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Home My WebLink AboutAGENDA PACKET_2021-12-21City Council and Special Housing Authority Meeting Packet December 21, 2021 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 Nelida Mendoza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable Ithe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 12/21/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 12/21/2021 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https:Hus02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person up to full capacity. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: City Council 3 12/21/2021 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <!!>) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez City Council 4 12/21/2021 ROLL CALL PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. 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: CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Civil Service Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 5 12/21/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS Mayor Sarmiento Bob Keller, Police Chaplain 1. Supportive City Award for Mosquito Campaign presented by Orange County Mosquito and Vector Control District. 2. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Lopez to the Santa Ana Pony Storm 12U Baseball Team for Exceptional Athletic Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Hernandez to Santa Anita Neighborhood Association Volunteers: Martha Calderon, Lydia Castillo, Victor Castillo, Lucia Cleto, Aileen Cayetano, Miranda Cayetano, Grace Moreno, Gustavo Ortega and Angel Velez in Appreciation of their Outstanding Contributions to the Community. STAFF PRESENTATIONS 4. Homeless Update. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. ICONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 throuah 37. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular and Special Housing Authority Meetings of August 17, 2021 City Council 6 12/21/2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 7. Minutes from the Regular and Housing Authority Meetings of September 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Minutes from the Special Closed Session and Regular Meetings of September 21, 2021. Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Minutes from the Special Open Session, Special Closed Session, Regular and Housing Authority Meetings of October 5, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Minutes from the Special Closed Session and Regular Meetings of October 19, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Minutes from the Special Closed Session, Regular Closed Session, Regular and Housing Authority Meetings of November 2, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 12. Minutes from the Special Meeting of November 15, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 13. Minutes from the Regular and Special Housing Authority Meetings of November 16, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 14. Minutes from the Special Meeting of December 6, 2021 Department(s): Clerk of the Council Office City Council 7 12/21/2021 Recommended Action: Approve minutes. 15. Minutes from the Regular and Housing Authority Meetings of December 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 16. Appoint Brandon Nguyen Nominated by Councilmember Phan as the Ward 1 Representative to the Youth Commission for a Partial -Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Brandon Nguyen to the Youth Commission representing Ward 1 and administer Oath of Office. 17. Adopt Ordinance No. NS-XXXX —ZONING ORDINANCE AMENDMENT NO. 2021- 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained). Published in the Orange County Reporter on November 26, 2021. Continued from the December 7, 2021 City Council meeting. Department(s): Planning and Building Agency Recommended Action: Place Ordinance on second reading and adopt. 18. Budget Calendar for Fiscal Year 2022-23 Department(s): Finance and Management Services Recommended Action: Approve the Budget Calendar for Fiscal Year 2022-23. 19. Approve a Sole Source Purchase Order to Califa Group to Provide Online Subscriptions to ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi - State Collection, and Newsbank for One Year (General and Non -General Fund) Department(s): Library Recommended Action: Approve a sole source purchase order to Califa Group to provide online subscriptions to ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi -State Collection, and Newsbank for one year from the date of registration to online services in the amount not to exceed $55,556.12, subject to non - substantive changes approved by the City Manager and City Attorney. City Council 8 12/21/2021 20. Award a Blanket Order Contract to Powers Brothers Machine, Inc. for Preventative Maintenance Services and As -Needed Rebuilds or Repairs for the City's Existing Sewage Grinder Units in An Amount Not to Exceed $575,000 Over a Three -Year Period (Specification No. 21-080) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Powers Brothers Machine, Inc., for preventative maintenance services and as -needed rebuilds or repairs for the city's existing sewage grinder units, including replacement units and parts, in an amount not to exceed $575,000 for a three-year period expiring November 1, 2024, with provisions for one, two-year renewal period exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 21. Award a Blanket Order Contract to Duke's Root Control, Inc. in an Annual Amount Not to Exceed $60,000 for Sanitary Sewer Chemical Root Foaming Services (Specification 21-124) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract for sanitary sewer chemical root foaming services to Duke's Root Control, Inc., in an annual amount not to exceed $60,000, for a total contract amount not to exceed $300,000, for a one-year term beginning December 21, 2021, and expiring December 20, 2022, with provisions for four one-year renewal periods exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. 22. Award a Purchase Order to P.T.I. Sand & Gravel, Inc., in an Amount Not to Exceed $487,500 for up to a Five -Year Term for the Purchase of Rock, Sand, and Gravel (Specification No. 21-134) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket purchase order contract to PTI Sand & Gravel, Inc., for the purchase of rock, sand, and gravel, in an annual amount of $97,500, for a total amount not to exceed $487,500, a for a one-year period beginning January 1, 2022, and expiring December 31, 2022, with provision for four one-year renewal periods exercisable by the City Manager and City Attorney. 23. Award Purchase Order to Bentley Systems, Inc. for Engineering Software Maintenance and Technical Support Services for a One-year Subscription Period from January 17, 2022, through January 16, 2023, in an Annual Amount Not to Exceed $80,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a one-time Purchase Order to Bentley Systems, Inc., for software maintenance and technical support for the specialized engineering City Council 9 12/21/2021 software used in the Public Works Agency for a one-year subscription period beginning January 17, 2022, and ending January 16, 2023, with the option to extend for up to four additional one-year terms, exercisable by the City Manager, in an annual amount not to exceed $80,000 per year, for a total amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney. 24. Approve Appropriation Adjustment in the amount of $7,250,000 and Award a Construction Contract to James W. Fowler Co., in the Amount of $5,922,025, for the SR-55/Ritchey Street Water Improvements Project, with an Estimated Project Delivery Cost of $7,250,000 (Project Nos. 19-6438, 19-6439, 19-6440) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $7,250,000 in reimbursement obligation funds from OCTA, as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Award a construction contract to James W. Fowler Co., the lowest responsible bidder, in accordance with the base bid in the amount of $5,922,025, for construction of the SR-55/Ritchey Street Water Improvements Project, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $7,250,000, which includes $5,922,025 for the construction contract; $180,000 for contract administration, inspection and testing; $150,000 for water engineering; and a $997,975 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,650,000 in construction funds for the SR-55/Ritchey Street Water Improvements Project. 25. Approve Appropriation Adjustment and Purchase and Sale Agreements per RFP 20- 159 Generating $1,850,000 in Revenue for Bristol Street Corridor Improvement Projects (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Southwest Group Properties, LLC, for the sale of City -owned property located at 1601 N Bristol Street (APN's 405-252-21 and 405-252-22) in the amount of $950,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a purchase and sale agreement with City Council 10 12/21/2021 Santana Green Development, LLC, for the sale of City -owned property located at 2235 S Bristol Street (APN 015-194-40) and 1211 W Warner Street (APN 015-194- 37) in the amount of $900,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment recognizing revenue in the amount of $1,189,750 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2021-22 from the sale of City -owned property located at various locations and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $660,250 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes) 26. Authorize Budget Reallocation and Approve Purchase and Sale Agreement with Life Cycle Management for 1725 N Bristol Street (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Life Cycle Management, LLC, for the purchase of real property located at 1725 N Bristol Street (APN 399-085-22), in the amount of $127,700, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Approve the reallocation of unspent OCTA Bristol Street Corridor Improvements funds in the amount of $40,864 from Bristol St Corridor Improvements Project (No. 11- 6741) to Bristol Street Corridor General ROW Project (No. 17-6887) to complete the funding for the purchase of real property located at APN 399-085-22. 27. Authorize a Budget Reallocation of $125,000 and Approve an Agreement with Mark Thomas for Grant Writing Services in an Amount Not to Exceed $250,000 for a Three - Year Term (Project No. 22-6899) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of $125,000 in unspent Measure M2 Local Fairshare funds, $61,230 from Project Development FY 19/20 (Project No. 20-6899), $13,594 from Project Development FY 20/21 (Project No. 21- 6899), and $50,176 from the Right Of Way Management Project (Project No. 22- 6900) to Project Development FY 21/22 (Project No. 22-6899) to complete the funding needed for the grant writing services agreement. 2. Authorize the City Manager to execute an agreement with Mark Thomas & Company, Inc. to provide grant writing services for the Santa Ana Grade Separation project in the amount of $186,648, with a contingency of $63,314, for a total amount of $250,000, for a three-year term beginning December 21, 2021, and expiring December 20, 2024, with an option for two, one-year extensions, subject non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 11 12/21/2021 28. Amend Agreement with MGT of America Consulting, LLC to Increase Compensation by $200,000 for Cost Allocation Plan Preparation (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with MGT of America Consulting, LLC for preparation of Code of Federal Regulations Part 200 compliant Cost Allocation Plans necessary for state and federal grant reimbursement, increasing the compensation by $200,000, which includes a $50,000 contingency, for a total agreement amount of $250,000, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 29. Approve Master Agreements for Legal Counsel Services with the Following Firms: Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR"); Liebert Cassidy Whitmore ("LCW"); Barboza & Associates; Oppenheimer Investigations Group; Four Star Investigations; Steve Filarsky; and Burke, Williams, & Sorenson ("BWS") (General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to execute a Second Amendment to the Agreement with AALRR to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 2. Authorize the City Manager to execute a First Amendment to the Agreement with LCW to provide special legal counsel services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 3. Authorize the City Manager to execute a First Amendment to the Agreement with Barboza & Associates to provide limited legal services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 4. Authorize the City Manager to execute a First Amendment to the Agreement with Oppenheimer Investigations Group to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 5. Authorize the City Manager to execute a First Amendment to the Agreement with Four Star Investigations to provide limited legal services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) City Council 12 12/21/2021 6. Authorize the City Manager to execute a First Amendment to the Agreement with Steve Filarsky to provide special legal counsel services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and (Agreement No. 2021-XXX) 7. Authorize the City Manager to execute a First Amendment to the Agreement with BWS to provide special legal counsel services not to exceed $350,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 30. Approve an Agreement with PlanetBids, Inc. in an Amount not to Exceed $225,000 for eProcurement Suite of Modules (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with PlanetBids, Inc. for a two-year period effective December 21, 2021, with an option to extend for up to three one-year renewal exercisable by the City Manager and City Attorney, not to exceed $225,000 over the entirety of the five-year period, which includes a $5,000 contingency for training and additional user licenses, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 31. Award a Contract to Grant Thornton Public Sector LLC for American Rescue Plan Act (ARPA) Compliance Consulting Services, in an Aggregate Amount not to Exceed $181,300, for a Six -Month Term (Revive Santa Ana Program) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Grant Thornton Public Sector LLC for ARPA Consulting Services for a six-month term with the option for one six-month renewal, for a total aggregate amount not to exceed $181,300, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 32. Resolution Designating J.P. Morgan Chase Bank, N.A. as the Continuing Official Depository for the City of Santa Ana and First Amendment to Agreement with J.P. Morgan Chase Bank, N.A., for Banking -Related Services in the Amount not to exceed $562,500, which Includes a General Contingency of $187,500 (Non -General Fund) Department(s): Finance and Management Services Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution designating J.P. Morgan Chase Bank, N.A. the official depository for the City of Santa Ana for five years, commencing January 1, 2022 through December 31, 2026. 2. Authorize the City Manager to execute a First Amendment to Agreement with J.P. Morgan Chase Bank, N.A. for banking -related services for an amount not to City Council 13 12/21/2021 $562,500, which includes a general contingency of $187,500. The First Amendment to Agreement shall commence January 1, 2022, and expire December 31, 2026, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 33. Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX - Adopt a resolution supporting federal PFAS legislation that protects ratepayers and water/wastewater agencies. 11 • \ . 11 �77Trri�[irez[z7i��[T�.I-Il:.�[s.TFr�ir . te the Fiseal Year •21 2022 MiseellaneeHs Fees R_speeifiePerngits- and ._ Fngits Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2021-XXX - Adopt a resolution approving the proposed Events Permit Policy, including park facility permits, film permits, land use certificate, and special event permits. 2. Resolution No. 2021-XXX - Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2021-22 specific to film permits and park facility permits. 35. Resolution and Authorization to Carry Over Grant Funds to the 2023 Federal Transportation Improvement Program as Required by Funding Agency Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2023 Federal Transportation Improvement Program. 2. Resolution No. 2021-XXX - Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2023-2028 Federal Transportation Improvement Program, and confirm the City's commitment to implement all projects submitted to the program. 36. Resolutions Authorizing Grant Application Submissions for California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program (Non - General Fund) Department(s): Public Works Agency Recommended Action: Adopt resolutions authorizing the Executive Director of the Public Works Agency to submit grant applications to the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program for various water resources projects in an amount up to $27,031,617L City Council 14 12/21/2021 1. Resolution No. 2021-XXX 2. Resolution No. 2021-XXX 3. Resolution No. 2021-XXX 4. Resolution No. 2021-XXX 5. Resolution No. 2021-XXX Flower Street Well Project Washington Well Project Well 29 Rehabilitation Project Well 32 Rehabilitation Project Well 38 Water Treatment Project 37. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and all Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2021-XXX —Adopt resolution to consider continuing the use of teleconferencing for the meetings of City Council and all boards, committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the next 30 days. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 38. Fiscal Year 2021-2022 General Fund - First Quarter Budget Update Department(s): Finance and Management Services Recommended Action: 1. Receive and file the fiscal year 2021-2022 General Fund - First Quarter Budget Update, including the increased sales tax and property tax estimates. 2. Amend the fiscal year 2021-2022 budget to add one position funded by the Water enterprise within the Finance and Management Services Agency and approve a $42,720 Appropriation Adjustment to fund the position for the remainder of FY21-22. (Requires five affirmative votes) 3. Approve one-time General Fund Appropriation Adjustments totaling $24,655,000 described in detail below for fiscal year 2021-2022. (Requires five affirmative votes) 4. Approve recurring General Fund Appropriation Adjustments totaling $3,066,900 described in detail below for fiscal year 2021-2022, which includes amending the FY21-22 budget to add one position to the Community Development Agency and funding for two positions in the City Clerk's Office and the City Attorney's Office. (Requires five affirmative votes) 5. Resolution No. 2021-XXX — Adopt a resolution amending the current Fiscal Year 2021-2022 Annual Budget to add one Full Time Position in the Finance and Management Services Agency and one Full Time Position in the Community Development Agency. City Council 15 12/21/2021 39. Ordinance Prohibiting the Sale of Flavored Tobacco Products Department(s): City Manager Office Recommended Action: Consider one of the following recommendations: 1. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products. 2. Ordinance No. NS-XXXX — Adopt an urgency ordinance prohibiting the sale of flavored tobacco products. (Requires five affirmative votes) 40. Disbanding and Establishing Certain City Council Ad Hoc Committees; Resolution Establishing Certain City Council Standing Subcommittees Department(s): City Manager Office Recommended Action: 1. Disband the Homeless, Housing, and Legislative City Council Ad Hoc Committees, and establishing a Charter Review City Council Ad Hoc Committee. 2. Resolution No. 2021-XXX — Adopt a resolution establishing the Public Safety and Homelessness, and Legislative City Council Standing Subcommittees. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 41. Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020- 03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update Legal Notice published in the Orange County Reporter on November 26, 2021 and notices mailed on November 19, 2021. Continued from the December 7, 2021 City Council meeting. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Resolution No. 2021-XXX — Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Resolution No. 2021-XXX — Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the City Council 16 12/21/2021 Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. 42. Ordinance No. NS-XXXX — Adoption of an Urgency Ordinance Adding Division 2 and 3 to Article XX of Chapter 41 of the Santa Ana Municipal Code Establishing Interim Regulations to Regulate Urban Lot Splits and Two -Unit Projects Under Senate Bill 9 Department(s): Planning and Building Agency Recommended Action: Adopt the Urgency Ordinance by 2/3 vote to add Division 2 and 3 to Article XX of Chapter 41 of the Santa Ana Municipal Code establishing interim regulations to regulate urban lot splits and two -unit projects under Senate Bill 9. COUNCILMEMBER REQUESTED ITEMS 43. Discuss and Consider Directing City Manager to Direct Staff to Introduce an Ordinance for a Ban on the Use, Possession and Sale of All Fireworks — Councilmembers Phan, Mendoza and Mayor Pro Tern Bacerra 44. Discuss and Consider Directing City Manager to Direct Staff to add "Adopt Order of Business" to the City Council Agenda and Revise on the Agenda the Title "Invocation" to "Words of Inspiration" — Councilmember Phan CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Future Items 1. Mental Health Mobile Outreach Services 2. Housing Element Update City Council 17 12/21/2021 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Special Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 7. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Housing Authority Meeting of August 17, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #6 in the City Council meeting agenda) 3. Minutes from the Housing Authority Meeting of September 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #7 in the City Council meeting agenda) 4. Minutes from the Housing Authority Meeting of October 5, 2021 City Council 18 12/21/2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #9 in the City Council meeting agenda) 5. Minutes from the Housing Authority Meeting of November 2, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #11 in the City Council meeting agenda) 6. Minutes from the Special Housing Authority Meeting of November 16, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda #13 in the City Council meeting agenda) 7. Minutes from the Housing Authority Meeting of December 7, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda Item #15 in the City Council meeting agenda) **END OF CONSENT CALENDAR** I BUSINESS CALENDAR JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY 8. Housing Successor Annual Report for FY 2020-21 — Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Special Housing Authority meeting. City Council 19 12/21/2021 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California +Rrrw ' August 17, 2021 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING — 5:00 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:05 p.m. Clerk of the Council conducted roll call. All councilmembers were present. Councilmember Bacerra joined the meeting at 5:11 p.m. PUBLIC COMMENTS — Members of the public may address the City Council on Closed City Council 6-1 18/27/2021 Session items. MINUTES: Irene Cabanas spoke regarding Items 2, 3, and 4 expressed the need for green space and a safe playground for children in the community. Kobe Cabanas spoke regarding Items 2, 3, and 4 expressed the need for green space and a safe playground for children in the community. Clerk of the Council, Daisy Gomez, reported out on correspondence received. 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 B. A.I.P., a Minor (Padilla) v City of Santa Ana, United States District Court (Central District of California), Case No. 8:19-CV-02212-FLA (JDEx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 915 & 921 N. Flower Street, 842 N. Garnsey Street, Santa Ana, CA 92703 (APN# 005-142-35, -47, -58) Negotiators: City Manager Kristine Ridge, Assistant City Manager Steven A. Mendoza Negotiating Party: Charles Manh Terms: Potential sale of Successor Agency vacant properties as required per Redevelopment Dissolution Laws (ABxl 26, AB 1484, AB 471, and SB 107) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 915 & 921 N. Flower Street, 842 N. Garnsey Street, Santa Ana, CA 92703 (APN# 005-142-35, -47, -58) Negotiators: City Manager Kristine Ridge, Assistant City Manager Steven A. Mendoza representing Successor Agency as Seller Negotiating Party: City Manager Kristine Ridge, Assistant City Manager Steven A. Mendoza representing City as Buyer Terms: Potential sale of Successor Agency vacant properties as required per Redevelopment Dissolution Laws (ABxl 26, AB 1484, AB 471, and SB 107) City Council (3-2 1 8/27/2021 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 925 N. Flower, 852 N. Garnsey and 848 N. Garnsey, Santa Ana, CA 92703 (APN# 005-142-34, -49, -48) Negotiators: City Manager Kristine Ridge, Assistant City Manager Steven A. Mendoza Negotiating Party: Charles Manh Terms: Potential purchase of vacant properties CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Council recessed meeting to consider .ams listed on. 9 Closed Session for discussion at 5:11 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned the C sed Session at 6:11 p.m. and called the Regular Open Session to order at 6:18 p.m. City Council 6-3 1 8/27/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:18 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. Mayor Sarmiento announced that Item 43 would be heard out of order and at staffs request Item 41 will be continued at a later date. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Mendoza led the Pledge of Allegiance. INVOCATION Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS Southern California Association of Governments (SCAG) 2021 Sustainability Awards Presentation. MINUTES: President Clint Lorimore of Southern California Association of Governments (SCAG) provided a brief video presentation. Proclamation presented by Councilmember Hernandez to Mario "Wizzo" Fernandez recognizing August 17, 2021 as "Wizzo" Day. Certificate of Recognition presented by Councilmember Lopez to Santa Ana High School for Receiving Top Honors at the National Speech & Debate Tournament. Proclamation presented by Councilmember Mendoza to Suavecito recognizing August 2021 as Chicano Heritage Month. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief update on delta variant cases, City Council @ — 4 1 8/27/2021 vaccines, current safety measures, vaccine requirements for city employees and the City's Safe Dining Program. Councilmember Lopez inquired about the time -line regarding vaccine requirements and current COVID policies in place for employees. 6. General Plan Community Outreach Update. Draft August 2021 General Plan Elements: https://www.santa-ana.org/genera l-plan/draft- documents Draft August 2021 Recirculated Program Environmental Impact Report, and prior Draft PEIR: https://www.santa-ana.org/general-plan/general-plan-environmental-documents MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced three Items were discussed: Two items were related to pending litigation, and the other related to real property negotiations. Regarding Item 1A City Council unanimously rejected settlement offer made by plaintiff, and directed staff to prepare for trial in September. City Council unanimously rejected offer to purchase the three properties, and directed staff to negotiate for adjacent three properties for consolidation for future park use. After the Closed Session report, Mayor Sarmiento announced that the agenda would be taken out of order as follows: Consent Calendar vote, Item 43 and then the public comments on agenda and non - agenda items. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Mayor Sarmiento recessed the Regular Open meeting after consideration of Item 43 at 10:19 p.m. and reconvened at 10:32 p.m. to consider public comments. Catalina Iniestra spoke in support of rent control. Mireya spoke spoke in support of rent control. Maria Cejas, Santa Ana resident and Tenants United Santa Ana volunteer counselor, spoke in support of rent control. City Council 6-5 18/27/2021 Mextli Lopez, resident and Tenants United Santa Ana representative, spoke in support of rent control Courtney Calderon spoke regarding rent control. Ted Hancock, Santa Ana resident, spoke on rock landscape to aid water conservation. Victor Mendez spoke on rent control, internal city matters, police commission meeting he attended, contract contingencies regarding Item 23, thanked Councilmember Hernandez regarding Item 36, and inquired about the flow of funds regarding item 40. Idalia Rios spoke in support of rent control. Joese Hernandez spoke in support of rent control, the waste hauler, Lastly, believes the need to advocate for our youth regarding public safety. Clerk of the Council, Daisy Gomez, reported out on correspondence received. Kayleigh Levit, Tenants United Santa Ana volunteer, spoke regarding AB 1482 and rental control ordinance. Victor Payan, Director of Media Arts Santa Ana, excited that the Council declared Chicano Heritage Month, announced upcoming art events, and noted recognition received by Southern California Association of Governments (SCAG). Lastly, regarding Item 9 spoke on the cannabis fund lacking funds for arts and requested to meet with staff to discuss possibilities within the framework of serving the youth. Daisy, Kennedy Commission representative, spoke in support of rent control. Nathaniel Greensides spoke in support of rent control. Yoselidna Mendoza, Tenants United Santa Ana volunteer counselor, spoke in support of rent control. Alondra Salazar spoke in support of rent control. Jesus Santana spoke in support of rent control. Karla Juarez, spoke in support of rent control. Silvia Hernandez spoke in support of rent control. Luis Tonalli spoke in support of rent control. City Council 6-6 18/27/2021 David Carbajal spoke in support of rent control. Mayor Sarmiento announced with council's support to consider Item 37, Item 40, and Housing Authority items tonight, and the balance of the Consent Calendar items (9, 10, 12, 13, 14, 20, and 33) to be continued to the September 7, 2021 council meeting. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 39. 7. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 8. Minutes from the regular meeting of May 18, 2021. Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Second Reading and Adoption of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services Continued from the August 17, 2021 City Council meeting. Department(s): Finance and Management Services Recommended Action: Place Ordinance on second reading and adopt. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE DISCRETIONARY ALLOCATIONS BETWEEN YOUTH SERVICES AND ENFORCEMENT SERVICES FROM THE CANNABIS FUND MINUTES: Consent Calendar Item 9 continued to the September 7, 2021 council meeting. 10. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Continued from the August 17, 2021 City Council meeting. Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts (COVID-19 City Council 9-7 18/27/2021 and non-COVID-19-related) entered into between April 1, 2021 to June 30, 2021, valued at up to $50,000 for non-public works contracts and agreements, up to $250,000 for public works contracts and agreements and all other contracts and agreements related to COVID-19. MINUTES: Consent Calendar Item 10 continued to the September 7, 2021 council meeting. 11. Receive and File Quarterly Report of Investments as of June 30, 2021 Department(s): Finance and Management Services Recommended Action: Receive and file quarterly report of investments as of June 30, 2021. 12. Quarterly Report for Housing Division Projects and Activities for the Period of April 2021 — June 2021 Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 2021 — June 2021. MINUTES: Consent Calendar Item 12 continued to the September 7, 2021 council meeting. 13. Willowick Golf Course Update Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Receive and file the Willowick Golf Course update. MINUTES: Consent Calendar Item 13 continued to the September 7, 2021 council meeting. 14. Receive and File Permit Parking Program Evaluation Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: Receive and File Permit Parking Program Evaluation. MINUTES: Consent Calendar Item 14 continued to the September 7, 2021 council meeting. 15. Award a Contract to Quinn Power Systems for the Purchase of Two Caterpillar Diesel Standby Generator Sets for Well 28 and Well 31 in the Amount of $458,870 (Specification No. 21-078) (Non -General Fund) Department(s): Public Works Agency City Council 6-8 18/27/2021 Recommended Action: Award a contract to Quinn Power Systems for the one-time purchase of two Caterpillar diesel standby generator sets for Well 28 and Well 31, in an amount not to exceed $458,870, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order in the Amount of $61,012 to BC Traffic Specialist for LED Balloon Lights (Specification 21-042) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to BC Traffic Specialist for LED Balloon Lights and Accessories in the amount of $61,012, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Phan recused herself from Item 16 due to a conflict of interest. 17. Amend the Blanket Order Contracts with Es -Electric, Inter -pacific, Inc., M. Brey Electric, Inc., And Williams & Maher, Inc. for Electrical Contractor Services by an Additional $500,000 for a Revised Annual Aggregate Amount Not to Exceed $705,000 (Specification No. 20-117) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the blanket order contracts for Citywide electrical contractor services with ES -Electric, Inter -Pacific, Inc., M. Brey Electric, Inc., and Williams & Maher, Inc. to increase the annual aggregate amount by $500,000, for a revised annual aggregate amount not to exceed $705,000, for the remaining term of the contract expiring October 19, 2022, and the three one-year renewal options, if exercised, subject to non -substantive changes approved by the City Manager and City Attorney. 18. Award a Blanket Order Contract to Professional Access CCTV & Electrical in an Amount not to Exceed $250,000 Annually for Implementation of Additional Security Measures on an As -Needed Basis (Specification No. 21-084) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract for implementation of additional security measures and maintenance repair services to Professional Access CCTV & Electrical in the amount of $225,000 plus a contingency of $25,000, for a total amount not to exceed $250,000 annually, for a one-year period beginning September 1, 2021, and expiring August 31, 2022, with provisions for two, one-year renewal options exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 19. Approve Appropriation Adjustment to Program Year 2021-22 Budget for the Workforce Innovation and Opportunity Act Programs (Non -General Fund) City Council 8-9 18/27/2021 Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment (2022-022) recognizing $2,464 in additional Dislocated Worker Title I Workforce Innovation and Opportunity Act funds from Program Year 2020-21 in revenue account and appropriating same to expenditure accounts for Program Year 2021-22. (Requires five affirmative votes) 2. Approve an appropriation adjustment (2022-023) recognizing $15,000 in Title 1 WIOA funds from the County of Orange for Regional Planning and Workforce Services in revenue account and appropriate same to expenditure account expiring March 30, 2022. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing (2022-023) $20,000 in Title 1 WIOA funds from the County of Orange for Regional Planning and Workforce Services in revenue account and appropriate same to expenditure account expiring September 30, 2022. (Requires five affirmative votes) 20. Approve an Appropriation Adjustment Accepting Orange County Transportation Authority M2 Comprehensive Arterial Capacity Enhancement and Intersection Capacity Enhancement Grant Funds in the Amount of $15,747,645 and Approve an Amendment to the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 15-6827, 17-6883, 18-6901) (Non -General Fund) Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-024) recognizing $15,747,645 in Measure M2 Arterial Capacity Enhancement (ACE) and Intersection Capacity Enhancement (ICE) grant funds into the Measure M-Street Construction Fund, Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program (CIP) to add: $1,012,500 in Measure M2 Competitive ICE funding for the construction phase of the Bristol Street/Memory Lane Intersection Improvements project (17-6883); $5,658,840 in Measure M2 Competitive ICE funding to the Fairview Bridge and Street Improvements from 9th Street to 16th Street project (15-6827) for the right-of- way and construction phases; and $9,076,305 in Measure M2 Competitive ACE funding for the construction phase of the Warner Avenue Improvements from Oak Street to Grand Avenue project (18-6901). MINUTES: Consent Calendar Item 20 continued to the September 7, 2021 council meeting. 21. Approve an Appropriation Adjustment and Approve the Well 38 PFAS Agreement with the Orange County Water District in the amount of $6,000,000 for a 30-Year Term City Council 60- 10 1 8/27/2021 for Construction of a Treatment Facility at Well 38 (Project No. 22-6470) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-019) recognizing $1,000,000 from prior year fund balance in the Public Works Water Revenue, Prior Year Carry Forward revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Water Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute the Well 38 PFAS Agreement with the Orange County Water District for a total cost not to exceed $6,000,000, for the term beginning upon execution of the agreement and ending 30 years thereafter, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,000,000 in funds for the Well 38 PFAS Treatment Facility Project. MINUTES: Councilmember Phan recused herself from Item 21 due to a conflict of interest. This consent Item - Agreement No. 2021-146 was approved. 22. Approve an Appropriation Adjustment and Three Agreements with Trustar Energy LLC to Design and Build, Operate and Maintain, and Provide Renewable Natural Gas for a Compressed Natural Gas Station at the City Corporate Yard (220 S Daisy Avenue, Santa Ana, CA 92703) in an Amount not to Exceed $2,122,232 for a up to a Two -Year Term for the Design -Build Agreement, $403,200 for up to an Eight -Year Term for the Maintenance Agreement, and up to a Thirteen -Year Agreement for the Provision of Natural Gas (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-020) recognizing prior year fund balance of $1,038,300 dollars in the Air Quality Improvement Fund (AB 2766), Prior Year Carry Forward revenue account, and appropriating the same amount into the Fleet Services - Air Quality Improvement Account (AQMD). (Requires five affirmative votes) 2. Authorize the City Manager to execute a Design and Build Agreement with TruStar Energy LLC to provide services for Phase I — Design, Phase II — Equipment Procurement and Phase II — Construction, of a new compressed natural gas (CNG) fueling station at the City Corporate Yard, in an amount not to exceed $2,122,232, with a contingency of $333,638, for a one-year term beginning August 17, 2021 and expiring August 16, 2022, with a one-year renewal option, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 3. Authorize the City Manager to execute a maintenance agreement with TruStar City Council 61- 11 18/27/2021 Energy LLC to provide services to maintain the CNG fueling station, for a five-year period beginning upon the completion of construction, with provisions for three one- year extensions, in an amount not to exceed $403,200, subject to non -substantive changes as approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 4. Authorize the City Manager to execute a no -cost Environmental Attribute agreement with TruStar Energy LLC to provide renewable natural gas (RNG) for the CNG fueling station for a ten-year period beginning March 16, 2021 and expiring March 15, 2031, with provisions for three, one-year extensions, subject to non -substantive changes as approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 5. Approve the Design and Build Project Cost Analysis for a total estimated delivery cost of $2,378,379 which includes $104,340 for Design (Phase 1), $812,102 for Equipment Procurement (Phase 11), a 15% contingency $333,638 for Phase 11, $1,412,152 for the Build Agreement, $139,717 for Contract Administration and $116,430 for Inspection. MINUTES: This consent Item - Agreement No. 2021-147 was approved. This consent Item - Agreement No. 2021-148 was approved. This consent Item - Agreement No. 2021-149 was approved. 23. Approve an Appropriation Adjustment and Additional Contingency Funds in the Amount of $906,476 for an Existing Construction Contract with All Cities Engineering, Inc., and Additional Contract Administration, Inspection and Testing in the Amount of $118,237 with an Estimated Project Delivery Cost of $4,357,067, for the Saint Gertrude and Grand Avenue Water Main Replacement Project (Project No. 15-6446) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-018) recognizing $1,024,713 in prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward revenue account, and appropriating the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis in the amount of $1,024,713 for $906,476 in additional contingency funds and $118,237 in additional contract administration, inspection and testing for a new estimated total construction delivery cost of $4,357,067. The new estimated total construction delivery costs include $2,563,350 for the construction contract, $502,741 for contract administration, inspection and testing, and a $1,290,976 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $1,024,713, which includes $118,237 in construction engineering funds and City Council 62-12 12/27/2021 $906,476 for construction contingency funds, for the St Gertrude and Grand Water Main Project (15-6446). 24. Approve Appropriation Adjustment and Amendment to Agreement with Butier Engineering, Inc. for Construction Engineering Services to Increase the Agreement Amount by $379,714 and the Contingency by $56,957, for a Total Amount Not to Exceed $986,671 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-017) recognizing prior -year fund balance of $681,343 in the Sewer Connection Fee Fund, Sewer Connection Projects, Prior Year Carry -Forward revenue account, and appropriating the same amount into the Sewer Connection Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an agreement amendment for construction engineering services with Butier Engineering, Inc. for construction engineering services to increase the agreement amount by $379,714 and the contingency by $56,957 for a total agreement amount of $986,671, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $681,343 in construction funds, for the San Lorenzo Sewer Lift Station Project (06- 3510). MINUTES: This consent Item - Agreement No. 2021-150 was approved. 25. Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC 1. Frank Filipponio and Kristen Marcucci, Trustees of the Filipponio Marcucci Trust, 2021- 10, 935 W. Twentieth Street, 7:0:0:2 (Frazier and Shipp Absent) (Agreement No. 2021-XXX) 2. Benjamin Ramirez Jr. and Nicolette Ellen -Valdez Ramirez, 2021-06, 2307 N. Benton Way, 6:0:1:2 (McLoughlin Abstain, Frazier and Shipp Absent) (Agreement No. 2021-XXX) 3. Lauren Elizabeth and Jenny Hartshorne, 2021-12, 2311 N. Heliotrope Drive, 6:1:0:2 (Christy Dissenting, Frazier and Shipp Absent) (Agreement No. 2021-XXX) 4. Alfred Frank Weitzman, Maura Zwerling Weitzman, David A. Weitzman, and Brooke Weitzman, 2021-04, 2424 N. Bonnie Brae, 7:0:0:2 (Frazier and Shipp Absent) (Agreement No. 2021-XXX) City Council 63- 13 18/27/2021 5. Jacob and Vanessa Collins, 2021-11, 2206 N. Freeman Street, 7:0:0:2 (Frazier and Shipp Absent) (Agreement No. 2021-XXX) MINUTES: This consent Item - Agreement No. 2021-151 was approved. This consent Item - Agreement No. 2021-152 was approved. This consent Item - Agreement No. 2021-153 was approved. This consent Item - Agreement No. 2021-154 was approved. This consent Item - Agreement No. 2021-155 was approved. 26. Approve an Agreement with Barrios and Associates, LLC, DBA Communications Lab for "Ready OC" Emergency Preparedness and "If You See Something, Say Something" Public Awareness Campaigns (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to enter into an agreement with Barrios & Associates, LLC, dba Communications LAB, for the period of August 17, 2021 through June 30, 2024, with two one-year renewal options, to continue the Ready OC Emergency Preparedness Campaign and the "If You See Something, Say SomethingTM" Public Awareness Campaign, for a total five-year amount not to exceed $1,150,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-156 was approved. 27. Approve Agreements for Rotational Towing Services and Storage Services for the Police Department Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute a three-year agreement with Standard Enterprises, Inc. dba To N Mo for the period of September 1, 2021 through August 31, 2024 to provide police rotational towing and storage services, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a three-year agreement with Greater Southern California Towing, Inc. for the period of September 1, 2021 through August 31, 2024 to provide police rotational towing and storage services, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Authorize the City Manager to execute a three-year agreement with B&D Towing, Inc. for the period of September 1, 2021 through August 31, 2024 to provide police rotational towing and storage services, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 64- 14 18/27/2021 4. Authorize the City Manager to execute a three-year agreement with Metro Pro Road Services, Inc. for the period of September 1, 2021 through August 31, 2024 to provide police rotational towing and storage services, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement No. 2021-157 was approved. This consent Item - Agreement No. 2021-158 was approved. This consent Item - Agreement No. 2021-159 was approved. This consent Item - Agreement No. 2021-160 was approved. 28. Approve Agreements with General Pump Company, Inc., Layne Christensen Company, and Weber Water Resources CA, LLC for Water Well, Pump and Motor Rehabilitation and Repair Services for a Total Amount Not to Exceed $3,250,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with General Pump Company, Inc., Layne Christensen Company, and Weber Water Resources CA, LLC to provide water well, pump and motor rehabilitation and repair services, for a three-year period beginning August 17, 2021 and expiring August 16, 2024, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $3,250,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-161 was approved. 29. Approve Agreements with ACCO Engineered Systems, Inc., ABM Building Solutions, LLC, and Allison Mechanical, Inc. for HVAC Maintenance and Repair Services in a Shared Annual Amount Not to Exceed $100,000 for up to a Five -Year Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ACCO Engineered Systems, Inc., ABM Building Solutions, LLC and Allison Mechanical, Inc. to provide on -call heating, ventilation, and air conditioning (HVAC) maintenance and repair services, for a three-year period beginning August 17, 2021 and expiring August 16, 2024, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, in an annual shared aggregate amount not to exceed of $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-162 was approved. 30. Approve an Agreement with David Evans and Associates, Inc. for Design and City Council 65- 15 18/27/2021 Construction Support Services for the Standard — McFadden Park in an Amount Not to Exceed $300,000 for a Three -Year Term (Project No. 20-2729) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with David Evans and Associates, Inc. to provide design, development, and contract documents for the proposed Standard -McFadden Park project in the amount of $258,075, with a contingency of $41,925, for a total amount not to exceed $300,000, for a three-year term beginning August 17, 2021 and expiring August 16, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-163 was approved. 31. Approve Agreements with Duthie Power Services and Global Power Group, Inc. for On -Call Electric Generator Maintenance and Repair Services in an Annual Amount Not to Exceed $100,000 for Up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Duthie Power Services and Global Power Group, Inc. to provide on -call electric generator maintenance and repair services, for a three-year period beginning August 17, 2021 and expiring August 16, 2024, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, in an annual shared aggregate amount not to exceed of $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-164 was approved. 32. Approve an Agreement with Health Management Associates to Provide Feasibility and Fiscal Evaluation Services for a Municipal Public Health Agency in an Amount not to Exceed $180,830 for a One -Year Term (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Health Management Associates, Inc. to provide feasibility and fiscal evaluation services for a municipal public health agency for a one-year term beginning on August 18, 2021 and expiring on August 18, 2022, in an amount not to exceed $180,830, which includes a $10,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Approve the Project Cost for a total estimated cost of $200,000, which includes $19,170 for contract administration and legal services and a $10,000 project contingency for any additional services as directed by the City. MINUTES: This consent Item - Agreement No. 2021-165 was approved. 33. Approve an Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Months City Council 66- 16 18/27/2021 (Non -General Fund) Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Illumination Foundation to continue to operate a temporary shelter at the Fullerton Recuperative Care Center for an additional four months through January 31, 2022 for an additional amount of $600,000, for a total aggregate amount not to exceed $2,100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Consent Calendar Item 33 continued to the September 7, 2021 council meeting. 34. Amend Agreement with Questica LTD to Increase Contract Amount by $75,520 for Annual Fee and Custom Reports (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Questica LTD to increase compensation amount by $75,520 for annual fee and custom reports, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-166 was approved. 35. Approve Renewal Agreement with Selectron Technologies, Inc., for Interactive Voice Response System in the Amount not to Exceed $921,213 (General and Non -General Fund) Department(s).- ' iformation Technology, Finance and Management Services and Public Works Recommended Action: Authorize the City Manager to execute a renewal agreement with Selectron Technologies, Inc. for Interactive Voice Response System software support and maintenance for Municipal Utility Services in the amount of $201,945 and optional services for Outbound Messaging Dog License, Business License, and Land Management System ("LMS") in the amount of $599,110, for a total not -to -exceed amount of $921,213, including a 15 percent contingency of $120,158, for an initial term commencing July 1, 2021 and expiring December 31, 2025, with a provision for two renewal options, of three years and one year, respectively, ending December 31, 2029, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-167 was approved. 36. Approve Facilities Use Agreement with Training and Research Foundation to Operate Childcare Centers at Corbin Community Center and El Salvador Community Center (Revive Santa Ana Program) Department(s): Parks, Recreation, and Community Services City Council 67-17 18/27/2021 Recommended Action: Authorize the City Manager to execute a facilities use agreement with Training and Research Foundation to operate childcare centers at Corbin Community Center and El Salvador Community Center, for a term beginning August 17, 2021 and ending August 31, 2026, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-168 was approved. 37. Approve renewal of Agreement between the City of Santa Ana and AdminSure, Inc. Department(s): Human Resources Recommended Action: 1. Authorize first optional two (2)-year extension for Agreements A-2018-210 and A-2018-211 (Agreement No. 2021-XXX and Agreement No. 2021-XXX) 2. Authorize the City Manager, in his/her discretion, to administratively exercise the second and final two (2)-year extension. Moved by Councilmember Phan, seconded by Councilmember Bacerra to approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass MINUTES: This consent Item - Agreement No. 2021-169 was approved. This consent Item - Agreement No. 2021-170 was approved. 38. Approve a Second Amendment to the Option Agreement with Washington Santa Ana Housing Partners, L.P. for the Development of the Crossroads at Washington for up to $300,000 in Backstop Funding; Approve an Additional Award of $333,742 of Neighborhood Stabilization Program Funds and Seven Project -Based Vouchers to the Existing Pre -Loan Commitment Letter for $3,971,440, for a Total of $4,305,182, tc the Related Companies of California, LLC and A Community of Friends for the Development of the Crossroads at Washington Approval of this item is contingent upon approval of Housing Authority agenda item #3. Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a First Amended and Restated Pre -Loan Commitment letter with The Related Companies of California, LLC ("Related") with A Community of Friends ("ACOF") for a total of $4,305,182 in affordable housing funds, consisting of $3,007,489 in HOME Investment Partnerships Program funds, $963,951 in Neighborhood Stabilization Program funds, and an City Council 68- 18 18/27/2021 additional $333,742 in Neighborhood Stabilization Program funds. MINUTES: This consent Item - Agreement No. 2021-172 was approved. 39. Santa Ana Public Library Request to Join the Santiago Library System as a Full Member Department(s): Library Recommended Action: Resolution No. 2021-XXX —Adopt a resolution allowing the Santa Ana Public Library to join the Santiago Library System (SLS) as a full member and become eligible for additional State funding for library services that support digital literacy and education. MINUTES: This consent Item - Resolution No. 2021-044 was approved. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar items 7- 39 with the exception of 9, 10, 12, 13, 14, 20, 33, and 37. Councilmember Phan recused herself from Items 16 and 21 due to an conflict of interest. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass MINUTES: Mayor Sarmiento announced that the items pulled from the consent calendar will be considered after Public Hearing item 43. **END OF CONSENT CALENDAR** BUSINESS CALENDAR 40. Resolution of the City Council of the City of Santa Ana, California Approving the Form of a Preliminary Official Statement and Continuing Disclosure Certificate in Connection with the Issuance of Bonds to Refund Certain Pension Obligations of the City and Approving Additional Actions Related Thereto Department(s): Finance and Management Services Recommended Action: Resolution No. 2021-XXX — Adopt a Resolution (Exhibit 1) Approving the Preliminary Official Statement (Exhibit 2) and the Continuing Disclosure Certificate (Exhibit 2-Appendix E) in connection with the City of Santa Ana Pension Obligation Bonds, Series 2021A ("the Bonds") to refinance of the City's pension City Council 69- 19 18/27/2021 obligations to CalPERS. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass MINUTES: This consent Item - Resolution No. 2021-045 was approved. MINUTES: Mayor Sarmiento recessed the Regular Open meeting and convened to the Special Housing Authority meeting at 11:53 p.m. 41. Approve Appropriation Adjustment Transferring Funds from the Police Department Metropolitan Division to other Police Department Accounts, and Receive and File Report on Traffic Stop Data (General Fund) Department(s): Police Department Recommended Action: 1. Approve an appropriation adjustment (2021-021) reducing the Metropolitan Division expenditure accounts by $1,103,360 and appropriate same to the Field Operations, Criminal Investigations, Training, Crimes Against Persons, and Vice expenditure accounts. (Requires five affirmative votes) 2. Receive and File Report on Traffic Stop Data. MINUTES: Business Item 41 continued to a future Council meeting at the request of staff. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 42. Hold a Public Hearing to Adopt a Resolution of Necessity Determining Public Interest and Necessity for the Acquisition of Real Property Located at 1313 W. Memory Lane (Property Owner: Rim Pacific Investors Portofino, LLC) (Project No. 17-6883) (Non - General Fund) Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on July 22, 2021. Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency City Council (30- 20 18/27/2021 Recommended Action: Resolution No. 2021-XXX — Approve a resolution of necessity authorizing the condemnation of a portion of the real property located at 1313 W. Memory Lane (APN 002-261-29), owned by Rim Pacific Investors Portofino, LLC, declaring the public necessity and interest thereof. (Requires five affirmative votes) 43. Hold a Public Hearing to Adopt a Resolution to Approve an Exclusive Agreement to Athens Services for the Collection and Handling of Solid Waste for a Term of up to Eighteen years and Authorize a Proposition 218 Process (General and Non -General Fund) As required by Section 1303 of the Charter, Resolution 2021-042 was published in the Orange County Register on July 23, 2021. Legal Notice was published in the Orange County Reporter on August 6, 2021 and August 13, 2021. Department(s): Public Works Agency Recommended Action: 1. Hold a Public Hearing to adopt a resolution (Resolution No. 2021-XXX) whereby the City Council awards a solid waste exclusive agreement to Athens Services. 2. Award an exclusive agreement for solid waste collection and handling services to Athens Services, subject to a Proposition 218 process, effective 30 days after Council approval, for a service provision term of ten years commencing on July 1, 2022 and expiring June 30, 2032, with a mutual option to extend for a period of five years, and a City option to extend for a period of up to thirty-six months, subject to non -substantive changes including clarification of sections 3.5 and 5.1.1 with respect to payment of fees approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Authorize and direct staff to prepare all required documents necessary to proceed with notification of proposed refuse rate adjustments in compliance with Proposition 218 requirements, including, but not limited to, the following: a) Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at cost not to exceed $100,000. b) Schedule a public hearing at a future Council meeting, on or after September 21, 2021. MINUTES: Mayor Sarmiento opened the public hearing at 7:21 p.m. Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Mayor Sarmiento opened the public hearing for public comments at 7:29 p.m. Doug Corcoran of Waste Management available for questions. City Council (i1— 21 18/27/2021 Tania Castandeda, Republic Services representative, spoke on their services and encouraged council to vote for Republic Services. Omar Lucero employed by Republic Services encouraged council to vote for Republic Services. Raul Chavez employed by Republic Services encouraged council to vote for Republic Services. Elizabeth Ramirez, Vice President of Government Affairs with Athens Services, thanked council and spoke on their services and commitment to the community and the city. Naginder Singh, employed by Athens Services, spoke of their services and encouraged council to vote for Athens Services. Mike Silva, Vice President with CR&R, spoke of their company's services. Jessie Hernandez employed by Republic Services spoke in support of Republic Services. Abel Castro employed by Republic Services spoke in support of Republic Services. Miguel Garcia employed by Athens Services spoke in support of Athens Services. Antonio Garcia employed by Athens Services spoke in support of Athens Services. Jeff Katz spoke in support of CR&R. Fabian Olmes employed by Athens spoke in support of Athens Services. Mary Lara Director of TKO Boxing Club spoke regarding an annual scholarship and spoke in support of Athens Services. Cord Laule, Senior Vice President with Athens Services, spoke in regards to labor unions and encouraged council to vote for Athens Services. Gary M. Clifford, Executive Vice President of Athens Services, spoke in support of Athens Services. Shane Green with LOG Engineers provided input regarding Vehicle Miles Traveled ( VMT). Jim Smith, Political Coordinator with Teamsters Local 396, expressed concerns with Athens Services. City Council (R2- 22 12/27/2021 Adan Alvarez, Communication Director with Teamsters Local 396, expressed concerns with Athens Services. Ron Herrera, Principal Officer and Union Member With Teamsters Local 396, encouraged council to make decision based on people and the social aspects of the City and support CR&R, Waste Management, or Republic Services. Ron Ovadia resident of Redondo Beach spoke in support of Athens Services. Chad England resident of West Hollywood spoke in support of Athens Services. Rene A. Martinez Athens Services employee spoke in support of company. Courtney Calderon expressed concern with lack of union, public safety, and quality jobs for selection. Oscar Mendoza employed with Waste Management spoke in support of company. Walter Robert, Senior District Manager with Waste Management, thanked city, staff, and employees for the past years. Desi Reyes expressed concerns with Waste Management's services. Steve Lopez, Operations Manager with Republic Services, spoke in support of company. Delfino Roa employed with Waste Management expressed concern with working with non -unionized companies and in spoke in support of Waste Management Victor Mendez expressed concern with the rates and lack of quality of life for the residents. Clerk of the Council Daisy Gomez reported out on correspondence received prior to hearing public comments via Zoom. George Will, Ward 3 resident, expressed concern with procurement process of vendors. Dave Elliott, President and CEO of Santa Ana Chamber of Commerce, spoke in support of Waste Management. Rahinna Pacheco expressed concern with climate change and the importance a waste hauler in close proximity. City Council (33- 23 18/27/2021 Mayor Pro Tem Penaloza closed the public hearing at 8:50 p.m. Council discussion ensued. Republic Services representative accepted the changes. Mayor Sarmiento recessed the Regular Open meeting after consideration of Item 43 at 10:19 p.m. and reconvened at 10:32 p.m. to consider Public Comments. Moved by Councilmember Mendoza, seconded by Councilmember Phan to approve amended motion to award agreement to Republic Services and include the following amendment to add the below, number one (I.), to Section 5.2.6 on page 96 of the proposed agreement and add number two (II.) to be reflected to exhibit 11 of the agreement, which are exhibits to resolution: I. Request the implementation of clean city initiatives to be accelerated by one full year with no impacts to rates except for abandoned item collections and liter clean up to be implemented on July 1, 2022, a six-month acceleration. II. A request to establish a new neighborhood association public -right-of- way trash container service as part of the clean city initiatives with no impacts to rates, which includes the following: • Program would apply to all neighborhood associations present and future. An association will need to make tae request for the cans. • The cans shall be collected once a week at the same time as the weekly service for the area. • Cans shall be placed on the public -right-of-way where vehicles do not impede the collection and are collected automatically. • Cans must meet the same specifications as the public -right-of-way trash container service in exhibit 11 of the agreement. • Cans shall be steamed cleaned on the exterior and interior as specified in the right-of-way trash container steam cleaning service in exhibit 11 of the agreement. • The number of neighborhood cans shall not exceed 896. This number includes the Washington Square Neighborhood Association cans. • Hauler will supply a maximum of 882 new cans. Only 14 cans from the Washington Square Neighborhood Association will be collected manually. • Washington Square Neighborhood Association service of the 14 cans shall start on July 1, 2022. • The new neighborhood associations public -right-of-way trash container service shall start at the same time as the right-of-way trash container service in exhibit 11 of the agreement 1. Held a Public Hearing to adopt a resolution (Resolution No. 2021-046) City Council Q4 24 18/27/2021 whereby the City Council awards a solid waste exclusive agreement to Republic Services with the above amended changes. 2. Award an exclusive agreement for solid waste collection and handling services to Republic Services, subject to a Proposition 218 process, effective 30 days after Council approval, for a service provision term of ten years commencing on July 1, 2022 and expiring June 30, 2032, with a mutual option to extend for a period of five years, and a City option to extend for a period of up to thirty-six months, subject to non -substantive changes including clarification of sections 3.5 and 5.1.1 with respect to payment of fees approved by the City Manager and City Attorney (Agreement No. A-2021-171) with the above amended changes 3. Authorize and direct staff to prepare all required documents necessary to proceed with notification of proposed refuse rate adjustments in compliance with Proposition 218 requirements, including, but not limited to, the following: a) Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at cost not to exceed $100,000. b) Schedule a public hearing at a future Council meeting, on or after September 21, 2021. YES: 6 — Bacerra, Hernandez, Mendoza, Phan, Penaloza, Sarmiento NO: 1 — Lopez ABSTAIN: 0 ABSENT: 0 Status: 6— 1 —0-0—Pass MINUTES: This consent Item - Agreement No. 2021-171 was approved. This consent Item - R, volution No. 2021-046 was approved. CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra wished all Happy Labor Day weekend and announced his office hours for Saturday, September 11, 2021. Councilmember Hernandez thanked residents and congratulated Republic Services. City Council 65- 25 18/27/2021 Congratulated Santa Ana High School Debate Team and Mario "Wizzo" Fernandez. Thanked Councilmember Mendoza for introducing the proclamation of August being Chicano Heritage month. Councilmember Lopez announced that the Cambodian community is having a resource fair at Chestnut Walker community Center this coming Saturday. Wished all a Happy Labor Day weekend and encouraged all residents to register to vote. Inquired from staff about the status of the remote work policy and the length of time the equity inclusion coordinator position will be opened for applying. Lastly, congratulated Republic Services. Councilmember Mendoza gave an update on the current drought, encouraged less water use, and informed Council of Peter Katz's hospitalization. Councilmember Phan encouraged residents to conserve water usage. Mayor Pro Tem Penaloza wished all school children a happy and safe back to school. Mayor Sarmiento reminded all of September 14 special election. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Future Items 1. Police Oversight Update 2. Enhanced Homeless Outreach Services 3. Mental Health Mobile Outreach Services MINUTES: Mayor S-irmiento adinurned the City Council meeting on Wednesday, August 8, 2021 at 12:03 a.m. SC :CIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza I I MTty - 1 : J IT. r, David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez City Council (36- 26 18/27/2021 MINUTES: Chair Sarmiento called the Housing Authority meeting to order on April 7, 2021 at 11:53 p.m. Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Special Housing Authority agenda. MINUTES: No public comments on Housing Authority items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. 1. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse absent members. 2. Quarterly Report for the Housing Choice Voucher Program for the Period of April 2021 to June 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of April 2021 to June 2021. 3. Approve a Second Amendment to the Option Agreement with Washington Santa Ana Housing Partners, L.P. for the Development of the Crossroads at Washington for up to $300,000 in Backstop Funding; Approve an Additional Award of $333,742 of Neighborhood Stabilization Program Funds and Seven Project -Based Vouchers to the Existing Pre -Loan Commitment Letter for $3,971,440, for a Total of $4,305,182, to the Related Companies of California, LLC and A Community of Friends for the Development of the Crossroads at Washington Approval of this item is contingent upon approval of Council agenda item #38. Department(s): Community Development Agency Recommended Action: 1. Authorize the Executive Director of the Housing Authority to execute a Second Amendment to Option Agreement with Washington Santa Ana Housing Partners, L.P., a California limited partnership for the development of the Crossroads at Washington affordable housing project located at 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701, (APNs 398-092-13 and 398-092-14) to City Council 67- 27 18/27/2021 include an environmental remediation backstop amount not to exceed $300,000 (if required), subject to non -substantive changes approved by the Executive Director and Housing Authority General Counsel. 2. Approve an award of up to seven project -based vouchers and authorize the Executive Director of the Housing Authority to execute an Agreement to enter into a Project -Based Vouchers Housing Assistance Payments Contract with Washington Santa Ana Housing Partners, L.P., a California limited partnership for the development of the Crossroads at Washington affordable housing project located at 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701, (APNs 398-092-13 and 398-092-14), subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. Moved by Councilmember Hernandez, seconded by Councilmember Mendoza to approve Consent Calendar Items. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass **ENO OF nNSEI . T CALENDAR** HOUSING AUTHORITY N. I IBEr. COMMENTS MINUTES: None ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Special Housing Authority meeting and reconvened to the Regular Meeting at 11.55 p.m. to consider City Manager and Council Comments. City Council @8- 28 12/27/2021 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d September 07, 2021 CLOSED SESSION MEETING - 5:00 pm REGUI 7PEN MEETING - 5:45 pm (Immir ly folic, 'ng the Closed Session Meeting) CITY C NCIL CHAMBER 22 Civic Cent aza Santa Ana, CA 92701 CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council PUBLIC COMMENTS None. Neli Thai David Pen, iza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:05 p.m. City Council 71— 1 12E'I/2021 Clerk of the Council conducted roll call. All councilmembers were present. 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. Candelario Jalomo v. City of Santa Ana, Orange County Superior Court Case No. 30-2019-01118103-C U -WT-CJ C 2. PUBLIC EMPLOYEE PEP' 'RMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of tZITH l, City AtIey and City Manager 3. CONFERENCABOR N' jOTIATORS Pursuant to Government Code Section 54957.6 Agency designated rep. _ rativ^theCoq4 Resources Director Unrepresented employee: Cle j City Attorney and City Manager CLOSED SESSION REPORT — The Ci will ort on nv action(s) to be taken at the Regular Open Session which will begi come oll losed Session. RECESS — City Council will recess to Closed bn fo p conducting regular City business. MINUTES: Council recessed meeting to consider items list on the Closed Session for discussion at 5:06 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council 72— 2 12E'I/2021 MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:03 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:09 p.m. ROLL CALL MINUTES: Clerk of the Cou e PLEDGE OF ALLE' ,NCE Ducted roll call. All councilmembers were present. Mp )r Sarmiento INVOCATION i Alvarado 100f CEREMONIAL PRESENTATIONS 1. Certificate of Recognition pre . ited by MG^ for Outstanding Contributions o the C unity Tern Penaloza to Johanna Scillieri 2. Certificate of Recognition presente .1 ber Her—ndez to Alexis Rocha for Outstanding Contributions to the Co unity. 3. Proclamation presented by Councilme ez to C y Fire Authority recognizing the Twentieth Anniversary of 9 4. Certificate of Recognition presented by Council ber Mr ; to California State Fullerton University in Recognition of your Spirit Collar a ion in the Arts Community. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief update on COVID-19 cases numbers, vaccination statistics, and vaccination sites. Council provided input to staff: CLOSED SESSION REPORT - The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. City Council 73- 3 12E'I/2021 PUBLIC COMMENT - Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Chad Kroeger spoke on a non -agenda item for potential grant funds. JT Parr spoke on a non -agenda item for potential grant funds. Alex Diaz spoke in support of Item 30, resolution supporting the Orange County Veterans Cemetery. Ernesto Medrano with Orange Counties Building and Construction Trades Council spoke on Item 35 and urged council to include language in the ordinance supporting a skilled and trained workforce. Ayn Craciun thanked targets for climate chi Andrew Gonzales sliWlk regarding Itr 35. Mario Munoz spoke in supp- . aem 3' Nick Berardino President of VAL support Item 30. John Hanna with Southwest Regional Co. and Item 35. Item 33 and encourages acceleration of of of Orange County) spoke in Dale Helvig spoke about Peter Katz' passions and h; iany co, community. In addition, encouraged council to supputt Item " support of Item 30 , `ions to the Albert Castillo spoke against Police Officer Association P1, ;dent Gerry Serrano's high salary and behavior. Jose Guevara, on behalf of Congressmen Luis Correa, spoke in support of Item 30. Provided a few words in memory of Peter Katz. Araceli Cazales requested council support the Fiestas Patrias Event in Centennial Park. Max Madrid spoke in support of Item 30. Venancio Chavez spoke regarding an increase in neighborhood crimes and how the police budget is being utilized. Carl Benninger provided a few words in memory of Peter Katz, urged council to pass Item City Council 74- 4 12fgT/2021 30 supporting the Orange County Veterans Cemetary. Perla Rocio Cruz requested council support for the Fiestas Patrias cultural event. Juan Godoy requested financial support for the Fiestas Patrias event. Hermelindo "Lindo" Saldavor with Los 32 de Mexico spoke to request council support for the Fiestas Patrias cultural event. Giselda Cabrera and Mike Gonzalez spoke to request council support for the Fiestas Patrias cultural event and asked for an extension raise funds. Mayor Sarmiento provided a comment sent to him by Zeke Hernandez in support of Item 30. Clerk of the Council Dais, -)mez ret, `ed out on correspondence received prior to hearing public comme, via Zoom. Jose Trinidad Casta spoke in ort Item 30 Nathan Taft, Senior campa or St spoke on Item 33 climate change resolution and encouraged council prove resolution. Ana Charco with Latino Health Access sp jjrVto urge the council to utilize the Willowick property. Danny Gray Capistrano Beach resident spot,- rding P . i . Adam Wood spoke in opposition of Items 33 and 311; Catherine Green candidate for ACWA Vice President spc regarding item 31. Cynthia with Rise Up Willowick Coalition spoke regarding Item 16. Karen de Silvia with Rise Up Willowick Coalition spoke on Item 16 and encouraged decision to preserve Willowick as park land. Victor Mendez spoke on vaccination rates, in regards to Police Office Association matter encouraged council to address, and spoke on Item 34. Craig Preston, with the Orange County Chapter of Citizens' Climate Lobby, spoke in support of a climate emergency being declared, Item 33; and thanked council for their leadership and Congressman Louis Correa support at the federal level. City Council 75- 5 12fgT/2021 Daisy Cruz, on behalf of the Kennedy Commission, spoke on Item 35 in support of affordable housing for families. Patricia Flores, Director of OC environmental Justice, spoke on the importance of supporting of Item 33. Senait Forthal spoke in support of Item 33. Lynda Kraemer, chapter co-chair of Climate Reality OC, spoke in support of Item 33. Thanked Councilmember Lopez for writing resolution. Mayor Sarmiento moved to reconsider Item 26 considered on the August 17, 2021. Seconded by Councilmember Mendoza. 7-0 Passed. ICON! NT CALENDAR RECOMMENDED . "TION: ovP staff recommendations on the following L" ale ems: 6 through 29. 6. Excused Absences Department(s): Clerk of the juncil Offices 7 E:a 061 Recommended Action: Excuse Minutes from the Special Meeting Department(s): Clerk of the Cour Recommended Action: Approve minutes. Minutes from the Regular and Housing Authority Meet s of June 1, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. Minutes from the Adjourned Meeting of June 3, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Second Reading and Adoption of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services Continued from the August 17, 2021 City Council meeting. City Council 76- 6 12E'I/2021 Department(s): Finance and Management Services Recommended Action: Place Ordinance on second reading and adopt. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE DISCRETIONARY ALLOCATIONS BETWEEN YOUTH SERVICES AND ENFORCEMENT SERVICES FROM THE CANNABIS FUND Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to Adopt staff recommended item.. YES: 3 — Bacerra, Mendoza, Penaloza NO: 4 — Hernandez, — Lor z, — Phan, — Sarmiento ABSTAIN: 0 ABSENT:0 Status: 3 — 4 — 0 — Fail Moved by C, icilmembe)en4Phan, z, seconded by Mayor Sarmiento to Amend . YES: 6 — Hernana, Penaloza, Sarmiento NO: 1 — Bacerra ABSTAIN: 0 ABSENT:0 Status: 6— 1 —0-0— Pass MINUTES: Council discussion en d aV,,,wers;PgauCidregarding to staff. City Attorney Sonia Carvalho provided . ordinance. This consent Item - Ordinance No. NS-300b was a, 11. Appoint Steve Gallegos Nominated by Mayor Pro TF Penaloza as the Ward 2 Representative to the Arts and Culture Commission 1,- a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint Steve Gallegos to the Arts and Culture Commission representing Ward 2. 12. Appoint Leonel Flores Nominated by Councilmember Mendoza as the Ward 6 Representative to the Arts and Culture Commission for a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Leonel Flores to the Arts and Culture Commission representing Ward 6. City Council 77— 7 12f'I/2021 MINUTES: Leonel Flores was appointed to Arts and Culture Commission. 13. Receive and File Boards and Commissions Biannual Attendance Report for January through June 2021 Department(s): Clerk of the Council Office Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report or provide direction to staff. MINUTES: Council discussion ensued and provided direction to staff. Received and filed. 14. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for PLC' 'ic Works Authorized by the City Manager as Permitted by Charter Section 421 Continued from the gust 17, Department finance and Recommend L Nction: Re( and non-COVID valued at up to $50, c $250,000 for public works cor agreements related to COVA 15. Quarterly Report for Housing Divi 2021 - June 2021 1 City Council meeting. ement Services and file Quarterly Report of Contracts (COVID-19 �WAo between April 1, 2021 to June 30, 2021, �ks contracts and agreements, up to an areements and all other contracts and Continued from the August 17, 2021 Department(s): Community Development Ag Recommended Action: Receive and file the Qu Projects and Activities for the period of April 2021 ActivitiP,-- for the Period of April e 2021. for Housing Division MINUTES: Community Development Housing Division Manager Judson Brown addressed council regarding projects and activities. Council discussion ensued and provided direction to staff. Received and filed. 16. Willowick Golf Course Update Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Receive and file the Willowick Golf Course update. City Council 78- 8 12EVI/2021 MINUTES: Council discussion ensued and provided direction to staff. Received and filed. 17. Receive and File Permit Parking Program Evaluation Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: Receive and File Permit Parking Program Evaluation. MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Council discussion ensued and provided direction to staff. Received and filed. 18. Award a Contract tr aterline nologies Inc., in an Amount not to Exceed $825,000 for up' , Four-year for Water Treatment Chemicals (Specification 21-072) (Gen, , and Non en Fund) Department(s). -irks, Rec n, and Community Services and Public Works Agency Recommended Action: Awa—lcontrVt to Waterline Technologies Inc., for water treatment chemicals, in the,- junt of $2 for an initial term through August 31, 2022, with provisions for three one-yP�r renew7lVeriods, for annual amounts of $200,000 and a total contract amoi . ui , ' ,0 exercisahle by the City Manager and City Attorney, subject to non-s�tantiv ge by the City Manager and City Attorney. 19. Approve an Appropriation Adjustment Accepting range (' , Transportation Authority M2 Comprehensive Arterial Capacity-nhancF ;nt and Intersection Capacity Enhancement Grant Funds in the Amount r' 5,747,645 and Approve an Amendment to the Fiscal Year 2021-22 Capital Impi 'ement Program (Project Nos. 15-6827, 17-6883, 18-6901) (Non -General Fund) Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-024) recognizing $15,747,645 in Measure M2 Arterial Capacity Enhancement (ACE) and Intersection Capacity Enhancement (ICE) grant funds into the Measure M-Street Construction Fund, Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program City Council 79- 9 12MY/2021 (CIP) to add: $1,012,500 in Measure M2 Competitive ICE funding for the construction phase of the Bristol Street/Memory Lane Intersection Improvements project (17-6883); $5,658,840 in Measure M2 Competitive ICE funding to the Fairview Bridge and Street Improvements from 9th Street to 16th Street project (15-6827) for the right-of- way and construction phases; and $9,076,305 in Measure M2 Competitive ACE funding for the construction phase of the Warner Avenue Improvements from Oak Street to Grand Avenue project (18-6901). MINUTES: Executive Director of Public Works Agency Nabil Saba and Principal Civil Engineer Jason Gabriel addressed council regarding Bristol Street widening. Council discussion ensued and provided direction to staff. Moved by Mayor Sarmiento, seconded by Mayor Pro Tern Penaloza to Approve Appropriation Adjustment. YES: 6 — Bacerra, HF .hde7l NO: 1 — Lopez ABSTAIN: 0 ABSENT:0 Status: 6 — 1 — 0 — Pas 20. Approve Appropriation r,ujustr Prevention Program Funds Department(s): Communit Recommended Action: App ndoza, Phan, Penaloza, Sarmiento recognizing $3,981,386 in funds fro. Services and Housing Agency in revehE to expenditure account to address home five affirmative votes) nize Homeless Housing, Assistance and (2022-027) ;iness, Consumer Me the same amount anta Ana. (Requires 21. Approve an Amendment to Illumination Foundation / eement to Operate a Temporary Shelter at the Fullerton Recuperative Cart- ,enter for up to Four Months (Non -General Fund) Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Illumination Foundation to continue to operate a temporary shelter at the Fullerton Recuperative Care Center for an additional four months through January 31, 2022 for an additional amount of $600,000, for a total aggregate amount not to exceed $2,100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to City Council 71-010 12fRI/2021 Amend. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Council discussion ensued and provided direction to staff. This consent Item - Agreement No. 2021-174 was approved. 22. Approve a Three -Year Operational Agreement with Two, Two -Year Renewal Options with Illumination Foundation to Operate a 200-Bed Year Round Homeless Navigation Center at 1815 Carnegie F -enue in Santa Ana in an Amount Not to Exceed $10,893,885 for Three " .. ind Start -Up Costs Not to Exceed $75,000, for a Total Amount Not to Exce ,10,9 5 (Non -General Fund) Department(s • munity De pment Agency Recommenu , Action: 1. A rize the City Manager to execute a three-year operator agreen. I with tw -ye r renewal options with Illumination Foundation to operate a 200- k,, rnd^.Iess Navigation Center at 1815 Carnegie Avenue in Santa Ana for $3,57erational costs per year with an annual CPI adjustment of 1.5 percent an ot-to-excPPd amount of $75,000 in one-time start-up costs, for a total not-to-excel(amount of -8,885 over three years, subject to non -substantive changes approved City pager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to exe futur ing agreements required by state or federal agencies for the use o AP, , � ESG and any/all other funds available (Agreement No. 2021-XXv MINUTES: Councilmember Phan recused herself f Item 22. This consent Item - Agreement No. 2021-175 was approved. This consent Item - Agreement No. 2021-176 was approved. 23. Approve Amendments to Agreements for On -call Space Planning and Architectural Services with IDS Group, West Group Designs, Gensler, Corgan, SVA Architects Inc., Black O'Dowd and Associates Inc., Gruen Associates, Gillis & Panichapan Architects Inc., CAP Architecture, and Ware Malcomb to Increase the Shared Agreement Amount by $1,000,000, for a Total Amount not to Exceed $1,300,000 Annually Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreement amendments for on -call space planning and architectural services with IDS Group, West Group Designs, Gensler, Corgan, SVA Architects Inc., Black O'Dowd and City Council 71411 12fRI/2021 Associates Inc., Gruen Associates, Gillis & Panichapan Architects Inc., CAP Architecture, and Ware Malcomb, to increase the shared agreement amount by $1,000,000, for a total agreement amount not to exceed $1,300,000 annually, subject to non -substantive changes as approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-177 was approved. 24. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, Inc. DBA Futura Net, for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a Site License Agreement with Pacific C t Shuttles, Inc., DBA Futura Net, to compensate the City $1,500 per month for t of one bus bay for bus passenger services at the Santa Ana Regional ,ispo n Center, for a six-month term beginning September 8, 2021, and endir March 7, 2 with the option to renew of four separate, consecutive, ar' anal one-year ewal periods, exercisable by the City Manager, subject to no, ibstantive cha approved by the City Manager and City Attorney (Agreement No. 1-XXX). 2. Authorize the Cit gar to F a Site Lease Agreement with Pacific Coast Shuttles, Inc., DBA Futura Net. ' ,ompate the City $1,500 per month for ticket counter office space for bus , senger te Santa Ana Regional Transportation Center, for a oix-month ter;,n ng September 8, 2021, and ending March 7, 2022, with the option off secutive, additional one-year renewal periods, exercisable by th ity �n-substantive changes approved by the City Manager and grnt No. 2021-XXX). 3. Approve an Appropriation Adjustment-0 eco Fiscal Year 2021-22 lease income in the amount of $18,000 into th lic W , , ;ency — SARTC Operations, Rental Pacific Coast Shuttle reve e acco- and appropriating the same amount to the Public Works Agency-SARTC Operati 6, Contract Services - Professional expenditure account. (Requires five ate. lative votes) MINUTES: This consent Item - Agreement No. 2021-178 was approved. This consent Item - Agreement No. 2021-179 was approved. 25. Approve an Agreement with Seaside Ice, LLC, dba Ice -America, in an Amount Not to Exceed $875,204, for a Seasonal Ice Rink and Related Services (Revive Santa Ana Program) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice -America, for the installation and operation of a seasonal, portable ice rink and related services, in an amount not to exceed $875,204, which City Council 71-212 12fRI/2021 includes the base amount of $795,640 plus a contingency of $79,564, for a six-month term beginning September 7, 2021, and expiring March 6, 2022, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Council provided input to city staff. This consent Item - Agreement No. 2021-180 was approved. 26. Approve an Appropriation Adjustment and Amend Agreement with Landscape West Management Services, Inc., to Increase the Annual Contract Amount by $1,000,000 for Right -of -Way Maintenance Services and Add Two Maintenance Worker Positions to the Public Works Agency at an Estimated Annual Cost of $260,000 (Revive Santa Ana Program) Department(s): Public s Agency Recommended A : 1. +horize the City Manager to execute an amendment to the agreement Landscap est Management Services, Inc., for increased cleaning and s- _.zing of the Ci public right-of-way, increasing the compensation amount for R, i Year 2021-2 y by $1,000,000, for a total annual amount not to exceed $2,270x ' and a to reement amount not to exceed $6,080,000 for the remaining term of ti . - nt, on June 30, 2023, with an option for a two- year extension exercisaue by t ager, subject to non -substantive changes approved by the City Managg 2. Authorize an adjustment to the in the amount of $1,800,000 and aI moving funding from Reserve for R Prevention Project. (Requires five 3 Amend the City's Fiscal Year 2021 ,Unmey (Agreement No. 2021-XXX). Maintenance Worker II positions to the Public cost of $260,000, for a five-year period. ae Plan Act (ARPA) spending plan priation adjustment (2022-030), xi& o Sanitation & dget 0 Ager ad two limited -term , G an estimated annual MINUTES: This consent Item - Agreement No. 2, 1-181 was approved. 27. Approve Payment of Increase in Initial General Liability Excess Insurance Premiums to Independent Cities Risk Management Authority ("ICRMA") for Fiscal Year 2021-22 (Non -General Fund) Department(s): Human Resources Recommended Action: Authorize increase of payment of $175,467 for the City's General Liability excess insurance premiums. 28. Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Program and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court City Council 71-313 12f'I/2021 Department(s): Planning and Building Agency Recommended Action: Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Santa Ana's licensed retail adult -use cannabis program and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. 29. Adopt a Resolution Amending Resolution No. 2019-111 to Effect Certain Changes to the City's Master Salary Schedule in Conformance with Title 2 of the California Code of Regulations Section 570.5 and the California Public Employees' Retirement System (CaIPERS) Department(s): Human Resources Recommended Action - Resolution No. 2019- Schedule for all rer , n of Santa Ana, cr ed by conform with of the employee pa son a adopted by City ITO cil. W ution No. 2021-XXX — Adopt a Resolution Amending jt certain changes to the City's Master Salary represented employee classifications of the City Classification and Compensation Plan, to Code of Regulations Section 570.5, listing all vailable master salary schedule approved and MINUTES: This consent Iter ,?esot ,don No. 2021-047 was approved. Moved by Councilmember Bacr second. � Councilmember Lopez to Approve Consent Calendar items 6-29 with the a tion o ' 0, 13, 15, 16, 17, 19 and 21; Councilmember Phan recused herself 2 YES: 7 — Bacerra, Hernandez, Lopez, Mena, , Pe Sar ' nto NO: 0 ABSTAIN: 0 ABSENT: 1 — Araiza Status: 7-0-0— 1 — Pass **END OF CONSENT CALENDAR** OATH OF OFFICE • Steve Gallegos — Arts and Culture Commission, Ward 2 • Leonel Flores — Arts and Culture Commission, Ward 6 MINUTES: Steve Gallegos not present. I BUSINESS CALENDAR City Council 71414 12E'I/2021 30. Resolution Supporting the Orange County Veterans Cemetery in Anaheim Hills Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX —At the request of Mayor Sarmiento, consider adopting a resolution supporting the Orange County Veterans Cemetery in Anaheim Hills and encouraging federal, state, and local government support for this much -needed project. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7 — 0 — i — Pass MINUTES: 1 onsent Item Resolution No. 2021-048 was approved. 31. Resolution to S Oranr ,oun Water District First Vice President Cathy Green as a Candidate for �::jFwce President Department(s): City Manage,e Recommended Action: Resolution No. Sarmiento, consider adopting a re First Vice President Cathy Green ca Association of California Water Age. ' MINUTES: Council discussion ensued. XX — At the request of Mayor en e Orange County Water District or ' ' ent of the Councilmember Phan Recused herself from Item 31 ,t of an abunance of caution. This consent Item - Resolution No. 2021-049 was approved. Moved by Mayor Sarmiento, seconded by Councilmember Bacerra to Approve. YES: 5 — Bacerra, Hernandez, Lopez, Mendoza, Sarmiento NO: 1 — Penaloza ABSTAIN: 1 — Phan ABSENT:0 Status: 5-1 —1 —0—Pass City Council 71-515 12E'I/2021 32. Agreement with Bear Demographics and Research for Demographic Services and Public Participation Services Related to the 2021 Redistricting Process (General Fund) Department(s): Clerk of the Council Office Recommended Action: Authorize the City Manager to execute an agreement with Bear Demographics and Research for consulting services, demographics analysis of census data, drawing of draft maps of proposed ward boundaries, public outreach, and interactive web tools related to the City's 2021 Redistricting Process for a one- year term expiring September 6, 2022 in an amount not to exceed $100,000, which includes the base amount of $71,500 and a contingency amount of $28,500 for additional unforeseen services at the City's sole discretion, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). MINUTES: Andrew"' Mall v, Bear Demographics and Research provided a brief presentation. Council disc. on ensued anr' ovided input to staff. r This consent Iten. - ,ent . 2021-182 was approved. Moved by Councilmember B ,-conded by Councilmember Phan to Amend. r YES: 7 — Bacerra, Hernandez, LopF NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass ",ndoz 0 han, Penaloza, Sarmiento A 33. Resolution Declaring a Climate Emergency, Commit', to Policies Opposing Fossil Fuel Expansion and Accelerating the Clean Energy sition as Part of the Safe Cities Movement, Committing to Policies that will Re,_ 3e Both New and Existing Lead Contamination, and Endorsing the Call for a Global Fossil Fuel Non - Proliferation Treaty Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX — At the request of members of the City Council, adopt a resolution declaring a climate emergency, committing to policies opposing fossil fuel expansion and accelerating the clean energy transition as part of the Safe Cities Movement, committing to policies that will reduce both new and existing lead contamination, and endorsing the call for a global fossil fuel non- proliferation treaty. MINUTES: Management Assistant Daniel Soto provided a brief presentation. City Council 71-616 12E'I/2021 Council discussion ensued and provided direction to staff. This consent Item - Resolution No. 2021-050 was approved. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Hernandez to Approve. YES: 6 - Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 1 - Bacerra ABSTAIN: 0 ABSENT:0 Status: 6 - 1 - 0 - 0 - Pass 34. Informational Report Relating to Police Oversight Department(s): City Ma �r Office Recommended Ac' r ACCL informational report and provide direction to staff MINUTES: M- gement Assist t Daniel Soto provided a brief presentation. Council provideL ",ection tr y staff, at the discretion of the Mayor, appoint an ad hoc committee to L. spe, : characteristics of the police oversight mechanism. In addition, uirecter' ��, . �eturn with additional information including a perspective from law enforr ant provided to the full council. Councilmember Bacerra expressed ;`-rest A erving. 35. Summary of City Council Policy Dir Dior ei Ion Jule '16, 2021, and the Corresponding Proposed Amend s to t si unity Ordinance Department(s): Planning and Building y Recommended Action: Receive staff presen+ .,n and c �ry of the City Council policy direction received on July 26, 2021, anca provide action regarding the proposed amendments to the Housing Opportunity C oance. MINUTES: Assistant Director of Planning and Building Alvaro Nunez provided a brief presentation. Council provided direction to City staff. 36. Resolution Establishing the School Collaboration City Council Subcommittee Department(s): City Manager Office Recommended Action: Rescolution No. 2021-XXX - Receive direction from the School Collaboration Ad Hoc Committee and consider adopting a resolution establishing the School Collaboration City Council Subcommittee. MINUTES: City Manager Kristine Ridge provided a brief presentation. City Council 71-717 12fFT/2021 37 Council discussion ensued and provided direction to City staff. This consent Item - Resolution No. 2021-051 was approved. Moved by Councilmember Phan, seconded by Councilmember Hernandez to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **EN' 'IF BUSINESS CALENDAR** Hold a Public ing to Adopt solution of Necessity Determining Public Interest and Necessii the Acquisiti Real Property Located at 1313 W. Memory Lane (Property Ownel im Pacifi stors Portofino, LLC) (Project No. 17-6883) (Non - General Fund) Notice of Hearing letter regard cqui on of real property by eminent domain mailed to property owners o, ily 22, 204L Continued from the August 17, Department(s): Public Works Recommended Action: Resc necessity authorizing the condE 1313 W. Memory Lane (APN 0 LLC, declaring the public nece, votes) >olution of rty located at ,estors Portofino, ve affirmative MINUTES: Mayor Sarmiento opened the public hearing on Wednesday, September 8, 2021 at 12:34 a.m. and seeing there were no speakers, closed the public hearing at 12:35 a.m. This consent Item - Resolution No. 2021-052 was approved. Moved by Councilmember Phan, seconded by Councilmember Hernandez to Approve. YES: 6 — Bacerra, Hernandez, Mendoza, Phan, Penaloza, Sarmiento NO: 1 — Lopez ABSTAIN: 0 ABSENT:0 Status: 6 — 1 —0-0— Pass City Council 71-818 12E'I/2021 CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge recognized winners of the Woman of the Year Award 2021 from the City. Announced the Clty Housing Authority is a certified high performing housing authority and OC Streetcar Team Open House. COUNCIL COMMENTS MINUTES: Councilmember Bacerra expressed condolences for Peter Katz and Claudia Gonzalez, stated office hours, and wished everyone good night/morning. Councilmember Hernandez reminded all that COVID-19 unemployment benefits are ending and increased risk of homelessness, hope rent stabilization will be discussed, and expressed condolences for Pet, 'etz. Councilmember Lopez wi, iose wt,.-elebrate a Happy Rosh Hashanah, and announced support for ' , y's Kitchen d asked for community support. Councilmember Met, 7a thanked C, ►cil for supporting Veteran's Cemetery resolution, showed support for Ca,. Green, ,uncpd a successful Grandparents Day hosted by the City and successful Chid ' ' ge Mr , r thanked all sponsors and everyone for staying for the current meeting and wic' a,, good night. Councilmember Phan remined al' , remember — terans, Afghan refugees, and all affected by the 20 year war. Shared positivF :-+Practio, with Peter Katz and hope all remember everything impacted by him it e L. ,mur Mayor Pro Tem Penaloza wished City staff . --' s early , v birthday. Announced election of District 1 representative to the Leag, of Cal " ,iia L'";F -)C Division Board and expressed condolences for Peter Katz and share" .)sitive ir -Ictions with him. Mayor Sarmiento shared interactions with Peter Katz and P -)unced adjournment of meeting in memory of Peter Katz. Expressed concern for -)VID-19 precautions and the importance of being vaccinated after losing his nephew to, ; virus. ADJOURNMENT - Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Peter Katz. MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, September 8, 2021 at 12:56 a.m. HOUSING AUTHORITY CALL TO ORDER City Council 71Q 19 12fFT/2021 ATTENDANCE Authority Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Vice Chair David Penaloza Chair Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez MINUTES: Chair Sarmiento .,eca i Housing Authority meeting to order on Wednesday, September 8, 2021 at 12:' .i.m. Clerk of the Council ducted roll cal 11 Authority Members were present. PUBLIC COMMENT, Members public may address Housing Authority on items on the Housing Authority agt. MINUTES: No public comments on Jing,'%thority items. 1W CONSEr'— �ALENL `R r RECOMMENDED ACTION: Appro%, tall mme itior►.6 on the following Consent Calend- s: 1, j �. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse absent members. 2. Minutes from the Housing Authority Meeting of June 1, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda item #8 in the City Council meeting agenda) Moved by Councilmember Mendoza, seconded by Councilmember Hernandez to Approve. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor City Council 72-020 12fRI/2021 NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7 —0 —0-0— Pass **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting on Wedne- ,v, September 8, 2021 at 12:37 a.m. City Council 72421 12E'I/2021 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California `ay 1 September 21, 2021 SPECIAL CLOSED SESSION MEETING - 4:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4:12 p.m. Clerk of the Council conducted roll call. All councilmembers were present. Councilmember Phan joined the Open Regular Session meeting at 4:25 p.m. City Council 8-1 19/21/2021 PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: Tim Johnson requested a status update on Items 3C - 3E. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, City Attorney and City Manager 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency designated representative: Human Resources Director Unrepresented employee: Clerk of the Council, City Attorney and City Manager 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Timothy Espinoza v City of Santa Ana, et al., United States District Court, Case No. 8:19-CV-01277-J LS-AG R B. Saul Miranda v City of Santa Ana, et al., United States District Court, Case No. 8:21- CV-00007-JVS-DFM C. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) D. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) E. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Council recessed meeting to consider items listed on the Special Closed Session for discussion at 4:16 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council 9-2 12/21/2021 MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 6:29 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:33 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. Mayor Sarmiento announced that item 33 will be taken out of order. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Mendoza led the pledge of allegiance. INVOCATION David Jaimes CEREMONIAL PRESENTATIONS 1. Proclamation presented by Councilmember Lopez declaring October 3rd through October 9th, 2021 as Fire Prevention Week. 2. Certificate of Recognition presented by Councilmember Mendoza to Cecilia Aguinaga for Outstanding Contributions to the Community. MINUTES: Item 2 has been moved to the October 19, 2021 council meeting. 3. Proclamation presented by Councilmember Phan declaring September 21st, 2021 as Tet Trung Thu (Vietnamese Mid -Autumn Festival). STAFF PRESENTATIONS 4. COVID-19 Update in the Community. MINUTES: Management Assistant Daniel Soto provided a brief presentation. 5. City of Santa Ana -Orange County Water District PFAS Presentation — Public Works Agency MINUTES: Executive Director of Public Works Agency Nabil Saba and General Manger from Orange County Water District Michael Markus provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. City Council 8-3 19/21/2021 PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. Non -Agenda Ecomment MINUTES: Silvia and Ramiro Flores spoke regarding delays for a response from the Planning and Building Agency. Clay Hage, representing Park Management Inc., spoke in opposition to Rent Control and Just Cause Eviction, Item 33. Norm Sorensen spoke in opposition to Item 33. Susie Winocur spoke in opposition to Item 33. Sal Ortiz spoke in opposition to Item 33. William Stauffer spoke in opposition to Item 33. John Raya, founder of TKO Boxing, spoke in support of Item 23. Mary Lara spoke in support of Item 23. Victor Cao, Senior Vice President, Local Public Affairs at California Apartment Association, spoke in opposition to Item 33. Julie Paule spoke in opposition to Item 33. James Joffe spoke in opposition to Item 33. Richard Julian spoke in opposition to Item 33. Vicki Talley spoke in opposition to Item 33. Camille Hardy spoke in opposition to Item 33. Jeannie Hughes -Lopez, Regional Director at Advanced Management Company, spoke in opposition to Item 33. Amy Fylling, Regional Director at Advanced Management Company, spoke in opposition to Item 33. Dale Helvig expressed concern with the process of Item 33. Ugochi Nicholson spoke in support of Item 33. City Council 4-4 19/21 /2021 Greg 0-Hagan, representing Rutherford Investments, spoke in opposition to Item 33. Chad Kroger spoke regarding "shmalls" and sending it to Catalina Island. JT Parr spoke regarding "shmalls" tax breaks. Steven Corona, Regional Director of Advanced Management Company, spoke in opposition to Item 33. Michael Brown spoke in opposition to Item 33. Eva Raleigh spoke in opposition to Item 33. Cecilia Rivas spoke in support of Item 33. Joe Banuelos spoke in opposition to Item 33. Chip Alsweed spoke in opposition to Item 33. Item 8 taken at this time to consider the appointment of Manuel Ruelas as the Ward 6 Representative to the Youth Commission. Chad Casenhiser spoke in opposition to Item 33. David Jaimes spoke in support of Item 33. Bulmaro Vicente spoke in support of Item 33. Hector B. spoke in support of Item 33. Nathaniel Greensides spoke in support of Item 33. Biff Baker, representing Orange County Congregation Community Organization (OCCCO), spoke in support of Item 29 to be extended to February and in support of Item 33. Maria Estela Valencia spoke on Item 29, request to extend process and spoke in support on Item 33. Veronica Garcia spoke in support of Item 33. City Council 8-5 19/21/2021 Vanessa Gonzales spoke in support of Item 33. Irma Jauregui spoke in opposition to Item 33 and the importance of finding solutions to increase income. Fatima Paque representative with OCCCO spoke in support of Item 33. Yoselinda Mendoza spoke in support of Item 33. Cao Tran spoke in support of Item 33. Isabel Lopez spoke in support of Item 33. Cao Tran spoke in support of Item 33. Le Hoong spoke in support of Item 33. Isabel Lopez spoke in support of Item 33 Huong Luong spoke in support of Item 33 Phuc Mai spoke in support of Item 33. Hung Phung and Linda Nguyen spoke in support of Item 33. Nguyen Cong and Nga Le spoke in support of Item 33. Kim Lan spoke in support of Item 33 Mai Nguyen and Hoa Tran spoke in support of Item 33. Susan Tran spoke in support of Item 33 Kayleigh Levitt spoke in support of Item 33. Eric Gonzales spoke in support of Item 33. Ardocia Sa/as spoke in support of Item 33. Victor Mendez provided suggestions regarding Items 9, 30, 31 and in support of Item 33. Christine Chachter, Pacific West Association Realtors, spoke in opposition of Item 33. Alondra Salazar spoke in support in support of Item 33 City Council 6-6 19/21/2021 Tim Shaw, representing PWR, spoke in opposition to Item 33. Sarai Arpero spoke in support of Item 33. Joshua Gonzalez spoke in support of Item 33. Alejandra Luciano spoke in support of Item 33. Olivia Arzate spoke regarding an incident that occurred a month ago and requested assistance. Maria Ceja spoke in support of Item 33. Daisy Cruz spoke in support of Item 33. David Gonzales spoke in support of Item 33. Angela Tulio spoke in support of Item 33. David Carbajal spoke in support of Item 33. Valeria Esqueda spoke in support of Item 33. Elsa Ayala spoke in support of Item 33. Tracy Long spoke in support of Item 33. Esperanza Corona de Rosas spoke in support of Item 33. Silvia Avendano, tenant counselor, spoke in support of Item 33. Gema Suarez, Community Organizing Coordinator with El Central Cultural de Mexico, spoke in support of Item 33. Sergio Corona spoke in support of Item 33. Jose Hernandez spoke in support of Item 33. Rosa M. Pizano spoke in support of Item 33. Cesar Medina spoke in support of Item 33. Jesus Santana spoke on Item 33. City Council 9-7 19/21/2021 Mireya spoke in support of Item 33. Natalie Ceja spoke in support of Item 33. Silvia Hernandez spoke in support of Item 33. Lola Gonzales spoke in support of Item 33. Manuel Escamilla spoke in support of Item 33. Ethan Gonzales spoke in support of Item 33. Bob Holt -Claw spoke regarding Transportation Corridor Agency and requested that Santa Ana not be a representative. Adam Wood spoke in opposition of Item 33. Izuri Ramos spoke in support of Item 33. Media Arts Santa Ana made announcements regarding Santa Ana Arts Programs and spoke in support of Item 33. Nathan Taft spoke in support of Item 33. Kevin Dare spoke in opposition to Item 33. Cynthia spoke in support of Item 33. Vanessa T. spoke in opposition of Item 33. Benjamin Vasquez, representing El Centro Cultural de Mexico and a teacher at Valley High School, spoke in support of Item 33. Bryan J. Peraza spoke in support of Item 33. Karla Juarez spoke in support of Item 33. Luis Sarmiento, representing THRIVE Santa Ana, spoke in support of Item 33. Anabel Parra, tenant counselor, spoke in support of Item 33. Dylan Thompson spoke in support of Item 33. Kim To spoke in support of Item 33. City Council 8-8 19/21/2021 Clerk of the Council Daisy Gomez reported out on correspondence received. Item 33 was taken out of order and heard at this time, after public comments. Consent Calendar items were heard after Item 33. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 28. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of June 15, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Appoint Manuel Ruelas Nominated by Councilmember Mendoza as the Ward 6 Representative to the Youth Commission for a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Manuel Ruelas to the Youth Commission representing Ward 6 and administer Oath of Office. MINUTES: Item 8 considered out of order during public comments. Clerk of the Council Daisy Gomez administered the oath of office to Manuel Ruelas, Youth Commissioner. Moved by Councilmember Phan, seconded by Councilmember Bacerra to appoint. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 City Council 8-9 19/21/2021 Status: 7-0-0-0— Pass 9. Pension Debt Refinancing Update Department(s): Finance and Management Services Recommended Action: Receive and file. 10. Receive and File Certification of Approval by City Engineer of Final Tract Map 2017- 03 (905 East Second Street; 910, 927, 928, 1000 East Third Street; and 1026 East Fourth Street) (Applicant and Owner: KB Coastal Home Coastal, Inc) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Tract Map 2017-03. MINUTES: Councilmember Phan recused herself from Item 10 due to a conflict of interest with employer. 11. Award Contracts for Fencing Construction, Maintenance and Repairs in the Aggregate Annual Amount of $150,000 for a One-year Term with Three, One-year Renewal Options (Specification No. 21-083) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Award purchase order contracts with Econo Fence, Hillsborough Fence, and J & A Fence for fencing construction, maintenance, and repairs for a one- year period from October 1, 2021 to September 30, 2022, with provisions for three, one-year renewals exercisable by the City Manager, in an aggregate annual amount not to exceed $150,000 (total not to exceed $600,000 over four years), subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Construction Contract to Build Spectrum, Inc. in the Amount of $1,408,575, for the Campesino Park, Memorial Park, and Madison Park Restrooms Fiscal Year 2021-22 Projects, with an Estimated Project Delivery Cost of $1,640,000, and Amend the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 21-7533, 21- 7534, 21-7535) (Non -General Fund) (Revive Santa Ana Program) Continued from the September 21, 2021 and October 5, 2021 City Council Meetings. Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: 1. Award a construction contract to Build Spectrum, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,408,575, for construction of the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City City Council 80- 10 12/21/2021 Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,640,000, which includes $1,408,575 for the construction contract, $91,072 for contract administration, inspection and testing, and a $140,353 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to add the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the total amount of $1,731,072, which includes $1,640,000 in construction funds and an additional $91,072 for preliminary design engineering. MINUTES: Item 12 was continued to the October 5, 2021 City Council meeting under the Business Calendar. 13. Amend Purchase Order Contract with Hardy & Harper, Inc. to Increase the Annual Amount by $450,000 for Asphalt Street Maintenance (Specification No. 18-084) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the Purchase Order Contract with Hardy & Harper, Inc. for asphalt street maintenance to increase the annual amount by $450,000, for a total annual amount not to exceed $1,440,000, for the remaining term of the agreement ending on December 3, 2021, plus two optional renewal options exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Award a Contract to American Sanitary Supply, Inc. for Paper Products in an Amount Not to Exceed $420,000 Over a Four -Year Period (Specification No. 21-043) (General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract to American Sanitary Supply, Inc. for paper products and janitorial supplies for the Santa Ana Jail in an annual amount not to exceed $105,000, for a one-year period expiring September 30, 2022, with provisions for three, one-year renewal periods exercisable by the City Manager, for a total four-year contract amount of $420,000, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Award a Contract with Ocean Blue Environmental Services, Inc. in an Annual Amount Not to Exceed $90,000 for up to a Five -Year Term (Specification No. 21-085) (General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract with Ocean Blue Environmental Services, Inc., for bio-hazard crime scene cleanup and jail decontamination services for a two-year period expiring September 20, 2023, with provisions for three one-year renewal options exercisable by the City Manager, in an City Council 81- 11 12/21/2021 annual not to exceed amount of $90,000, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award Contract with Motorola Solutions, Inc. for Motorola 800 MHz Communications System Equipment in the Amount of $224,846 (Specification No. 21-092) (General and Non -General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract with Motorola Solutions, Inc. for Motorola 800 MHZ communications system equipment for a one-year period expiring September 20, 2022, in the amount $200,000 for the Police Department and $24,846 for the Planning and Building Agency, for a total amount not to exceed $224,846, subject to non -substantive changes approved by the City Manager and City Attorney. 17. Approve Amendment to Agreement with NaphCare, Inc. to Provide Inmate Medical Services for the Santa Ana Jail in the Amount of $2,854,746.87 (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a one-year agreement amendment with NaphCare, Inc. to provide basic and emergency inmate health care services for the Santa Ana Jail for the period of October 1, 2021 through September 30, 2022 in the amount of $2,854,746.87, including a $200,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-184 was approved. 18. Reconsideration of 8/17/2021 Approved Agenda Item: Agreement with Barrios and Associates, LLC, DBA Communications Lab, for "Ready OC" Emergency Preparedness and "If You See Something, Say Something" Public Awareness Campaigns Continued from the September 21, 2021 City Council Meeting. Department(s): Police Department Recommended Action: Authorize the City Manager to enter into an agreement with Barrios & Associates, LLC, dba Communications LAB. for the period of September 21, 2021 through June 30, 2024, with two one-year options for renewal, to continue the Ready OC Emergency Preparedness Campaign and the "If You See Something, Say SomethingTM" Public Awareness Campaign, for a total five-year amount not to exceed $1,150,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Item 18 was continued to the October 5, 2021 City Council meeting under the Business Calendar. 19. Approve an Appropriation Adjustment to Recognize and Appropriate Grant Revenue City Council 82-12 12/21/2021 from the Shuttered Venue Operators Grant Program (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Approve an appropriation adjustment (2022-031) to recognize $689,120.19 in grant revenue from the Small Business Administration, Shuttered Venue Operators Grant Program and appropriate $689,120.19 into the corresponding expenditure accounts (Miscellaneous Grants Fund) for losses the Santa Ana Zoo at Prentice Park incurred during the COVID-19 pandemic. (Requires five affirmative votes) 20. Approve an Appropriation Adjustment and Award a Construction Contract to CEM Construction in the Amount of $2,776,406 for the Raitt and Myrtle Park Fiscal Year 2021-22 Project with an Estimated Project Delivery Cost of $3,410,928 (Project Nos. 16-7566, 20-2730 & 22-6621) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $114,023.44 in construction funding from the Cannabis Public Benefit Funds, for the Raitt and Myrtle Park Project. 2. Approve an appropriation adjustment (2022-035) to recognize $1,670,000 in Proposition 1 Integrated Regional Water Management (IRWM) grant funding from the State of California Department of Water Resources into the Public Works -Water Quality & Control, State Grant -Direct revenue account and appropriate the same amount into the Prop 1 IRWM Program, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,670,000 in construction funding from the Proposition 1 IRWM grant funds for the Raitt and Myrtle Park Project. 4. Authorize the City Manager to execute a Proposition 1 IRWM Grant Funding Agreement with the Santa Ana Watershed Project Authority (SAWPA) beginning September 21, 2021, and expiring three years after final payment, exercisable by the City Manager and City Attorney, for a total disbursement amount not to exceed $1,670,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 5. Reject Bid Protest and award a construction contract to CEM Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $2,776,406, for construction of the Raitt and Myrtle Park FY 2021-22 Project, for the term beginning October 11, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,410,928, which includes $2,776,406 for the construction contract, $277,640 for contract administration, inspection and testing, $45,000 Grant Administration & City Council 83- 13 12/21/2021 Consultant Services, and a $311,882 project contingency for unanticipated or unforeseen work. MINUTES: This consent Item - Agreement No. 2021-185 was approved. 21. Approve Appropriation Adjustments and Amendments to the FY 2021-22 Capital Improvement Program to Increase Project Contingencies and Construction Funding for the South Main Street Corridor Improvements Project, and an Amendment to the Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by $200,000 and the Agreement Contingency by $100,000, for a Total Amount not to Exceed $1,236,924 (Project Nos. 18-6911, 20-6958, 21-6451, 21-6461) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-033) to recognize $275,000 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment (2022-033) to recognize $1,500,000 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment (2022-033) to recognize $1,500,000 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account, transferring the funds to the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $275,000 in construction funds for the South Main Street Sewer Improvements Project (Project No. 21-6451). 5. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,500,000 in construction funds for South Main Street Water Improvements Project (Project No. 21-6461). 6. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $750,000 in construction funds for Main Street Rehabilitation from Edinger Avenue to First Street (Project No. 18-6911). 7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $750,000 in construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958). 8. Authorize the City Manager to execute an amendment to the agreement with City Council 84- 14 19/21/2021 Butier Engineering, Inc. for construction engineering services to increase the agreement amount by $200,000 and the contingency by $100,000, for a total agreement amount of $1,236,924, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). 9. Approve an amendment to the Project Cost Analysis in the amount of $3,275,000 for $1,630,000 in additional contingency funds, $1,500,000 in street light contingencies, and $145,000 in additional contract administration, inspection and testing for a new estimated total construction delivery cost of $21,584,245. The new estimated total construction delivery costs include $12,759,695 for the construction contract, $1,899,050 for contract administration, inspection and testing, and a $6,925,500 project contingency for unanticipated or unforeseen work, subject to non - substantive changes approved by the City Manager and City Attorney. MINUTES: This consent Item - Agreement No. 2021-186 was approved. 22. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year 2020-21 to Fiscal Year 2021-22 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2020-21 budget for unspent amounts to be carried over to FY 2021-22. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2021-22 budget for amounts carried forward from FY 2020-21. (Requires five affirmative votes) 23. Approve a Facility Use Agreement with TKO Youth Foundation for Use of a Portion of the Fitness Room at Jerome Community Center for Boxing Programs Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a facility use agreement with TKO Youth Foundation for use of a portion of the fitness room at Jerome Community Center for boxing programs, for a term beginning September 21, 2021 and ending September 30, 2023, for a monthly fee payable to the City starting September 1, 2022 through September 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-187 was approved. 24. Approve a Cooperative Agreement with the City of Orange and Partnering Cities for the Tustin Avenue Corridor Traffic Signal Synchronization Project in an Amount Not to Exceed $89,305 for the Term Effective Until December 31, 2026 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with the cities of Orange, Anaheim, Placentia, Tustin, and Yorba Linda, which identifies each city's roles and responsibilities, including Santa Ana's match requirement of $89,305, to implement the Tustin Avenue Corridor Traffic Signal City Council 85- 15 19/21/2021 Synchronization Project, for the term beginning upon full approval of the agreement by all parties and effective until December 31, 2026, with an option for up to two, one- year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Councilmember Phan recused herself from Item 24 due to a conflict of interest with employer. This consent Item - Agreement No. 2021-188 was approved. 25. Authorize a Purchase Agreement in the Amount of $7,200 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Gates Warner, LLC) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner Gates Warner, LLC, a California limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 1301 E. Warner Avenue (APN 014-281-19) in the amount of $7,200, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Councilmember Phan recused herself from Item 25 due to a conflict of interest with employer. This consent Item - Agreement No. 2021-189 was approved. 26. Approve Amendments to Agreements with Palp, Inc., dba Excel Paving, Big Ben Engineering, TE Roberts, and Paulus Engineering, Inc. to Increase the Shared Agreement Amount by $1,600,000, for a Total Amount not to Exceed $2,500,000 for Miscellaneous Projects Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreement amendments for on -call construction services with Palp, Inc. dba Excel Paving, Big Ben Engineering, TE Roberts, and Paulus Engineering, Inc. to increase shared agreement amount by $1,600,000, for a total agreement amount not to exceed $2,500,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-190 was approved. 27. Approve a Substantive Change to the Facilities Use Agreement with Training and Research Foundation to Modify Indemnification Language in the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a substantive change to the facilities use City Council 86- 16 19/21/2021 agreement with Training and Research Foundation that was approved on August 17, 2021 to modify indemnification language in the agreement in order to operate childcare centers at Corbin Community Center and El Salvador Community Center (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-191 was approved. 28. Second Extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 for the Hampton Inn Hotel Project to be Located at 2129 North Main Street Continued from the September 21, 2021 City Council Meeting. Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution approving a second one-year extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 to August 20, 2022. MINUTES: Item 28 was continued to the October 5, 2021 City Council meeting under the Business Calendar. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar Items 6 — 28 with the exception of 8, 12, 18, and 28. Items 12, 18, and 28 were continued to the Business Calendar of the October 5, 2021 City Council meeting. Councilmember Phan recused herself from Items 10, 24, 25, and 28 due to a conflict of interest with employer. Mayor Pro Tem Penaloza requested that items regarding awarding contracts include project location details. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** I BUSINESS CALENDAR_ 29. Adopt a Resolution Declaring Intent to Change the Ward Boundaries and Consider the Timeline for the Redistricting Process Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2021-XXX — Adopt a resolution declaring the City's intention to consider changes to boundary lines of Wards and fixing the time City Council 87-17 19/21/2021 and place of said Hearings to be held on October 5, October 19, November 2, November 16, and December 7, 2021 at 7:00 p.m. at each hearing. MINUTES: Clerk of the Council Daisy Gomez provided a brief presentation. Sofia, representing Redistricting Partners, provided an overview of the timeline of the public hearing and community outreach meetings. This Business Item- Resolution No. 2021-053 was approved. Moved by Councilmember Bacerra, seconded by Councilmember Hernandez to approve as amended to move the November 6, 2021 public input workshop date to October 30, 2021. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass 30. Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra - help Classification of Homeless Services Division Manager - Retired Annuitant and ii) Appointing Kenneth Gominsky Jr. into the Classification of "Homeless Services Division Manager - Retired Annuitant" at the Rate of $84.47 per Hour Continued from the September 21, 2021 City Council Meeting. Department(s): Human Resources Recommended Action: Adopt two resolutions: i) Resolution No. 2021-XXX — amending Resolution No. 2015-026 establishing an extra -help classification of Homeless Services Division Manager - Retired Annuitant and ii) Resolution No. 2021-XXX — appointing Kenneth Gominsky Jr. into the classification of "Homeless Services Division Manager - Retired Annuitant" at the rate of $84.47 per hour. MINUTES: Item 30 was continued to the October 5, 2021 City Council meeting. 31. Establish and Appoint Two to Three Members of the City Council to the Police Oversight Ad Hoc Committee Continued from the September 21, 2021 City Council Meeting. Department(s): City Manager Office Recommended Action: It is recommended that the Mayor establish the Police Oversight Ad Hoc Committee and appoint two to three members of the City Council to serve on it. MINUTES: Item 31 was continued to the October 5, 2021 City Council meeting. City Council 88- 18 19/21/2021 32. Appoint Two to Three Members of the City Council to the School Collaboration City Council Subcommittee Continued from the September 21, 2021 City Council Meeting. Department(s): City Manager Office Recommended Action: Appoint two to three Members of the City Council to the School Collaboration City Council Subcommittee for terms expiring on December 21, 2022. MINUTES: Item 32 was continued to the October 5, 2021 City Council meeting. 33. Adoption of Rent Stabilization Ordinance and Just Cause Eviction Ordinance Department(s): Community Development Agency Recommended Action: Receive direction from the Housing Ad Hoc Committee and consider the following options: 1. Ordinance No. NS-XXXX — Adopt an urgency rent stabilization ordinance prohibiting residential real property and mobilehome space rental increases that exceed three percent (3%) annually, or eighty percent (80%) of the change in Consumer Price Index, whichever is less, within the City. (Requires five affirmative votes) 2. Ordinance No. NS-XXXX — Adopt an urgency ordinance requiring just cause evictions. (Requires five affirmative votes) 3. Resolution No. 2021-XXX —Adopt a Resolution directing further study and implementation of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for tenants facing housing instability. 4. Authorize the City Manager to reallocate up to $300,000 from the Revive Santa Ana Plan to create an Eviction Defense Fund by entering into an Agreement with a consultant for the administration, management and implementation of the rent stabilization ordinance and just cause eviction ordinance, and direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement and manage the ordinances, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). ALTERNATIVE OPTION: 1. Approve first reading of a rent stabilization ordinance prohibiting residential real property and mobilehome space rental increases that exceed three percent (3%) annually, or eighty percent (80%) of the change in Consumer Price Index, whichever is less, within the City. 2. Approve first reading of an ordinance requiring just cause evictions. 3. Resolution No. 2021-XXX — Adopt a Resolution directing further study and City Council 89- 19 19/21/2021 implementation of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for tenants facing housing instability. 4. Authorize the City Manager to reallocate up to $300,000 from the Revive Santa Ana Plan to create an Eviction Defense Fund by entering into an Agreement with a consultant for the administration, management and implementation of the rent stabilization ordinance and just cause eviction ordinance, and direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement and manage the ordinances, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Item 33 was taken out of order and considered after public comments. Moved by Councilmember Mendoza, seconded by Councilmember Bacerra to have staff bring back item to full Council as a work study session to include from comparable size cities that have rent control with the following information: benefits, consequences, long-term effects, and associated costs of enforcement; and that staff conduct stakeholder meetings. Councilmember Lopez moved a substitute motion and was passed. This Business Item- Resolution No. 2021-054 was approved. This Business Item - Agreement No. 2021-192 was approved. Moved by Councilmember Hernandez, seconded by Councilmember Lopez to approve a substitute motion to approve Alternative Options 1 — 4 with the following amendments: From the Rent Stabilization ordinance add to Section 8-1998 — Definition of Rent. For the purposes of this Division, "Rent" means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the owner under an agreement concerning the use or occupancy of residential real property or mobilehome space, including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning. From Rent Stabilization and Just Cause Evictions ordinances remove "and a misdemeanor" from Section 8 — Violations. Modify to the following: The violation of any provision of this ordinance shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. City Council R0- 20 19/21/2021 Add to Just Cause Evictions ordinance: A. `Interrupt, terminate, or fail to provide housing services' in this provision does not include interruptions, terminations, or failure to provide housing services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner's control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to tenants as required by a signed rental agreement. Add to the Just Cause Evictions ordinance: It shall be a defense to a no fault just cause action for possession of a rental unit under this Division if a person under the age of 21 is a resident of the subject rental unit, or has a custodial or family relationship with a tenant in the subject rental unit, and who is registered and actively attending any level of school during a specified school term. Any sale of a mobilehome park shall be considered a change of use pursuant to Government Code section 65863.7. Accordingly, at least sixty (60) days prior to the sale of a mobilehome park, the Owner shall provide notice of such proposed sale to the mobilehome park residents and prepare a report on the impact of the sale of the mobilehome park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the mobilehome park to be sold to find adequate housing in a mobilehome park, as applicable, pursuant to the requirements of Government Code section 65863.7. YES: 4 — Hernandez, Lopez, Phan, Sarmiento NO: 3 — Bacerra, — Mendoza, — Penaloza ABSTAIN: 0 ABSENT: 0 Status: 4-3-0-0 — Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 34. Public Hearing - Consolidated Annual Performance and Evaluation Report Legal Notice published in the Orange County Register on September 9, 2021. Continued from the September 21, 2021 City Council Meeting. Department(s): Community Development Agency City Council 21-21 12/21/2021 Recommended Action: Authorize Submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. MINUTES: Item 34 was continued to the October 5, 2021 City Council meeting. CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza provided a brief announcement regarding per- and polyfluoroalkyl substances (PFAS) meeting held on September 30, 2021 at 6:00 p.m. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: There were no reportable AB1234 disclosures provided. MINUTES: Councilmember Bacerra made brief announcements regarding his community office hours on Saturday, October 2, 2021 at 10:00 a.m. held at the George Upton Hall Access Park and thanked police officers for safety improvements along the South Bristol Corridor. Councilmember Hernandez made brief announcements regarding his community office hours on Friday from 4:00 p.m. — 6:00 p.m.held at La Placita Cinco, the Justice for Victoria Barrios campaign, and thanking residents for their public participation. Councilmember Lopez made brief announcements regarding a Ward 3 community event on September 30, 2021 and release of newsletter coming soon. Councilmember Mendoza made brief announcements regarding water conference and water updates. Councilmember Phan made brief announcements regarding the Vietnamese holiday celebration. Mayor Pro Tem Penaloza and Mayor Sarmiento wished everyone a good night/morning. ADJOURNMENT —Adjourn the City Council meeting. Future Items 1. Enhanced Homeless Outreach Services 2. Mental Health Mobile Outreach Services 3. Sunshine Ordinance Amendments 4. Athletic Field Allocation and Events Policies City Council 22-22 19/21/2021 MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, September 22, 2021 at 1:57 a.m. City Council 23- 23 19/21/2021 DRAFT Minutes of the Regular Meeting of the City Council and Housing Authority City of Santa Ana, California `aP �► w 1 October 05, 2021 SPECIAL OPEN SESSION MEETING - 4:00 pm SPECIAL CLOSED SESSION MEETING - 4:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CITY COUNCIL SPECIAL OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Mayor Pro Tern Mayor City Manager Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) Department(s): Clerk of the Council Recommended Action: Adopt resolution. ADJOURNMENT — Adjourn the Special Open City Council meeting and convene to the City Council 9-1 12[95/2021 Special Closed Session meeting. Moved by Councilmember Bacerra, seconded by Councilmember Lopez to adopt Resolution No. 2021-055. YES: 6 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 1 — Phan, Councilmember ABSENT:0 Status: 6-0— 1 — 0 — Pass MINUTES: Mayor Sarmiento called the Special Open Session meeting to order at 4:08 p.m. Clerk of the Council conducted roll call. All councilmembers were present. There were no public comments on Special Open Session item. Adjourned Special Open Session and convened to the Special Closed Session at 4.12 p.m. SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4:12 p.m. Clerk of the Council conducted roll call. All councilmembers were present. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain City Council 9-2 12fY5/2021 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, City Attorney and City Manager 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency designated representative: Human Resources Director Unrepresented employee: Clerk of the Council, City Attorney and City Manager 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. David Sii v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ12884066 B. City of Santa Ana v. Countkof Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) C. Orange County Catholic Worker, et al. v. Orange County, et al., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) D. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Council recessed meeting to consider items listed on the Closed Session for discussion at 4:13 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council 9-3 12[95/2021 MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:30 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:32 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. Mayor Sarmiento made announcement that item 24 would be heard at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Penaloza led the Pledge of Allegiance. INVOCATION Hussam Ayloush CEREMONIAL PRESENTATIONS Proclamation presented by Mayor Pro Tem Penaloza to Minh Thai and Alvaro Nunez, Planning and Building Department declaring October 11 through October 15, 2021 as Code Enforcement Officer Appreciation Week. 2. Proclamation presented by Councilmember Hernandez to Nellie Myia Turtleheart LeGaspe declaring October 11, 2021 as Indigenous Peoples' Day. 3. Certificate of Recognition presented by Councilmember Lopez to Blinking Owl Distillery for Outstanding Contributions to the Community. 4. Certificate of Recognition presented by Councilmember Mendoza to Office Depot for the "Start Proud!" Program 2021 and Outstanding Contributions to the Education. MINUTES: After the last ceremonial presentation, council considered item 24 on redistricting followed by staff presentations. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief presentation. Mayor Pro Tem Penaloza requested City Manager to add Digital Vaccine Record website to future COVID-19 Updates. City Manager Kristine Ridged noted vaccination sites will be listed online. City Council 9-4 12MS/2021 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: No reportable action. Item 10 considered out of order after Closed Session Report out, followed by Councilmember Comments. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. NOTE: Redistricting Public Hearing Item #24 to be heard at 7:00 p.m. Non -Agenda eComment MINUTES: Antonio Lopez, father of Brandon Lopez, spoke regarding September 28tn 2021 incident. Johana Lopez spoke regarding September 28th, 2021 incident pertaining to Brandon Lopez. Qui Vuong, 58 years old, spoke of housing hardship and spoke in support of item 9, rent control. Lam Ho, 83 years old, spoke of housing hardship and spoke in support of item 9. Lan Hoong, 81 years old, and Tri Le, 83 years old, spoke of housing hardship and spoke in support of item 9. Dao Tran, 71 years old, spoke of housing hardship and spoke in support of item 9. Tuat Mai, 74 years old, spoke of housing hardship and spoke in support of item 9. Thu Anh, 59 years old, spoke of housing hardship and spoke in support of item 9. Bich Le, 76 years old, and Le Nguyen, 74 years old, spoke of housing hardship and spoke in support of item 9. Huong Luong, 74 years old, spoke of housing hardship and spoke in support of item 9. Hang Nguyen, 64 years old, spoke of housing hardship and spoke in support of item 9. Danny Ma, spoke of housing hardship and spoke in support of item 9. City Council 9-5 12(25/2021 Trung Pham, 75 years old, and Hoi Nguyen, 74 years old, spoke of housing hardship and spoke in support of item 9. Tran Cal and Phung Pham, 74 years old, spoke of housing hardship and spoke in support of item 9. Thom Nguyen, 68 years old, spoke of housing hardship and spoke in support of item 9. Dai Nguyen, 69 years old, and Marie Nguyen, 68 years old, spoke of housing hardship and spoke in support of item 9. Hong Le, 73 years old, spoke of housing hardship and spoke in support of item 9. Reverend Duc Minh, 93 years old, spoke of housing hardship and spoke in support of item 9. Lucero Garcia spoke in support of item 9. Ugochi L. Anaebere Nicholson, attorney with the Public Law Center in Santa Ana, spoke in support of item 9. Andrew Linares spoke in support of Item 9. Elizabeth Leguin spoke in support of item 9. Idalia Rios spoke in support of item 9. Maricela Castro spoke in support of item 9. Yohana Rojas spoke in support of item 9. Mireya Gutierrez spoke in support of item 9 and mandated vaccinations. Silvia Avendano spoke in support of item 9. Sergio Corona spoke in support of item 9. Victoria Salgado spoke in support of item 9. Elizabeth Martinez spoke in support of item 9. Cesar Medina spoke in support of item 9. Rosa Pizano spoke in support of item 9. City Council 6-6 12[95/2021 Marcela Rosas spoke in support of item 9. Angel Sanchez spoke in support of item 9. Rocio Rachel spoke in support of item 9. Joshua Gonzalez spoke in support of item 9. Alejandra Luciano spoke in support of item 9. Maria Cristina Moreno spoke in support of item 9. Tim Rush spoke in opposition to Item 9. Juvelia spoke in support of item 9. Catalina Iniestra spoke in support of item 9. Veronica Garcia spoke in support of item 9. Silvia Hernandez spoke in support of item 9. Dale Helvig spoke on Item 9. Candace Holcombe spoke in opposition to Item 9. Nathaniel Greensides spoke in support to Item 9. Yoselinda Mendoza spoke in support of Item 9 and mental health crisis. Tracy La, with VietRise, spoke in support of Item 9. Alondra Salazar spoke in support of Item 9. Valeria Esqueda spoke in support of Item 9 and encouraged council to enact a rent freeze. Mextli Lopez spoke in support of Item 9 and expressed condolences to the family of Brandon Lopez. David Carbajal spoke in support of item 9 and expressed condolences to the family of Brandon Lopez. Maria Ceja spoke in support of Item 9 and expressed condolences to the family of Brandon Lopez. City Council 9-7 12[95/2021 Jesus Santana expressed condolences to Councilmember Hernandez and the Lopez family; spoke in support of item 9. Luis Sarmiento expressed condolences to Councilmember Hernandez and spoke in support of item 9. Karla Juarez expressed condolences to Councilmember Hernandez and the Lopez family; and spoke in support of item 9. Benjamin Vasquez expressed condolences to Councilmember Hernandez and spoke in support of Item 9. Vicki Talley spoke in opposition to Item 9. Ferin Kidd spoke in support of Item 22 and demanded that Santa Ana form an oversight committee Clay Hage spoke in opposition of Item 9. Pedro Maganon spoke in opposition of Item 16. Victor Cao spoke in opposition of Item 9. Vanessa Gonzales spoke in support of Item 9 and expressed condolences to the family of Brandon Lopez. Julie Paule spoke in opposition of Item 9 and expressed condolences to the family of Brandon Lopez. Chad Casenhiser spoke in opposition of Item 9. Ivette Xochiyotl spoke in support of Item 9. Robert McDonald spoke in opposition to Item 9. Danielle McCarthy spoke in opposition to Item 9. Miriam Meza spoke in opposition to Item 9. Erinlynn Scott, with AMC, spoke in opposition to Item 9. Luis Tapia, Community Director with Villa Del Sur apartment, spoke in opposition to Item 9. City Council 8-8 12[95/2021 Amy Fylling spoke in opposition to Item 9. Lauren Marty spoke in opposition to Item 9. Susie Winocur spoke in opposition to Item 9. David Cordero spoke in opposition to Item 9. Mary Jo Baretich spoke in support of Item 9. TK spoke on Item 9 and Item 22; and expressed condolences to Councilmember Hernandez and his family. Trish spoke on Item 22 and expressed condolences to Councilmember Hernandez and the Lopez family Francesca Chaboya provided comments on Item 9 and spoke in support of Item 22. Paul Julian spoke in opposition of Item 9. Richard Julian, with AMC, spoke in opposition of Item 9. Juan Carbajal spoke in opposition of Item 9. Chip Ahlswede expressed condolences to Councilmember Hernandez and the Lopez family. Spoke in opposition of Item 9. Michael Brown spoke in opposition of Item 9. Greg O'Hagan expressed condolences to Councilmember Hernandez and the Lopez family. Spoke in opposition of Item 9. Eva Raleig expressed condolences to Councilmember Hernandez. Spoke in opposition of Item 9. Hairo Cortes expressed condolences to Councilmember Hernandez and the Lopez family. Spoke in support of Item 22 and Item 9. Bulmaro Vicente expressed condolences to Councilmember Hernandez and the Brandon Lopez family. Spoke in support of Item 22 and Item 9. Hector Bustos expressed condolences to Councilmember Hernandez and the Brandon Lopez family. Spoke in support of Item 22 and Item 9. City Council 9-9 12[95/2021 Clerk of the Council Daisy Gomez reported out on correspondence received prior to hearing public comments via Zoom. IVOT-T.-TM. i Jennifer Rojas spoke in support of the family of Brandon Lopez and spoke in support of Item 22. Joese Gloria expressed support of the family of Brandon Lopez and spoke in support of Item 9. Kayleigh Levitt spoke on police brutality and housing. Bryan J. Peraza expressed support of the family of Brandon Lopez, spoke in solidarity with those demanding police oversight, spoke in support of Item 9. Jenna Perez expressed condolences to the Brandon Lopez family. Spoke in support of Item 9. Daisy Cruz spoke in support of Item 9. Expressed condolences to Councilmember Hernandez and to the Brandon Lopez family. Pedro Correa spoke in support of Item 9. Manny Escamilla expressed condolences to the Brandon Lopez family and Councilmember Hernandez. Spoke in support of Item 9. Penelope Lopez expressed condolences to the Brandon Lopez family Grant Lehner spoke in support of Item 9. Expressed condolences Councilmember Hernandez and to the Brandon Lopez family. Adolfo Sierra spoke in support of Item 9. Alexis Teodoro spoke in support of Item 9. Expressed condolences Councilmember Hernandez and to the Brandon Lopez family. Elias Cazales, President of Santa Ana Pony, in support of Item 16. Expressed condolences Councilmember Hernandez and to the Brandon Lopez family. Tanya Navarro spoke on police oversight and in support of Item 9. CONSENT CALENDAR City Council J(- 10 12fYS/2021 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 17. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Special Meeting of June 22, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Minutes from the Regular and Housing Authority Meetings of July 6, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROHIBITING RESIDENTIAL REAL PROPERTY AND MOBILEHOME SPACE RENTAL RATE INCREASES THAT EXCEED THREE PERCENT (3%) ANNUALLY, OR EIGHTY PERCENT (80%) OF THE CHANGE IN CONSUMER PRICE INDEX, WHICHEVER IS LESS, WITHIN THE CITY and Adopt Ordinance No. NS-XXXX—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUIRING JUST CAUSE EVICTIONS First reading at the September 21, 2021 City Council meeting and approved by a vote of 4-3 (Bacerra, Mendoza and Penaloza dissented). Published in the Orange County Reporter on September 24, 2021. Department(s): Community Development Agency Recommended Action: Place ordinances on second reading and adopt. MINUTES: Councilmember Bacerra, Councilmember Mendoza, and Mayor Pro Tem Penaloza abstained from Item 9 out an abundance of caution due to a potential Brown Act violation. Mayor Sarmiento confirmed with Clerk of the Council of a quorum on the dais and spoke in reference to the Brown Act adherence. For the record Mayor Sarmiento announced the following. On September 24, the City received a letter alleging a Brown Act Violation related to the Council's first reading approval of the ordinances prohibiting residential rent increases and requiring just City Council 91- 11 12(25/2021 cause evictions. The letter alleged that 1) The city's Housing Ad Hoc Committee was actually a standing committee subject to the Brown Act and that 2) certain communications of mine to Mayor Pro Tern violate the Brown Act's prohibition on serial meetings. First as one of its members 1 wish to stress that the Housing Ad Hoc Committee is indeed a genuine ad hoc committee. As both stated in the staff report accompanying its creation and in practice it is a temporary advisory committee composed of less than a quorum of the council that serves a limited purpose and will dissolve upon its final report to the City Council. Second, 1 would like to clarify that 1 did call Mayor Pro Tern on September 16, which was a Thursday, about this matter, but only to advise him that the ad hoc committee would be making recommendation to adopt the ordinances on an urgency basis or on a regular basis at the September 211t meeting. 1 did this as a courtesy alone for him and any other Councilmember who did not serve on the ad hoc committee because on September 17th, 1 did receive a call from Councilmember Mendoza wanting to discuss the matter of rent stabilization that was going to be appearing on September 21st agenda item. 1 mentioned to her that 1 was on the ad hoc committee and could not speak to her on the merits of that, but did tell her it was going to be on the agenda and the full council would be considering it. At no time in these brief conversations did 1 discuss the merits of the recommendation, engaged in any collective decision -making or encouraged any particular vote by any councilmember. While this means we could move forward tonight, or this morning, with the second reading, in the spirit of transparency, 1 will join Councilmember Phan to redo the first reading on both of these ordinances. Though 1 firmly believe there is no Brown Act Violations, a new first reading will enable us to consider the ordinances unaffected by any extraneous concerns. " Mayor Sarmiento requested City Manager Kristine Ridge to consider language in Section 1482 that is a provision in the Just Cause ordinance included in the Rent Stabilization ordinance. Also, request staff to consider annual reviews of metrics related to condominiums and rental units under rent stabilization and just cause eviction. Moved by Councilmember Phan, seconded by Mayor Sarmiento to redo to approve first reading ordinance and publish title. YES: 4 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan, Councilmember, — Sarmiento, Mayor NO: 0 ABSTAIN: 3 — Bacerra, Councilmember, — Mendoza, Councilmember, — Penaloza, Mayor Pro Tern ABSENT:0 Status: 4-0-3-0— Pass 10. Appoint Kimberly Cabrera Nominated by Mayor Pro Tern Penaloza as the Ward City Council 92-12 12f95/2021 2 Representative to the Youth Commission for a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Kimberly Cabrera to the Youth Commission representing Ward 2 and administer Oath of Office. Moved by Mayor Pro Tern Penaloza, seconded by Mayor Sarmiento to Appoint Kimberly Cabrera as the Ward 2 Representative to the Youth Commission.. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass MINUTES: Clerk of the Council, Daisy Gomez, administered the Oath of Office to Kimberly Cabrera. Item 10 considered out of order after Closed Session Report out, followed by Councilmember Comments. 11. Approve an Agreement with Orange County Transportation Authority for the Senior Mobility Program for the Period July 1, 2021 through June 30, 2026 with an Option to Extend the Agreement Five Years through June 30, 2031 (General Fund and Non - General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Approve an agreement with Orange County Transportation Authority for the Senior Mobility Program for the period July 1, 2021 through June 30, 2026 with an option to extend the agreement five years through June 30, 2031, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-193 was approved. 12. Approve Appropriation Adjustment and Agreement Accepting $536,000 from the State Office of Traffic Safety for Traffic Program Services (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute a one-year City Council 93- 13 12f95/2021 agreement with the State of California - Office of Traffic Safety (OTS) (PT22130) to fund traffic program services, for the period of October 1, 2021 through September 30, 2022, in an amount not to exceed $536,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Approve an appropriation adjustment (2022-037) accepting $536,000 in the Office of Traffic Safety —Grant revenue account and appropriate same to the grant expenditure account. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2021-194 was approved. 13. Approve an Agreement with Allied Universal Janitorial Services for Janitorial Services for Police Department Facilities in the amount of $2,233,523.04 (General Fund) Department(s): Police Department Recommended Action: Approve a three-year agreement with Allied Universal Janitorial Services for janitorial services for Police Department facilities for the period of November 1, 2021 through October 31, 2024, with an option for two one-year renewals, in the amount of $2,233,523.04, including a ten percent contingency ($203,047.55), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). Moved by Councilmember Mendoza, seconded by Councilmember Hernandez to approve. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass MINUTES: This consent Item - Agreement No. 2021-195 was approved. 14. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services and an Enhanced Pilot Program to Divert Santa Ana Police Department Calls for Service for Quality -of -Life Services, in an Amount not to Exceed $1,300,000 through June 30, 2022 (Non -General Fund) (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with City Net in an amount not to exceed $1,300,000 to provide street outreach and engagement services and an enhanced Pilot Program to divert Santa Ana Police City Council 94- 14 12fY5/2021 Department calls for service for quality -of -life services from November 1, 2021 through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of HHAP and ARPA funding (Agreement No.2021-XXX). MINUTES: This consent Item - Agreement No. 2021-196 and 2021-197 were approved. Moved by Councilmember Bacerra, seconded by Councilmember Hernandez to Approve. Councilmember Bacerra requested City Manager Kristine Ridge to work with vendor to adjust working hours from 9 p.m to 7 a.m. City Manager Kristine Ridge is to report back to the council and present an amendment to the agreement if the requests are not agreed upon. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0—Pass 15. Approve Agreement Amendments with Ocean Blue Environmental Services, Inc., and United Storm Water, Inc., for COVID-19 Sanitization Services (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Ocean Blue Environmental Services, Inc., to provide COVID-19 Sanitization Services and increase the annual expenditure amount for the FY 2021-22 term by $250,000, for a total aggregate amount not to exceed $2,000,000, including the optional extension period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a first amendment to the agreement with United Storm Water, Inc., to provide COVID-19 Sanitization Services and increase the annual expenditure amount for the FY 2021-22 term by $250,000, for a total aggregate amount not to exceed $2,000,000, including the optional extension period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement Nos. 2021-198 and 2021-199 were approved. City Council 95- 15 12f95/2021 16. Adopt a Resolution for Athletic Facility Reservation Policy Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX — Adopt a resolution for Athletic Facility Reservation Policy. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Hernandez to approve staff recommendation with the amendment to change the reservation age from 21 to 18, and directed city staff to help small leagues become official. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass MINUTES: This consent Item - Resolution No. 2021-056 was approved. 17. Approve the 2nd Revision to the Revive Santa Ana Spending Plan and Adopt a Resolution to Amend the FY 21-22 Annual Budget to Add Limited -Term Full -Time Positions (Revive Santa Ana Program) Department(s): City Manager Office Recommended Action: 1. Approve the 2nd Revision to the Revive Santa Ana Spending Plan. 2. Resolution No. 2021-XXX —Adopt a Resolution to Amend the Fiscal Year 21-22 Annual Budget to add limited -term full-time positions for the implementation of Revive Santa Ana projects. MINUTES: Councilmember Bacerra moved to approve the 2nd Revision to the Revive Santa Ana Spending Plan minus the commitment of one-time funds to the eviction defense effort and approve a resolution to amend the FY 21-22 Annual Budget to Add Limited -Term Full -Time Positions prior to substitute motion, but motion died due to lack of second. This consent Item- Resolution No. 2021-057 was approved. Moved by Councilmember Lopez, seconded by Councilmember Hernandez to approve substitute motion to include staff's recommended action as is and to City Council 96- 16 12f95/2021 have City Manager Kristine Ridge find an alternative source of funding for the COVID memorial.. YES: 5 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 2 — Bacerra, Councilmember, — Mendoza, Councilmember ABSTAIN: 0 ABSENT:0 Status: 5-2-0-0— Pass Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Penaloza to approve Consent Calendar items 6-15 with the exception of 9,10,13,14,16,17. Item 10 was considered and voted on earlier. Councilmember Bacerra, Councilmember Mendoza, and Mayor Pro Tem Penaloza abstained from Item 9 out an abundance of caution due to a potential Brown Act violation. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 18. Award a Construction Contract to iBuild Spectrum, Inc. in the Amount of $1,408,575, for the Campesino Park, Memorial Park, and Madison Park Restrooms Fiscal Year 2021-22 Projects, with an Estimated Project Delivery Cost of $1,640,000, and Amend the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 21-7533, 21- 7534, 21-7535) (Non -General Fund) (Revive Santa Ana Program) Continued from the September 21, 2021 and October 5, 2021 City Council Meetings. Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: 1. Award a construction contract to iBuild Spectrum, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,408,575, for construction of the Campesino Park, Memorial Park, and Madison City Council 97-17 12f'5/2021 Park Restroom Projects, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,640,000, which includes $1,408,575 for the construction contract, $91,072 for contract administration, inspection and testing, and a $140,353 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to add the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the total amount of $1,731,072, which includes $1,640,000 in construction funds and an additional $91,072 for preliminary design engineering. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Bacerra to continue the item to the October 19, 2021 Council Meeting. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass MINUTES: Council provided direction to city staff regarding design. 19. Reconsideration of 8/17/2021 Approved Agenda Item: Agreement with Barrios and Associates, LLC, DBA Communications Lab, for "Ready OC" Emergency Preparedness and "If You See Something, Say Something" Public Awareness Campaigns Continued from the September 21, 2021 City Council Meeting. Department(s): Police Department Recommended Action: Authorize the City Manager to enter into an agreement with Barrios & Associates, LLC, dba Communications LAB. for the period of September 21, 2021 through June 30, 2024, with two one-year options for renewal, to continue the Ready OC Emergency Preparedness Campaign and the "if You See Something, Say SomethingTM11 Public Awareness Campaign, for a total five-year amount not to exceed $1,150,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to substitute motion to approve the item as is. . YES: 6 — Bacerra, Hernandez, Mendoza, Phan, Penaloza, Sarmiento City Council 98- 18 12(25/2021 NO: 1 — Lopez ABSTAIN: 0 ABSENT:0 Status: 6— 1 — 0 — 0 — Pass MINUTES: Councilmember Lopez motioned to continue item at a future Council Meeting, and motion died due to lack of second. Item 22 was taken out of order and considered after item 19. 20. Second Extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 for the Hampton Inn Hotel Project to be Located at 2129 North Main Street Continued from the September 21, 2021 City Council Meeting. Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX — Adopt a resolution approving a second one-year extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 to August 20, 2022. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to deny second extension. YES: 3 — Bacerra, Mendoza, Penaloza NO: 2 — Lopez, — Sarmiento ABSTAIN: 1 — Phan ABSENT: 1 — Hernandez Status: 3-2-1 — 1 —Fail MINUTES: Councilmember Phan recused herself from item 20 due to a conflict of interest. Item fails due to lack of action. No action. After Item 20, council considered Item 25. 21. Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra - help Classification of Homeless Services Division Manager - Retired Annuitant and ii) Appointing Kenneth Gominsky Jr. into the Classification of "Homeless Services Division Manager - Retired Annuitant" at the Rate of $84.47 per Hour Continued from the September 21, 2021 City Council Meeting. Department(s): Human Resources Recommended Action: Adopt two resolutions: i) Resolution No. 2021-XXX — amending Resolution No. 2015-026 establishing an City Council 99- 19 12f95/2021 extra -help classification of Homeless Services Division Manager - Retired Annuitant and ii) Resolution No. 2021-XXX — appointing Kenneth Gominsky Jr. into the classification of "Homeless Services Division Manager - Retired Annuitant" at the rate of $84.47 per hour. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza to approve. YES: 6 — Bacerra, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez Status: 6-0-0— 1 — Pass MINUTES: Mayor Sarmiento provided input to city staff. This Business Item - Resolution No. 2021-058 — amending Resolution No. 2015-026 and Resolution No. 2021-059 was approved. 22. Establish and Appoint Two to Three Members of the City Council to the Police Oversight Ad Hoc Committee Continued from the September 21, 2021 City Council Meeting. Department(s): City Manager Office Recommended Action: It is recommended that the Mayor establish the Police Oversight Ad Hoc Committee and appoint two to three members of the City Council to serve on it. MINUTES: Item 22 was taken out of order and considered prior to Item 20 to appoint Councilmember Hernandez, Councilmember Bacerra, and Councilmember Lopez to the Ad Hoc Committee. Councilmember Hernandez left council meeting on Wednesday, October 6, 2021 at 3:33 a.m. 23. Appoint Two to Three Members of the City Council to the School Collaboration City Council Subcommittee Continued from the September 21, 2021 City Council Meeting. Department(s): City Manager Office Recommended Action: Appoint two to three Members of the City Council to the City Council 9 - 20 12fY5/2021 School Collaboration City Council Subcommittee for terms expiring on December 21, 2022. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Lopez to appoint Councilmember Hernandez, Councilmember Lopez, and Councilmember Mendoza to the School Collaboration City Council Subcommittee. YES: 6 — Bacerra, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez Status: 6-0-0— 1 — Pass MINUTES: After consideration of item 23, council returned to consider item 20. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 24. Hold First Public Hearing Regarding Redistricting Ward Boundaries Legal Notice published in the Orange County Register, La Opinion, Nguoi Viet, World Journal (Chinese Daily News) and The Korea Times by September 18, 2021. Resolution of Intention No. 2021-053 published in the Orange County Register on September 24, 2021 and October 1, 2021. Department(s): Clerk of the Council Office Recommended Action: Open and close the first public hearing seeking input regarding possible changes to the wards boundaries before proposed ward map(s) are drawn. MINUTES: Mayor Sarmiento opened the public hearing at 7:07 p.m. and will be continued to the October 19, 2021. After item 24, council considered the staff presentation, COVID-19 Update in the Community. Moved by Councilmember Phan, seconded by Councilmember Lopez to approved as amended to adjourn tonight's public hearing to October 19, 2021 Council meeting to be heard at 7 p.m. Also, directed Clerk of the Council to update the rest of the public hearing timelines on the resolution and take it the City Council 21- 21 12EYS/2021 October 19, 2021 Council meeting.. YES: 6 — Bacerra, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez, Councilmember Status: 6-0-0— 1 — Pass 25. Public Hearing - Consolidated Annual Performance and Evaluation Report Legal Notice published in the Orange County Register on September 9, 2021. Continued from the September 21, 2021 City Council Meeting. Department(s): Community Development Agency Recommended Action: Authorize Submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Mendoza to approve. YES: 6 — Bacerra, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 1 — Hernandez, Councilmember ABSENT: 0 Status: 6-0— 1 —0— Pass MINUTES: Mayor Sarmiento opened, seen there were no public comments, proceeded to close the public hearing for Item 25 on Wednesday, October 6, 2021 at 4:06 a.m COUNCILMEMBER REQUESTED ITEMS 26. Discuss and Consider Directing City Manager to Consider Council Meeting Curfew Rules — Councilmember Bacerra MINUTES: Council directed Clerk of the Council to connect with other municipal cities and conduct research to consider city meeting curfew rules. Mayor Pro Tem Penaloza left the council meeting on Wednesday, October 6, 2021 at 4.18 p.m. City Council 22-22 12(25/2021 Recessed the council meeting and convened to the Housing Authority meeting on Wednesday, October 6, 2021, at 4:19 a.m Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting on Wednesday, October 6, 2021 at 4:20 a.m to consider City Manager and Council Comments. CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. September 22-24, 2021 Councilmembers Lopez and Phan — League of California Cities Annual Conference in Sacramento, CA MINUTES: After Item 10, a portion of Councilmember comments were considered out of order. Councilmember Hernandez spoke regarding the Brandon Lopez incident. Councilmember Mendoza expressed condolences to Councilmember Hernandez. Mayor Sarmiento expressed sympathies to Councilmember Hernandez and the Brandon Lopez' family. After Mayor Sarmiento's comments, council considered Public Comments. Seeing no City Manager Comments the balance of Council Comments were considered. Councilmember Lopez disclosed she and Councilmember Phan attended the League of California Cities Conference and reported out on forthcoming resolutions. Councilmember Phan disclosed that she attended the League of California Cities Conference and a retreat with the Metropolitan Water District. Mayor Sarmiento added that the ad hoc committee is recommending that staff bring back the Housing Opportunity Ordinance (HOO) for consideration at the Planning Commission and City Council meeting. Councilmember Mendoza spoke on the oil spill in Huntington Beach coastline, and ensured the Orange County Water District's water supply will not be affected or impacted by City Council 93- 23 1 =5/2021 the oil spill. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the City Council meeting on October 6, 2021 at 4:24 p.m. and reconvened to the Regular Meeting on Wednesday, October 6, 2021 at 4:20 a.m. to consider City Manager and Council Council comments. HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Housing Authority meeting to order on Wednesday, October 6, 2021 at 4:19 a.m Clerk of the Council conducted roll call. All Authority Members were present with the exception of Councilmember Hernandez. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments on Housing Authority items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences City Council 94- 24 1=5/2021 Department(s): Clerk of the Council Office Recommended Action: Excuse absent members. 2. Minutes from the Housing Authority Meeting of July 6, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda item #8 in the City Council meeting agenda) Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to approve staff recommendations on consent calendar Items 1 and 2. YES: 5 — Bacerra, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 2 — Hernandez, Councilmember, — Penaloza, Mayor Pro Tern Status: 5-0-0-2 — Pass **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting on Wednesday, October 6, 2021 at 4:20 a.m City Council 95- 25 12f95/2021 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d October 19, 2021 SPECIAL CLOSED SESSION MEETING - 4:00 pm REGULAP OPEN MEETING - 5:45 pm (Immediate ling the Closed Session Meeting) CITY A 'NCIL CHAMBER Civic Center aza Santa Ana, CA 92701 SPECL.L CLOSrc� SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil acerr> mat Ryj- V . nandez Jess' .opez Nelida Menr' _a Thai Viet ' an David PenG.oza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4:12 p.m. Clerk of the Council conducted roll call. Councilmember Bacerra joined the meeting at 4: 20 p.m. City Council 110 - 1 10/29/2021 PUBLIC COMMENTS None. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, Cit- Attorney and City Manager 2. CONFERENCE WITH 1 -)OR N. -10TIATORS Pursuant to Government Code Section 54957.6 Agency designat. representativ*uman Resources Director Unrepresented empi,-, CIP .,r the -ouncil, City Attorney and City Manager 3. CONFERENCE WITH REAL PP' ERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 1405 French N:M8-151- (Portion of) Negotiator: Kristine Ridge, 'ty M -r Negotiating with: Santa Ana Unifi . Dist Terms: Price and terms rela, d to tr ,)ossiL. ;quisition of real property. CLOSED SESSION REPORT - The City Attorney will re on any action(s) to be taken at the Regular Open Session which will begin immediately foil wing the Closed Session. RECESS - City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Council recessed meeting to consider items listed on the Special Closed Session for discussion at 4:13 p.m. RECONVENE - City Council will reconvene to continue regular City business. City Council 210 - 2 10/29/2021 MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:19 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:19 p.m. ROLL CALL MINUTES: Clerk of the Council r ,ducted roll call. All councilmembers were present. PLEDGE OF ALLEGIP ' .E Mai r Sarmiento INVOCATION M ,a Khani WO CEREMONIAL PRESENTATIONS 1. Proclamation presented by M" ,r Pro Ter* -aloza to Shamrock Rescue Foundation declaring October as Adopt -A -Shelter Mon 2. Proclamation presented by Council b to M;'Thai, Executive Director and the Planning & Building Agency larin obeo Na..jnal Community Planning Month. 11 3. Certificate of Recognition presented by Councilrr giber M, oza to Cecilia Aguinaga for Outstanding Contributions to the Communit; 4. Certificate of Recognition presented by Councilmemr Phan to Godinez Fundamental High School and Educators for Outstanding Contribu )ns to the Educational System: Jimmy Bravo; Elizabeth Castro; Dr. Veronica Chavez; Mathew Hall; Michelle Holguin; Alba Valenzuela. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief update on Halloween safety and how to obtain your Digital COVID-19 vaccine record. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. City Council 310 — 3 10/29/2021 MINUTES: City Attorney Sonia Carvalho stated there was no reportable action on the Special Closed Session meeting. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. NOTE: Redistricting Public Hearing Item #22 will be heard at 7:00 p.m. Non -Agenda eComment MINUTES: Clay Hage with Park Manapement Inc. spoke in opposition of Item 7. Dr. Louis Bratcher spo' in su, ort of pickle Ball in the City. Ms. Tanyat Phar poke in supp ` of pickle Ball in the City. Chip Ahlswede wn, he ApagFW A yociation of Orange County spoke in opposition of item 7. 00 Redistricting Item 22 consid , after sp ,r Chip Ahlsweded. Jesus Santana spoke in support o em Victor Cao spoke in opposition of Item Sal Ortiz spoke in opposition to Item 7. Vickie Talley spoke in opposition to Item 7. Julie Paule spoke in opposition to Item 7. Yosi Mendoza spoke in support of Item 7 Liz Sanchez spoke in support of Item 7. Chad Casenhiser spoke in opposition of Item 7. Susie Winocur spoke in opposition of Item 7. Vincent Barcardi spoke on an non -agenda item. City Council 410 — 4 10/29/2021 Eva Raleigh spoke in opposition to Item 7. Juvelia Charcho spoke in support of Item 7. Catalina Iniestra spoke in support of Item 7. Veronica Garcia spoke in support of Item 7. Nathaniel Greensides spoke in support of Item 7. David Carbajal spoke in support of Item of Item 7. Silvia Hernandez spoke in support of Item of Item 7. Maria Ceja spoke in sups f Item of Item 7. Dale Helvig spoke r ack of res irch regarding rent control. Jackie Cordova oke regardin carious non agenda items. Karla Juarez spoke in , _ .rt of P Alondra Salazar spoke in SU, vrt of Iten. Cesar Medina spoke in support of ;m /. Jessica Martinez spoke on Item 7. Idalia Rios spoke on Item 7 Barbara Tonelli spoke in opposition to Item 7. Duane Tonelli spoke in opposition to Item 7. Fatima Paque spoke in support of Item 7. Blanca Rueles spoke in support of Item 7. Carmen Taufik spoke on Item 7 Silvia Avendano spoke in support of Item 7. Cuong Pham and Gina Nguyen spoke in support of Item 7. City Council 510 — 5 10/29/2021 Loc Ngyuen spoke in support of Item 7. Ham Vu spoke in support of Item 7. Xuan Maim spoke in support of Item 7. Leyna Nguyen spoke in support of Item 7. Loc Nguyen spoke in support of Item 7. Speaker spoke in support of Item 7. Kim Tan spoke in support of Item 7. Thuyen Dam spoke in I of item 7. Hang Ly spoke in s, ,ort of iter, '. Qui Vuong spoh 'n support of n 7. Lan Hoang and Tri Le In st , f Item 7. Dao Tran and Tuat Ma spok , i support . m 7. Speaker spoke in support of Item ; Thu Anh spoke in support of Item 7. Hag Nguyen spoke in support of Item 7. Tran Cal spoke in support of Item 7. Dai Nguyen spoke in support of Item 7. Hong Le spoke in support of Item 7. Reverend Duc Minh spoke in support of Item 7. Final comment provided by representative for senior group regarding support of Item 7. Isabelle M. Lopez expressed sympathy for Councilmember Hernandez and his family and spoke on Item 7. Elizabeth Martinez spoke in support of Item 7. City Council 610 — 6 10/29/2021 Fausto Ramirez spoke in support of Item 7. Rosa Pizano spoke in support of Item 7. Sergio Corona spoke in support of Item 7. Esperanza Rosas spoke in support of Item 7 and various other topics. Luis Aleman with SMART expressed condolences to Councilmember Hernandez and spoke regarding a non -agenda item. Jorge Eufracio H. spoke on non agenda item. Maria Cristina Moreno sp/ n support of Item 7. Vanessa Gonzales , ,Ke regar� Item 7. John Murphy w. SMART Loci Jnion spoke regarding a non -agenda item. David Goodspeed WIL,. ,,-�T ''pion spoke regarding a non -agenda item. Manuel Gonzalez with SMA oca/ U►1* -r)oke regarding a non -agenda item. Victor Mendez spoke regrading It is oth` '-)oics. Angel Sanchez spoke in support of Ite�► Clerk of the Council, Daisy Gomez, reported oui i corre )ndence received. Kayleigh Levitt spoke in support of Item 7. Jose Trinidad Castaneda spoke in support of Item 7. Daisy with the Kennedy Commission spoke in support of Item 7. Araceli Robles spoke in support of Item 7. Benjamin Vasquez spoke in support of Item 7. Mextli Lopez spoke in support of Item 7. Carl Benninger spoke regrading rent control, first time homeowner assistance and various other topics. City Council 710 — 7 10/29/2021 Adolfo Sierra spoke in support of Item 7. Anabel Parra spoke in support of Item 7. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 19. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Adopt Ordinance No. NS ' T!!h' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ' .OHIBITi, -)RESIDENTIAL REAL PROPERTY AND MOBILEHOME SP' - RENTAL F TE INCREASES THAT EXCEED THREE PERCENT (3%) .' NUALLY, OR OW.HTY PERCENT (80%) OF THE CHANGE IN CONSUMER PRIOVDEX, W� ,HEVER IS LESS, WITHIN THE CITY and i Adopt Ordinance No. NS-XXXX AN OR NCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUh .,NG JUST - EVICTIONS First reading at the October 5, 2021 etina-�I approved by a vote of 4- 3 (Bacerra, Mendoza and Penaloza G taine Published in the Orange County Reporter cto , 2C Department(s): Community Development Age Recommended Action: Place ordinances on sec reading and adopt. MINUTES: Council provided comments Moved by Councilmember Lopez, seconded by Councilmember Phan to Adopt as amended.. YES: 4 - Hernandez, Lopez, Phan, Sarmiento NO: 3 - Mendoza, - Penaloza, - Bacerra ABSTAIN: 0 ABSENT:0 Status: 4-3-0-0- Pass 8. Appoint Dahlia Sarmiento Nominated by Councilmember Hernandez as the Ward 5 City Council 810 - 8 10/29/2021 Representative to the Youth Commission for a Partial -Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Dahlia Sarmiento to the Youth Commission representing Ward 5 and administer Oath of Office. 9. Appoint Gail Araujo to represent the Social Services Agency and Dr. Marilyn Flores to Represent Title II Adult Education to the Workforce Development Board Department(s): Community Development Agency Recommended Action: Appoint Gail Araujo for a partial term expiring May 31, 2023 (replacing Snapper) to represent Social Services Agency and Dr. Marilyn Flores representing Title II Adult Education to the Workforce Development Board. 10. Homeless Navigation C, erdate Department(s): Cr iunity De% pment Agency Recommende ,ction: Receiahnd file the Homeless Navigation Center update. 11. Receive and File of b..8klWorg1Wc1nagement Plan as Part of the City Forest Renewal Project in CollaboratioPM -;t Coast Arborists, Inc. and California Urban Forests Council Department(s): Public Works Agen- Recommended Action: Receive Cfiileo, UrL r t Management Plan. MINUTES: Councilmember Phan provi(, d inp, .,) city, , regarding drought tolerant and evergreen trees. 12. Approve a Sole Source Purchase Order to AWE Acquisition, Inc. for the Purchase of Early Literacy Station Tablets (Revive Santa Ana Program) Department(s): Library Recommended Action: Approve a sole source purchase order to AWE Acquisition, Inc. for the purchase of 15 Early Literacy Station tablets and a two-year warranty for a total amount of $59,806.25, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Approve Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the City Council 910 — 9 10/29/2021 identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC 1. Corey Flynn Van Houten, 2021-13, 2417 N. North Park Boulevard, 7:0:0:2(Carpenter and Pena-Sarmiento Absent) (Agreement No. 2021-XXX) 2. Allan Tea, 2021-14, 2120 N. Heliotrope Drive, 6.0:1:2 (Murashie Abstained, Carpenter and Pena-Sarmiento Absent) (Agreement No. 2021-XXX) 3. Trevor Smith and Bridget Furey, 2021-15, 2307 N. Riverside Drive, 8:0:0:1 (Carpenter Absent) (Agreement No. 2021-XXX) 4. Gerald and Mary O'Connell, 2021-16, 2420 N. North Park Boulevard, 8:0:0:1 (Carpenter Absent) (Agreement No. 2021-XXX) 5. 217 North Main Invest, LLC, 2021-19, 217 N. Main Street, 7:0:0:2 (Carpenter and Pena-Sarmiento i' ent) (-eement No. 2021-XXX) MINUTES: This -)nsent Item greement Nos. 2021-201, 2021-20Z 2021-203, 2021-204, 2021-. '5 were app, ied. 14. Approve a Third Amendment tr .xtend t� erm for the License Agreement with East End Realty Partnership, LP & _j WursthadW, R. to Allow Temporary Outdoor Dining Activities to Occur within Plaza Call o Department(s): Parks, Recreation, d Co nit Planning and Building Agency Recommended Action: Authorize the City Mr Ager to ite a third amendment to extend the term for the License Agreement .✓ith Ea, _nd Realty Partnership, LP and the Wursthaus Inc. to allow temporary outdoor, ng activities to occur within Plaza Calle Cuatro for the period December 1, 20 rough November 30, 2022, for an amount not to exceed $2,028, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-206 was approved. 15. Approve a Facilities Use Agreement with Rancho Santiago Community College District to Offer a Variety of Adult Education Classes and Enrichment Programs at Corbin Community Center, Santa Ana Senior Center, and Southwest Senior Center Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a facilities use agreement with Rancho Santiago Community College District to offer adult education classes and enrichment programs at Corbin Community Center, Santa Ana Senior City Council 113D — 10 10/29/2021 Center, and Southwest Senior Center for a term through September 1, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-207 was approved. 16. Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $100,000, and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $100,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1 I\pprove an appropriation adjustment (2022-043) to recognize Office of Traff; a. , (OTS) Pedestrian and Bicycle Safety grant funds in the amount of $100,0r n the C. ,-PWA Traffic Safety Grants, Federal Grants - Indirect revenue ar ,ant and app :)riate the same amount to the OTS-Bicycle Safety PWA, Contract r , vices -Profess ial expenditure account. (Requires five affirmative votes) 2. Authorize the City Ib._ Jpreee 9 one-year grant agreement (PS22025) with the State of California Office is SAty for Pedestrian and Bicycle Safety Program funds in an amountxcePk,"')0,000 for cone -year period beginning October 1, 2021 and endingh 0, subject to non -substantive changes approved by the City Man r i ttorne-'Agreement No. 2021- XXX). 3. Authorize the City Manager to execute agrer ant v ,'` - iaritable Ventures of Orange County, Inc. to provide bicycle safety e, .ration p . -es for a one-year period beginning October 19, 2021 and ending Octo, Jr 31, 2' .2, in an amount not to exceed $100,000, subject to non -substantive chanr approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement Nos. 2021-208 and 2021-209 were approved. 17. Approve an Agreement with AGA Engineering, Inc. for up to a Three-year Term in an Aggregate Amount Not to Exceed $70,000 to Provide an Engineering and Traffic Survey for Speed Limits Update (Project #22-6992) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with AGA Engineering, Inc. (AGA) to provide an Engineering and Traffic Survey for Speed Limits Update for a two-year term expiring October 18, 2023, with a provision for a one-year extension exercisable by the City Manager and the City Attorney, in a total City Council 1110 - 11 10/29/2021 amount not to exceed $70,000 which includes a contingency of $14,980, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-210 was approved. 18. Approve an Agreement with Bucknam Infrastructure Group, Inc. in an Amount Not to Exceed $91,000, for a Pavement Management Program Update (Project 21-6898) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Bucknam Infrastructure Group, Inc. for the Pavement Management Program Update in an amount not to exceed $r ' 000, which includes the base amount of $79,038 plus optional task and continr 41,T `$11,962, for a two-year term beginning October 19, 2021 and expiring Or' ,er 18, ",- 13, with a provision for two, one-year extensions, subject to non -sub, . hive changgapproved by the City Manager and City Attorney (Agreement No ,21-XXX). Aff MINUTES: This co. --f " = Ar .:ement No. 2021-211 was approved. 19. Adopt a Resolution Accepting, the 2021 4ndropriate itness Campaign Grant, Approve an Appropriation Adjustment to rec $60,000 in Grant Funds, Approve a Sole Source Purchase er tic 'P, ss Campaign, LLC for the Purchase of a Fitness Court at C and P la Pa Ks, and Amend the Fiscal Year 2021-2022 Capital Improvers ,t Pror n (Ne ,neral Fund) Department(s): Parks, Recreation, and Corr, .,inity S, cej Recommended Action: 1. Resolution No. 2021-Y A — Adopt a resolution accepting the 2021 National Fitness Campaign Grant of $3011V per site (Centennial Park and Portola Park) and agreeing to endeavor to provide $116,657.52 per site to fund the remaining purchase price of the Fitness Courts. 2. Approve an appropriation adjustment (2022-042) to recognize and appropriate $60,000 in grant funds from the National Fitness Campaign, LLC. (Requires five affirmative votes) 3. Approve a sole source purchase order to the National Fitness Campaign, LLC for a Fitness Court at Centennial and Portola Parks for an amount not to exceed $233,315.04 ($293,315.04 less grant of $60,000) to be funded by the Cannabis Public Benefit Fund, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include the Centennial Park Fitness Court and the Portola Park Fitness Court City Council 12 — 12 10/29/2021 projects. MINUTES: This consent Item - Resolution No. 2021-061 was approved. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to Approve Consent Calendar items 6 through 19 with the exception of Items 7 and 11. Councilmember Phan recused herself from Item 16 out of an abundance of caution. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass cND OF C NSENT CALENDAR** I%SIN' =-4LENDAR 20. Award a Construction Contra to iBuild Sec rn, Inc. in the Amount of $1,408,575, for the Campesino Park, Memorial d lison Park Restrooms Fiscal Year 2021-22 Projects, with an Estimatl rojeL., per ` $1,640,000, and Amend the Fiscal Year 2021-22 Capital Impi Progr roit Nos. 21-7533, 21- 7534, 21-7535) (Non -General Fund) (Re, a Sar . ne ''ram) Continued from the September 21, 2021 and .;tober 1 -02 i' City Council Meetings. Department(s): Public Works Agency and Parks, rcreation, and Community Services Recommended Action: 1. Award a construction contract to iBuild Spectrum, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,408,575, for construction of the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,640,000, which includes $1,408,575 for the construction contract, $91,072 for contract administration, inspection and testing, and a $140,353 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement City Council 113D — 13 10/29/2021 Program to add the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the total amount of $1,731,072, which includes $1,640,000 in construction funds and an additional $91,072 for preliminary design engineering. Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to Approve. YES: 6 — Bacerra, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez Status: 6-0-0— 1 — Pass 21. Resolution Denouncing COVID-19 Misinformation and its Detrimental Effects on Public Health Department(s): City Nn age, `ffice Recommended P an: Resolu No. 2021-XXX — Adopt a resolution denouncing COVID-19 misir in and d ring the detrimental effects that COVID-19 misinformation hG -)n public hr Moved by Councilmemwer Mer 011p". -econded by Mayor Sarmiento to Adopt. YES: 7 — Bacerra, Hernando.. , Lopez, Aw- Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:O Status: 7-0-0-0— Pass r **END OF BUSINESS CALE AR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 22. Adopt Resolution of Intention Revising Public Hearing Dates and Times and Hold First Public Hearing Regarding Redistricting Ward Boundaries Legal Notice published in the Orange County Register, La Opinion, Nguoi Viet, World Journal (Chinese Daily News) and The Korea Times by September 18, 2021. Resolution of Intention No. 2021-053 published in the Orange County Register on September 24, 2021 and October 1, 2021. First Public Hearing Adjourned from the October 5, 2021 City Council meeting. City Council 11C — 14 10/29/2021 Department(s): Clerk of the Council Office Recommended Action: 1. Adopt a resolution declaring the City's intention to consider changes to boundary lines of Wards and revising the time and place of said hearings to be held on October 19 at 7:00 p.m., November 2 at 7:00 p.m., November 15 at 5.00 p.m., and December 6, 2021 at 5.00 p.m. 2. Open and close the first public hearing seeking input regarding possible changes to the wards boundaries before proposed ward map(s) are drawn. MINUTES: Mayor Sarmiento opened the public hearing at 7:04 p.m. Clerk of the Council, Daisy Gomez, reported out on correspondence received for Item 22. Liz Stitt with Redistricting P Ytners provided a brief presentation. Victor Mendez prow' testimc, , on continuity. Mayor Sarmier ' Josed the put ; hearing at 7:27 p.m. Moved by Mayor Pro Tern Penal, a, sec.. .ed . cilmember Hernandez to Amend. YES: 7 — Bacerra, Hernandez, Lopez, Mende- , Phan. ' ,n, .oza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass Moved by Councilmember Mendoza, seconded by Mayor Sarmiento to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0 —0— Pass CITY MANAGER COMMENTS City Council 11ED — 15 10/29/2021 MINUTES: City Manager Kristine Ride provided comments regarding upcoming community events including, Boo at the Zoo, Trunk or Treat and the 5K Run. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra provided comments regarding various upcoming community events. Councilmember Hernandez oke , warding the Brandon Lopez incicent. Councilmember Men(' a spoke in sL )ort of SMART Local Union and provided other comments. Councilmember Phan spokt, . ,?din(- Atnamese Film Festival. Mayor Pro Tem Penaloza provide various cc, ... its. ADJOURNMENT —Adjourn the City Cour 'I meet Or MINUTES: Mayor Sarmiento adjourned the Ci±Co, 1/1 mee;" ,, ,t 11.22 p.m. City Council 11M — 16 10/29/2021 DRAFT Minutes of the Regular Meeting of the City Council and Housing Authority City of Santa Ana, California 1 November 02, 2021 SPECIAL CLOSED SESSION MEETING - 5:00 PM CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Mayor Pro Tern David Penaloza Mayor Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Special Closed Session item. SPECIAL CLOSED SESSION — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on City Council 11 — 1 1 2/la'2/2021 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. POTENTIAL INITIATION OF LITIGATION pursuant to § 54956.9(c): (One Case) MINUTES: Mayor Sarmiento called the Special and Regular Closed Session meetings to order at 5:08 p.m. Clerk of the Council conducted roll call. Mayor Pro Tern Penaloza joined the meeting at 5:10 p.m. and Councilmember Bacerra joined the meeting at 5:24 p.m. No public comments on Closed Session items. Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session items at 5:09 p.m. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special and Regular Closed Session meetings to order at 5:08 p.m. Clerk of the Council conducted roll call. Mayor Pro Tern Penaloza joined the meeting at 5:10 p.m. and Councilmember Bacerra joined the meeting at 5:24 p.m. No public comments on Closed Session items. Mayor Sarmiento recessed the portion of the meeting to consider Closed Session items at 5. 09 p.m. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain City Council 11 — 2 12/122/2021 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 REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Agency Negotiator: Steven Mendoza, Assistant City Manager Negotiating Parties: CEO Ronnie Sandoval, Civic Center Barrio Housing Corporation Under Negotiation: Price and terms related to the possible disposition/acquisition of real property interest. Address of Properties: Address Unit APN 1. 600 West Third St. A, 208 937-920-63 2. 600 West Third St. A, 309 937-921-24 3. 600 West Third St. A, 312 937-921-37 4. 600 West Third St B, 310 937-921-51 5. 721 West First St. F, 102 937-922-19 6. 600 West Third St. A, 204 937-920-70 7. 700 West Third St. A, 318 937-922-95 8. 700 West Third St. A, 220 937-922-40 9. 700 West Third St. B, 209 937-922-59 10. 721 West Third St. F, 203 937-922-79 11. 601 West First St. F, 202 937-921-21 12. 701 West Third St. D, 201 937-922-71 13. 711 West First St. E, 101 937-922-15 14. 700 West Third St. B, 102 937-922-05 15. 700 West Third St. B, 108 937-921-99 16. 700 West Third St. B, 117 937-921-90 CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session item(s) at 5:09 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Regular Closed Session meeting at 5:50 p.m. and convened to the Regular Open Session. City Council $1 — 3 1 211L2/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:06 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Matt Doan CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony for Outstanding Contributions to Arts and Culture. MINUTES: Certificate of Recognition to Pacific Symphony postponed to a future meeting. 2. Certificate of Recognition presented by Councilmember Hernandez to Dance 4:13 Competition Team in recognition for their top placements in the Spotlight 2021 Nationals and their Outstanding Contributions to Performing Art: Andrea Cerda, Amanda Campos, Abigail Valdivia, Sara Lopez, Paulina Sigala, Joscelyn Martinez, Samara Ocampo, Vanessa Gallegos, Lauren Charman and Jessica Vela. 3. Certificate of Recognition presented by Councilmember Lopez to the Santa Ana High School District's Navy Junior Reserve Officers Training Corps for Outstanding Contributions to Education. STAFF PRESENTATIONS 4. COVID-19 Update in the Community. MINUTES: Management Assistant Daniel Soto provided a brief update. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho reported out on the special closed session of potential or anticipated litigated item regarding the County of Orange's redistricting procedure and that the Council unanimously approved 7-0 to sign a letter by the entire Council to ensure compliance of the Voting Rights Act. Consent Calendar Item 6 was heard out of order at this time, prior to public comments. City Council 41 — 4 12/122/2021 PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. NOTE: Redistricting Public Hearing Item #27 will be heard at 7:00 p.m. Non -Agenda Ecomment MINUTES: Skeith De Wine, representing Da Vinci Institute of Discovery, spoke regarding the benefits of an outdoor cinema venue. Octavio Cesar Martinez, representing Recicladores Unidos, spoke regarding the benefits of local recycling and requested for Council support. Madeleine Spencer, representing Santa Ana Business Council, spoke in support of Item 18 and requested for additional Council support. Ryan Smolar, representing Downtown Inc., spoke in support of Item 18. Danny Vega requested for regular homeless updates at City Council meetings similar to COVID-19 updates. Dale Helvig requested that Council to adjourn in memory of Veterans Day, spoke regarding Item 21 to allow neighborhood associations to use school facilities; spoke in support of Item 25 and requested that public comments not be shortened. Carl Benninger spoke in support of Item 19, the COM-Link meeting held on November 18, 2021, the concerns of not being able to use school facilities to hold neighborhood meetings, in support of State investigation regarding Brandon Lopez; and concerns of Bristol Street closure. Alberta Christy spoke regarding Item 21 to allow neighborhood associations to use school facilities. Redistricting Public Hearing Item #27 was considered at this time. Victor Mendez spoke regarding concerns on Item 13, in opposition to Item 23 due to discrepancies, and in support of Item 25. Victor, representing Media Arts Santa Ana, announced local events and expressed concern with the selection of the South Main Public Art initiative. Clerk of the Council Daisy Gomez reported out on correspondence received. City Council 51 — 5 12/122/2021 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 23. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Appoint Emily Tucker Nominated by Mayor Sarmiento as the Mayoral Representative to the Youth Commission for a Full -Term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Emily Tucker to the Youth Commission as the City - Wide representative and administer Oath of Office. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza to appoint. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tern, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0—Pass MINUTES: Item 6 was considered out of order prior to public comments. Clerk of the Council Daisy Gomez administered the oath of office to Emily Tucker, Youth Commissioner. 7. Quarterly Report for Housing Division Projects and Activities for the period of July 2021 — September 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 2021 — September 2021. 8. Nonprofit Community Development Block Grant Application Process for Fiscal Years 2022-2024 Department(s): Community Development Agency Recommended Action: Approve the nonprofit Community Development Block Grant City Council V — 6 121I22/2021 application and scoring criteria for Fiscal Years 2022-2024. 9. Approve a Sole Source Purchase Order to RobotLAB for the Purchase of Two Robots and Software Licenses, Three STEM Labs and 10 Virtual Reality Units (Revive Santa Ana Program) Department(s): Library Recommended Action: Approve a sole source purchase order to RobotLAB for the purchase of two robots and software licenses for $48,089.97, three STEM labs for $49,470 and 10 virtual reality units for $9,015 for a total amount of $106,574.97, subject to non -substantive changes approved by the City Manager and City Attorney. 10. Approve Appropriation Adjustment to Program Year 2021-22 Budget for the Workforce Innovation and Opportunity Act Programs (Non -General Fund) Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment (2022-046) to the Title I Workforce Innovation and Opportunity Act for Program Year 2021-22 to reduce the budget in revenue account by $10,083 and increase the budget in expenditure accounts by $9,307 to match the grant award total amount allocated by the State Employment and Development Department. (Requires five affirmative votes) 11. Approve Appropriation Adjustments to Recognize Special Fees from the U.S. Department of Housing and Urban Development for the Veterans Affairs Support Housing (HUD-VASH) and Foster Youth to Independence (FYI) Programs (Contingent upon approval of Housing Authority Item #3) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment (2022-045) recognizing the HUD-VASH Special Fees award in the amount of $84,017 in revenue account and appropriating the same amount to expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment (2022-045) recognizing the FYI Special Fees award in the amount of $84,017 in revenue account and appropriating the same amount to expenditure account. (Requires five affirmative votes) MINUTES: Councilmember Phan recused herself from Item I I due to a conflict of interest with employer. 12. Approve Appropriation Adjustment and Award a Construction Contract to HYM Engineering in the Amount of $5,289,238 for the Santa Ana Zoo Giant River Otter and Primate Trails FY 2021-22 Project with an Estimated Project Delivery Cost of $6,600,000 (Project No. 16-2658) (Non -General Fund) Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Award a contract and authorize the City Manager to City Council T1 — 7 12/22/2021 execute a construction contract with HYM Engineering, the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails project, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment (2022-044) to recognize $600,000 in donations from Friends of the Santa Ana Zoo into the PRCSA Fee & Donation, Gifts & Donations revenue account and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes) 3. Approve an appropriation adjustment (2022-044) to recognize $3,108,060.79 from prior -year fund balance in the Residential Development District 3, Acquisition & Development, Prior -Year Carry Forward revenue account and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include in construction funds, $600,000 from the PRCSA Fees & Donation Fund, and $3,108,060.79 from the Residential Development District 3, Acquisition & Development Fund, for the Santa Ana Zoo Giant River Otter and Primate Trails project (No. 16-2658), for and total project budget increase of $3,708,060.79. 13. Approve Appropriation Adjustment to Provide Construction Engineering Services funding for the SR-55/Ritchey Street Water Improvement Projects in the Amount of $1,000,000 and Approve an Agreement with Berg & Associates, Inc. to Provide Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Projects in an Amount Not to Exceed $1,000,000 for a Three -Year Term (Project Nos. 19-6438, 19-6439, 19-6440) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-047) to recognize $1,000,000 in reimbursement obligation funds from OCTA, as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reim bursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an agreement with Berg & Associates, Inc. to provide Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Project, for a three-year term beginning November 2, 2021, and expiring on November 1, 2024, with provisions for two, one-year extensions exercisable by the City Manager and City Attorney, in the amount of $885,279.92, with an approximate 13-percent contingency of $114,720.08, for a total amount not to City Council $1 — 8 12/122/2021 exceed $1,000,000.00, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-212 was approved. 14. Approve Amendment to the Agreement with Enlightened Pictures, Inc. for the Development of Planning Informational Videos for a Total not to Exceed $96,865 (Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Enlightened Pictures, Inc. for one year ending November 16, 2022, increase compensation by $14,615 for a total not to exceed amount of $96,865 for planning informational videos, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-213 was approved. 15. Approve a Cooperative Agreement with Orange County Transportation Authority and Partnering Cities for the First Street / Bolsa Avenue Corridor Traffic Signal Synchronization Project, in an Amount Not to Exceed $370,642 (Project 22-6993) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Cooperative Agreement (C-1-3598) with the Orange County Transportation Authority and the cities of Huntington Beach, Tustin, Westminster, and the County of Orange, which identifies each participating agency's roles and responsibilities, including Santa Ana's match requirement of $370,642, to implement the First Street / Bolsa Avenue Corridor Traffic Signal Synchronization Project, for the term beginning upon full approval of the agreement by all parties and effective until December 31, 2026, with the option to be extended by mutual consent of all parties, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Councilmember Phan recused herself from Item 15 due to a conflict of interest with employer. This consent Item - Agreement No. 2021-214 was approved. 16. Approve an Agreement with Healthy Outcomes, Inc. DBA Balancing Act in an Amount not to Exceed $55,000 for a Subscription and Support Services Agreement (General Fund) City Council 91 — 9 12/122/2021 Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Healthy Outcomes, Inc., DBA Balancing Act for a three-year period effective November 3, 2021, with an option to extend for up to two one-year renewals exercisable by the City Manager and City Attorney, not to exceed $55,000 over the entirety of the five-year period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-215 was approved. 17. Approve and Launch the New "My First Home" Program with a One -Time Allocation of $1,200,000 from the Inclusionary Housing Fund (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to launch the new "My First Home" Program. 2. Authorize the City Manager to execute Loan Agreements with qualified and approved homebuyers for the "My First Home" Program, subject to non —substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). MINUTES: Housing Division Manager Judson Brown responded to questions regarding the down payment assistance program. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Mendoza to approve the item. However, a substitute motioned by Councilmember Phan and seconded by Mayor Sarmiento considered. This consent Item - Agreement No. 2021-216 was approved. Moved by Councilmember Phan, seconded by Mayor Sarmiento to approve Substitute Motion to approve the item with the amendment to add the condition that if the borrower chooses to sell the property and not purchase another property within one year of the sale in the city that 5% of the profits go back to the City of Santa Ana. YES: 5 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 2 — Mendoza, Councilmember, — Bacerra, Councilmember ABSTAIN: 0 ABSENT: 0 Status: 5-2 — 0-0— Pass City Council 10 — 10 12Q2/2021 18. Adopt Resolution of Intent to Levy 2022 Assessment for Downtown Santa Ana Business Improvement District Department(s): Community Development Agency Recommended Action: 1. Approve the 2022 Assessment Report for the Downtown Santa Ana Business Improvement District (BID), which is administered by two organizations: the Santa Ana Business Council and Downtown Incorporated. 2. Resolution No. 2021-XXX — Adopt a resolution of intention to levy an annual business license tax assessment for the 2022 calendar year and establish a time and place for a public hearing to be held by the City Council on December 7, 2021. MINUTES: This consent Item - Resolution No. 2021-063 was approved. 19. Adopt Resolution Approving Revised Environmental and Transportation Advisory Commission Bylaws Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX — Adopt a resolution whereby the City Council declares newly revised bylaws for governance over the business matters of the Environmental and Transportation Advisory Commission. MINUTES: Executive Director of Public Works Agency Nabil Saba responded to questions Council regarding the Environmental and Transportation Advisory Commission (ETAC) bylaws. Councilmember Bacerra requested that formal recommendations from ETAC be brought to Council. This consent Item - Resolution No. 2021-065 was approved. Moved by Councilmember Bacerra, seconded by Councilmember Hernandez to approve. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 20. Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Well 38 Water City Council 11 — 11 12112212021 Treatment Project Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX —Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation, Sustain and Manage America's Resources for Tomorrow Drought Response Program Grant for the Well 38 Water Treatment Project, in an amount of up to $2,000,000. MINUTES: This consent Item - Resolution No. 2021-064 was approved. 21. Status and Future Option for Neighborhoods to Access School Facilities at Santa Ana Unified School District Schools for Neighborhood Association/Community Meetings Department(s): City Manager Office, Planning and Building Agency Recommended Action: Receive and file. MINUTES: Councilmembers Bacerra, Lopez, Mendoza, Phan, Mayor Pro Tem Penaloza, and Mayor Sarmiento expressed concern of the fees imposed for access to school facilities and encouraged residents to voice their concern to the Santa Ana Unified School Board of Trustees. This item was received and filed. 22. Authorize to File and Prosecute Receivership Petitions and a Nuisance Abatement Action Against Owners of Real Properties Located in the City of Santa Ana Department(s): City Attorney's Office Recommended Action: Authorize the filing and prosecution of receivership petitions and a nuisance abatement action against the owners of the following real properties: 1. 2901 Lingan Lane — Receivership Petition 2. 930 N. Dianne Street — Receivership Petition 3. 2639 W. 1 st Street — JC Tires — Public Nuisance 23. City Attorney Evaluation and Restated Legal Services Agreement with Best Best and Krieger LLP to reflect positive performance evaluation conducted on October 5, 2021 Department(s): City Attorney's Office Recommended Action: Authorize the Mayor, on behalf of the Council, to execute the Restated Legal Services Agreement with Best Best and Krieger LLP for City Attorney and Special Counsel Legal Services (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-217 was approved. Moved by Councilmember Hernandez, seconded by Councilmember Bacerra to City Council 12 — 12 12A22/2021 approve Consent Calendar Items 5 — 23 with the exception of 17, 19, and 21. Councilmember Phan recused herself from Items 11 and 15 due to a conflict of interest with employer. Item 6 was considered after the closed session was reported. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 24. Ordinance Amending Chapter 36 of the Santa Ana Municipal Code for Placement of Parking Meters Next to Class IV Bikeways Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Chapter 36 of the Santa Ana Municipal Code to allow motorists parked along Class IV bikeways to pay the parking meter located on the sidewalk Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Bacerra to approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass 25. Options to Streamline City Council Meetings Department(s): Clerk of the Council Office and City Manager's Office Recommended Action: Accept informational report and provide direction to staff. MINUTES: Clerk of the Council Daisy Gomez provided a brief summary of the item and Council provided input to city staff. Councilmembers Bacerra, Hernandez, Lopez, Mendoza, Phan, Mayor Pro Tem City Council 1$ — 13 12Q2/2021 Penaloza, and Mayor Sarmiento spoke in support of holding special meetings and isolating items of interest in opposition to reducing the individual's public comment time. Councilmembers Bacerra, Hernandez, and Mendoza spoke in support of having a curfew at 11:00 p.m. Councilmember Lopez spoke in support of not pulling Consent Calendar items, meeting with staff to ask the technical questions, Council comments should be kept within three minutes, Robert's Rules of Order refresher training, and limiting number of items on the agenda. Mayor Pro Tern Penaloza spoke in support of taking public comments during the respective items time of discussion, Robert's Rules of Order refresher training, and creating a survey for public input. Councilmember Mendoza spoke in support of not pulling Consent Calendar items, meeting with staff to ask the technical questions. Councilmembers Phan and Hernandez spoke in support of having non -agenda items listed at the end of the agenda, having all of the comments for agendized items at the beginning of the agenda, special and adjourned meetings scheduled on Thursdays, reorganize the agenda in the following order: Business Calendar, Public Hearing, then Consent Calendar. Mayor Sarmiento spoke in support of all the input provided by members of the Council with the exception of the curfew. 26. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and all Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2021-XXX —Adopt resolution to consider continuing the use of teleconferencing for the meetings of City Council and all boards, committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the next 30 days. Moved by Councilmember Phan, seconded by Councilmember Bacerra to approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass MINUTES: This Business Item - Resolution No. 2021-066 was approved. City Council 14 — 14 12/112/2021 **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 27. Hold Second Public Hearing Regarding Redistricting Ward Boundaries Resolution of Intention No. 2021-060 published in the Orange County Register on October 23 and 30, 2021. Department(s): Clerk of the Council Office Recommended Action: Open and Close the second public hearing seeking input regarding possible changes to the wards boundaries before proposed ward map(s) are drawn. MINUTES: Item was heard during the public comment period at 7:00 p.m. Sophia Garcia with Redistricting Partners provided a presentation. Mayor Sarmiento opened the Public Hearing at 7:30 p.m. Elizabeth Martinez identified her community of interest to include Latinos, Spanish - speakers, social justice, immigration support, support labor rights, same economic status, medical and public transportation needs, west of Santa Ana has Vietnamese communities, and is in support of the legal -driven maps. Karen Alvarado, representing OCCCO, requested that Council extend the redistricting process timeline to gather necessary input and capture all communities of interests. Dale Helvig noted map is missing the newly annexed portion. Clerk of the Council Daisy Gomez noted that all written communications and maps received are available at santa-ana.org/redistricting website and must be kept for ten years. Media Arts Santa Ana spoke in support of drawing boundary lines that are equitable to parks and other amenities and to extend the redistricting process timeline as needed. Ana Charco, representing Latino Health Access, identified communities of interest to include the low-income, Asian, and tenant (rental and mobilehome) communities; and spoke in support of extending the redistricting process timeline and outreach beyond social media. City Council 11— 15 12/122/2021 Araceli Robles, resident of the east side of the city on Pine Street, requested additional community involvement and to extend methods of reaching out to the community. Sarai Arpero, representing Latino Health Access, spoke on the need of medical support, public transportation, housing justice, education, linguistic access, and requested to extend various methods of reaching out to the community. Clerk of the Council Daisy Gomez announced additional outreach meetings. Councilmember Phan recommended the public to use DistrictR mapping tool. Sophia Garcia with Redistricting Partners provided information regarding the redistricting criteria. Councilmember Phan inquired about outreach methods. Councilmember Lopez agrees with additional outreach meetings and agrees to extend the timeline. Mayor Pro Tem Penaloza suggests that redistricting process can be highlighted at city events. Mayor Sarmiento suggested sending text messages along with provided information in the water bill and that the deadline be included on the PowerPoint presentation. Mayor Sarmiento closed the public hearing at 8:01 p.m. The balance of agenda and non -agenda public comment was considered at this time. COUNCILMEMBER REQUESTED ITEMS 28. Discuss and Consider Directing the City Manager to Direct City Staff to Appropriate Existing AB 2766 Funds Towards Providing City of Santa Ana Residents a Discount of up to 30% on OCTA Bus Regular 30-Day Passes as an Incentive to Use Local Public Transportation in Order to Reduce Traffic Congestion and Reduce the Burning of Fossil Fuels and Atmospheric Carbon Dioxide Levels that Cause Climate Change — Councilmember Bacerra MINUTES: Majority of council spoke in support of the item. 29. Discuss and Consider Directing the City Manager to Schedule a City Council Presentation on the Advantages and Disadvantages from Implementation of a Rent Stabilization Local Ordinance — Councilmember Mendoza City Council 1$ — 16 12/122/2021 MINUTES: Councilmember Mendoza requested that staff bring an unbiased urban planner to educate residents and stakeholders on the advantages and disadvantages of implementing the rent stabilization ordinance. No other member of the Council provided input. CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza announced the next few redistricting community meetings, bike lane project meeting, and announced the services provided during Veteran's Day. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra made announcements of holding office hours Saturday, November 10, 2021, the California Interscholastic Federation (CIF) playoffs, and requested colleagues to adjourn the Council meeting in honor of Veteran's Day. Councilmember Hernandez concurred to adjourn the Council meeting in honor of Veteran's Day, provided a brief report regarding the Orange County Sanitation District, and discussed the loss of his cousin Brandon Lopez. Councilmember Lopez concurred to adjourn the Council meeting in observance of Veteran's Day, provided a brief report regarding The Cambodian Family and other community events. Councilmember Mendoza concurred to adjourn the Council meeting in observance of Veteran's Day and provided historical information. Councilmember Phan concurred to adjourn the Council meeting and recognized Councilmember Mendoza, families, undocumented, and LGBTQ who served and sacrificed as a veteran. Mayor Pro Tem Penaloza made announcements regarding the upcoming Wilshire Square and Heninger Park neighborhood meetings, reminded everyone of daylight savings on Sunday, November 7, 2021, and enjoyed the dia de los muertos altars. Mayor Sarmiento made announcements regarding honoring veterans, Attorney General's visit, and referendum information. City Council 1 T — 17 12/122/2021 ADJOURNMENT —Adjourn the City Council meeting and convene to the Housing Authority meeting. Future Items 1. Housing Opportunity Ordinance 2. Mental Health Mobile Outreach Services 3. Events Policy 4. Sunshine Ordinance Amendments 5. General Plan Update MINUTES: Mayor Sarmiento adjourned the Council meeting at 10:13 p.m. HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Housing Authority meeting to order at 9:43 p.m. Clerk of the Council Daisy Gomez conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments on Housing Authority items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences City Council 1 S — 18 12/122/2021 Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Quarterly Report for the Housing Choice Voucher Program for the Period of July 2021 to September 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 2021 to September 2021. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Lopez to approve. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 3. Approve Two Agreements with the Orange County United Way to Provide Housing Stabilization Services and Supportive Services for the HUD -Veterans Affairs Support Housing Program (HUD-VASH) and Foster Youth to Independence (FYI) Programs (Contingent upon approval of City Council Item #11) Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute two (2) agreements with the Orange County United Way to provide housing stabilization and supportive services beginning November 2, 2021 and expiring June 30, 2023, for a total amount not to exceed $168,034 subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. MINUTES: Councilmember Phan recused herself due to a conflict of intrest. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Lopez to approve. City Council 19 — 19 12/122/2021 YES: 6 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 1 — Phan, Councilmember ABSENT: 0 Status: 6-0— 1 —0— Pass **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 9:45 p.m. City Council VD — 20 12/ 2/2021 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California 4 November 15, 2021 SPECIAL OPEN MEETING - 5:00 PM CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 SPECIAL OPEN MEETING CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special Open Session meeting to order at 5:08 p.m. ROLL CALL MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento PUBLIC COMMENT — Members of the public may address the City Council only on items listed on the Special Meeting Agenda. Comments for the public hearing will take place after City Council Minutes 1 11/15/2021 City Council 12 — 1 12/21/2021 the hearing is opened. PUBLIC HEARINGS 1. Hold Third Public Hearing Regarding Redistricting Ward Boundaries Resolution of Intention No. 2021-060 published in the Orange County Register on October 23 and 30, 2021 Department(s): Clerk of the Council Office Recommended Action: Open and Close the third public hearing seeking input regarding the content of the draft map(s). MINUTES: Mayor Sarmiento opened the public hearing at 5:10 p.m. Clerk of the Council Daisy Gomez provided a brief presentation. Sophia Garcia, GIS and Outreach Director with Redistricting Partners, provided a presentation. Ana Charco, representing Latino Health Access, spoke regarding community of interests, recommended the Council to keep in consideration when approving the final map, and requested extension on the timeline. Tim Johnson, resident of Ward 3, spoke in opposition to draft maps labeled B and C. Jesus Santana spoke regarding the Sullivan community as a community of interests and requested extension on the timeline. Araceli Robles spoke regarding the necessary resources to be able to participate. Manny Escamilla encouraged the Council to consider local or non -citizens elections. Council discussion ensued and direction provided to staff. Mayor Sarmiento requested for the draft maps to be clearer in borders and changes in order to differentiate the maps; spoke in support of equal distribution of community enriching areas (parks, schools, and community centers), add other types of data including single/rental households and income levels, add other layers to identify neighborhoods and possibly county, state, and federal lines. Councilmember Bacerra requested the Clerk of Council Daisy Gomez and consultant to fix and create a more user friendly redistricting website and to hold more public input workshops. Councilmember Hernandez, Mayor Pro Tem Penaloza, Councilmember Bacerra did not support draft maps B and C. Councilmember Hernandez spoke in opposition of cutting Santa Anita neighborhood in half and in support of keeping the Sullivan to Main Street community together. City Council Minutes 2 11/15/2021 City Council 12 — 2 12/21/2021 Councilmember Phan spoke in support of keeping the Delhi, Washington Square, and park communities (Westfall Park, Floral Park, and Park Santiago) together; and requested the Clerk of the Council Daisy Gomez to include redistricting as an agenda item on a regular Council meeting for more awareness and public input. Councilmember Lopez spoke in support of keeping the Cambodian population in the east side and Sullivan community together and extending the redistricting timeline. The Council unanimously requested more maps to be provided at the next meeting. Mayor Sarmiento closed the public hearing at 5:40 p.m. ADJOURNMENT —Adjourn the Special City Council meeting. MINUTES: Mayor Sarmiento adjourned the Special City Council meeting at 6:20 p.m. City Council Minutes 3 11/15/2021 City Council 12 — 3 12/21/2021 DRAFT Minutes of the Regular and Special Housing Authority Meeting of the City Council Cit of Santa Ana California November 16, 2021 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:08 p.m. Clerk of the Council conducted roll call. All councilmembers were present. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. City Council 113 — 1 12/26/2021 MINUTES: No public comments on Closed Session items. 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: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) C. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session item(s) at 5:1Op. m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6.02 p.m. and convened to the Regular Open Session. City Council 0 3 — 2 12/26/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:07 p.m. ROLL CALL MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Penaloza led the pledge of allegiance. INVOCATION CEREMONIAL PRESENTATIONS Rupert Vega, Police Chaplain 1. Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony for Outstanding Contributions to Arts and Culture. 2. Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American Heritage Month. MINUTES: Item 3 considered prior to Item 2. 3. Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan, posthumously, for his Outstanding Service to our Country. STAFF PRESENTATIONS 4. Homeless Update MINUTES: City Manager Kristine Ridge provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced that there was no reportable action. City Council 313 — 3 1 2/26/2021 PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Jennifer Daley, Filmmaker from Los Angeles, spoke regarding a reported injustice done to Jason Wildman. Jason Wildman spoke regarding his conviction. Chad Koeger spoke regarding the cliff erosion issue in Santa Barbara. JT Parr spoke regarding the cliff erosion issue in Santa Barbara. Oscar Rodriguez, resident of Huntington Beach, requested that Council support the opposition of the proposed desalination project in Huntington Beach by Poseidon Resources Corporation. Vern Nelson, resident of Anaheim, requested that Council support the opposition of the proposed desalination project in Huntington Beach by Poseidon Resources Corporation. John Murphy provided an update on Kingspan's current effort in opposing the forming of a union. Claire Braeburn, representing America on Track, spoke in support of Item 30. Cecy Rivera spoke in support of Item 30. Eder Lopez spoke in support of Item 30. Hugo spoke in support of Item 30. Daniela Hernandez spoke in support of Item 30. Sonia spoke in support of Item 30. Catalina Iniestra spoke in support of Item 30. Veronica Garcia spoke in support of Item 30. Tony Viramontes, Director of Health and Prevention Services at LGBTQ Center Orange County, spoke in support of Item 30. Victor Mendez spoke in support of Item 26 and requested to extend services to senior citizens City Council 413 — 4 1 2/26/2021 Apolonio Cortez spoke in support of Item 27. Clerk of the Council Daisy Gomez reported out on correspondence received. Nicole Turkson, African American Tabacco Control Leadership Council, spoke in support of Item 30. Tim Gibbs spoke in support of Item 30. Lori Bremner spoke in support of Item 30. Jason Hall, Heart Association of Orange County Board Member, spoke in support of Item 30. Lynda Barbour spoke in support of Item 30. Carl Benninger spoke in support of Item 30 and support the opposition of the proposed desalination project. Karla Juarez spoke in support of Item 30 and Item 27; spoke regarding the conflicting information stated by signature gatherers to sign the rent control and just cause referendum petitions. Ana Ursua spoke in support of Item 27. Jaime Rojas spoke in support of modifying the recommended ordinance in Item 30. Emily Gloria -Parrs spoke in support of Item 30. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36-400 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING First reading at the November 2, 2021 City Council meeting and approved by a vote of 7-0. City Council 513 — 5 12/26/2021 Published in the Orange County Reporter on November 5, 2021. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3011 was approved. 7. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2021 to September 30, 2021, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. 8. Receive and File Quarterly Report of Investments as of September 30, 2021 Department(s): Finance and Management Services Recommended Action: Receive and file. 9. Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed $300,000 Over the Two -Year Term, with Three One -Year Renewal Options (Specification No. 21-101) (General Fund) Department(s): Police Department Recommended Action: Award blanket order contracts to JC Dental Supply and Medzon Health to provide nitrile examination gloves for a two-year period beginning November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount of $150,000 for a total aggregate amount not to exceed $300,000 over the two-year period, with provisions for three one-year renewals by mutual agreement. Subject to non -substantive changes approved by the City Manager and City Attorney. 10. Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21- 053) (Non -General Fund) Department(s): Public Works Agency, Police Department Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police Department, for a total amount not to exceed $1,068,909.50 (including a $20,000 contingency), subject to non -substantive changes approved by the City Manager and City Council 613 — 6 1 2/26/2021 City Attorney. 11. Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal Periods (Specification No. 20-007) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba Lehr Auto Electric) for police vehicle conversion equipment and installation services by increasing the contract renewal amount $250,000, for an annual amount not to exceed $450,000 and a total contract amount not to exceed $1,350,000 for the remaining three, one-year renewal periods, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Amend Purchase Order Contract with All American Asphalt to Increase the Annual Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18-092) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair, to increase the annual amount by $147,800, for a total annual amount not to exceed $697,800, for the remaining term of the agreement ending on November 30, 2021, with two optional one-year renewal options exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of $360,183, for the Omnibus Concrete Repairs FY 2021-22 Project, with an Estimated Project Delivery Cost of $594,210.50 (Project No. 22-6970) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to CJ Concrete Construction, Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021- 22, for the term beginning January 3, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $594,210.50, which includes $360,183 for the construction contract; $54,027.50 for contract administration, inspection and testing; and a $180,000 project contingency for unanticipated or unforeseen work. 14. Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021- City Council 713 — 7 1 2/26/2021 22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21- 6466) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Stephen Doreck Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main Improvements FY 2021-22 Project, for the term beginning January 3, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,645,105, which includes $1,265,465 for the construction contract; $189,820 for contract administration, inspection and testing; and $189,820 in project contingency for unanticipated or unforeseen work. 15. Approve an Agreement with Service First Contractors Network dba Service First for Fountain Maintenance Services located at the Downtown Civic Center, including Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1 Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation Center (1 Fountain) (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Service First Contractors Network dba Service First to provide fountain maintenance services in an annual amount not to exceed $106,170, which includes a 20% contingency, for a term from January 1, 2022 through December 31, 2023, with two, one-year renewal options for a total amount not to exceed $424,680, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-218 was approved. 16. Agreement with Patrol Solutions, LLC for unarmed security guard services for Downtown Santa Ana and Civic Center area (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and Civic Center area, for a one-year term, in the amount of $185,990, beginning November 16, 2021 through November 15, 2022, with an option of two one-year extensions, for a total aggregate amount not to exceed $545,000, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 813 — 8 1 2/26/2021 Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Bacerra to approve with consideration to include patrolling the Birch Park area. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass MINUTES: This consent Item - Agreement No. 2021-219 was approved. 17. Approve Agreements with Santolucito Dore Group, Inc., Integra Realty Resources, and Hennessey & Hennessey LLC for On -Call Property Appraisal Services in an Amount Not to Exceed $449,500, for a Three -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Santolucito Dore Group, Inc., to provide completion of final close-out work per Caltrans requirements and property appraisal services, on an as needed basis, in an amount not to exceed $149,500, for a three-year term beginning November 16, 2021 and expiring November 15, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute agreements with Santolucito Dore Group, Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide right-of- way property appraisal services, in a shared aggregate amount not to exceed $300,000, for a three-year term beginning November 16, 2021 and expiring November 15, 2024, with an option for two, one-year extensions, subject non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement Nos. 2021-220 and 2021-221 were approved. 18. Approve Agreements with Monument ROW and Overland, Pacific & Cutler for On -Call Right -of -Way Specialty Services - Acquisition and Relocation Services - in an Amount Not to Exceed $649,500 for a Three -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Monument ROW to provide completion of final close-out work per Caltrans City Council 913 — 9 1 2/26/2021 requirements, acquisition maintenance, and a relocation assistance program, in an amount not to exceed $149,500 for a three-year term beginning November 16, 2021, and expiring November 15, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute agreements with Monument ROW and Overland, Pacific & Cutler LLC to provide completion of final close-out work, acquisition maintenance, and a relocation assistance program, in a shared aggregate amount not to exceed $500,000 for a three-year term beginning November 16, 2021, and expiring November 15, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement Nos. 2021-222 and 2021-223 were approved. 19. Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo Sewage Lift Station Project (Project No. 06-3510) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project and be responsible for the completion of all work in accordance with the contract subject to non -substantive changes approved by City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-224 was approved. 20. Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for Debit and Credit Card Merchant Payment Processing Services, including Europay, MasterCard, Visa and e-Commerce Gateway Transaction Integration and Support in the Amount not to Exceed $172,500, which Includes a General Contingency of $22,500 Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a renewal agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and credit card payment processing services, including Europay, MasterCard, and Visa and e-Commerce gateway transaction integration and support in an amount not to exceed $172,500, which includes a general contingency of $22,500. The renewal agreement shall commence November 16, 2021, and expire June 30, 2022, and will cover all services provided by Consultant since July 1, 2021, subject to non - substantive changes approved by City Manager and City Attorney (Agreement No. City Council 11B — 10 12/26/2021 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-225 was approved. 21. Approve an Amendment to Agreement with Salvation Army to Operate a Temporary Shelter at the Hospitality House for One Additional Month (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute: 1. An amendment to the agreement with Salvation Army to continue to operate a temporary shelter at the Hospitality House through January 31, 2022 for an additional amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. A first amendment, and any future amendments, to the agreement with Salvation Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG- CV) funds to operate the shelter at the Hospitality House through January 31, 2022, for a total aggregate amount not to exceed $910,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement Nos. 2021-226 and 2021-227 were approved. 22. Approve a Second Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional Months Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton Recuperative Care Center for up to an additional two months through January 31, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No.2021-XXX). MINUTES: This consent Item - Agreement No. 2021-228 was approved. 23. Adopt a Resolution Approving the Events Permit Policy, including Park Facility Permits, Film Permits, Land Use Certificates, and Special Event Permits Department(s): Parks, Recreation, and Community Services City Council 1113 — 11 1 2/26/2021 Recommended Action: Resolution No. 2021-XXX —Adopt a Resolution approving the Events Permit Policy, including park facility permits, film permits, land use certificates, and special event permits. MINUTES: Executive Director of Parks, Recreation, and Community Agency Lisa Rudloff provided a brief presentation. Council discussion ensued. Moved by Councilmember Hernandez, seconded by Mayor Sarmiento to continue the item to the December 21, 2021 City Council meeting with the miscellaneous fees resolution. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 24. Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2022-2023 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Resolution Nos. 2021-XXX and 2021-XXX— Adopt Resolutions Authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2022 Call for Projects (Agreement Nos. 2021-XXX and 2021-XXX). 2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2022-23. MINUTES: This consent Item - Resolution Nos. 2021-067 and 2021-068 were approved. This consent Item - Agreement Nos. 2021-230 and 2021-231 were approved. 25. City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance Evaluation Conducted on October 19, 2021 and Approving an Amended Annual Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019-111 to Effect Certain Changes to the City's Master Salary Schedule in Conformance with Title 2 of the California Code of Regulations Section 570.5 and the California Public Employees' Retirement System (CaIPERS) City Council 1123— 12 12/26/2021 Department(s): Human Resources Recommended Action: 1. Resolution No. 2021-XXX —Adopt a Resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and 2. Resolution No. 2021-XXX — Adopt a Resolution amending Resolution No. 2019- 111 to effect certain changes to the City's Master Salary Schedule in Conformance with Title 2 of the California Code of Regulations Section 570.5 and the California Public Employees' Retirement System (CaIPERS). MINUTES: This consent Item - Resolution Nos. 2021-069 and 2021-070 were approved. MINUTES: Mayor Sarmiento announced for Item 25 that pursuant to Government Code section 54953 the resolution is reflecting the positive performance evaluation of the City Manager conducted on October 19, 2021 and approving an amended annual salary for the City Manager in accordance with existing agreement. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to approve Consent Calendar Items 5 — 25 with the exception of 16 and 23. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0—Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 26. Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident Stimulus Program (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment to reallocate $2,600,000 from the ARPA-FMSA Reserve Appropriations account (no. 18110013- City Council 1S — 13 12/26/2021 69001) to the ARPA-CDA expenditure account (nos. 18118013-various) for the Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes) 2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the purchase of 20,000 $300 pre -paid visa cards. MINUTES: Community Development Agency Economic Specialist Sylvia Vazquez provided a brief presentation. Moved by Mayor Sarmiento, seconded by Councilmember Phan to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass 27. Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy, and Publishing Timeline for City Council Meeting Agendas Department(s): City Manager Office Recommended Action: 1. Approve the first reading of an ordinance amending the Sunshine Ordinance to expand the number of community meetings for certain development projects from one to two, increase the radius of distributing noticing of said community meetings from 500 feet of the subject property to 1,000 feet, implement a Lobbyist Registration Policy, and revise the timeline to publish City Council meeting agendas from four days to seven days. 2. Approve an appropriation adjustment recognizing $40,000 from prior -year fund balance in the General Fund and appropriate the same amount to the General Fund, Clerk of the Council Service Enhancement salaries ($10,000) and contractual services ($30,000) expenditure accounts. (Requires five affirmative votes) MINUTES: Management Assistant Daniel Soto provided a brief presentation. Council discussion ensued. Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to approved substitute motion as amended to: Adopt as amended to: (1) expand from one to two community meetings for certain development projects; (2) increase the radius to 1,000 feet for notification of upcoming community and Planning Commission public hearing meetings regarding the subject City Council 1*13 — 14 12/26/2021 property; (3) increase the agenda publication to seven days with no exception other than emergency items; (4) and to bring back to Council the lobbyist disclosure policy as a separate item. YES: 2 — Bacerra, Mendoza NO: 5 — Hernandez, — Lopez, — Phan, — Penaloza, — Sarmiento ABSTAIN: 0 ABSENT:0 Status: 2 —5-0-0 — Fail Moved by Councilmember Phan, seconded by Mayor Sarmiento to adopt as amended to: (1) expand from one to two community meetings for certain development projects; (2) increase the radius to 1,000 feet for notification of upcoming community and Planning Commission public hearing meetings regarding the subject property; (3) include a supplemental agenda for regular City Council meeting, provided that the City Manager explains in the staff report for each supplemental item that immediate action came to the city manager and was made aware of it after the regular agenda is posted; and (4) bring back to Council the lobbyist disclosure policy as a separate item. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each Public Hearing item. 28. Public Hearing - Recovery cost and Expenditures in an Amount of $39,604.19 Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de Orange Legal Notice published in the Orange County Reporter on November 5, 2021 and notices mailed on said date. Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution affirming the acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the Code Enforcement Division description for the recovery of the costs in an amount of $39,604.19, associated with the execution of the Inspection and Abatement Warrant City Council 11EB — 15 12/26/2021 on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el Condado de Orange. MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Mayor Sarmiento opened the public hearing at 10:38 p.m. Benjamin Vazquez, representing El Centro Cultural de Mexico, spoke in opposition to the item. Luis Sarmiento spoke in opposition to the item. Apolonio Cortez spoke in opposition to the item. Nathaniel Greensides spoke in opposition to the item. Clerk of the Council Daisy Gomez reported out on correspondence received. Gema Suarez spoke in opposition to the item. Karla Juarez spoke in opposition to the item. Esperanza Corona spoke in opposition to the item. Sergio Corona spoke in opposition to the item. Mayor Sarmiento closed the public hearing at 11:01 p.m. Council discussion ensued. Substitute motion considered first and failed. This Public Hearing Item - Resolution No. 2021-071 was approved. Moved by Councilmember Phan, seconded by Mayor Pro Tern Penaloza to approve. YES: 4 — Bacerra, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tern NO: 3 — Hernandez, Councilmember, — Lopez, Councilmember, — Sarmiento, Mayor ABSTAIN: 0 ABSENT: 0 Status: 4-3-0-0— Pass City Council 11EB — 16 12/26/2021 Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to Substitute motion to offset recovery costs and review for accuracy. YES: 3 — Hernandez, Councilmember, — Lopez, Councilmember, — Sarmiento, Mayor NO: 4 — Bacerra, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tern ABSTAIN: 0 ABSENT:0 Status: 3-4-0-0—Fail 29. Public Hearing - Zoning Ordinance Amendment No. 2021-03 - An Ordinance of the City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance Legal Notice published in the Orange County Reporter on November 5, 2021. Department(s): Planning and Building Agency Recommended Action: Consider the recommendations made by the Planning Commission and take one of the following options: 1. Approve first reading of the Ordinance as presented; or 2. Approve first reading of the Ordinance incorporating the changes recommended by the Planning Commission; or 3. Approve first reading of the Ordinance with the incorporation of changes desired by the City Council. MINUTES: Councilmember Bacerra abstained in response to an alleged conflict of interest. Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Mayor Sarmiento opened the public hearing on Wednesday, November 17, 2021 at 12:07 a.m. Adam Wood spoke in opposition to item. Andrew Gonzalez spoke in opposition to item. Francisco Gomez spoke in support of including skilled and trained workforce language in the ordinance. Ernesto Medrano, representing Los Angeles/Orange Counties Building and Construction Trades Council, spoke in opposition to the item and requested that the City Council 1173 — 17 12/26/2021 item be sent back to the Planning Commission. John Hanna, Government Affairs Representative/ Special Counsel at Southwest Regional Council of Carpenters, spoke in opposition to the item and requested that skilled and trained workforce be included in the ordinance. Cesar Covarrubias, representing The Kennedy Commission, spoke in support of the item. Clerk of the Council Daisy Gomez reported out on correspondence received. Daisy, representing The Kennedy Commission, spoke in support of the item. Ana Charco, representing Latino Health Access, spoke in support of the item. Mayor Sarmiento closed the public hearing on Wednesday, November 17, 2021 at 12:28 a.m. City Attorney Sonia Carvalho spoke regarding the alleged conflict of interest and determination was made that there was no validity to the claim. Council discussion ensued. Moved by Councilmember Mendoza, seconded by Mayor Pro Tem Penaloza to have this item brought back to the Planning Commission. Moved by Mayor Sarmiento, seconded by Councilmember Phan to approve substitute motion to approve the following amendments: (1) Omit new priorities that do not directly relate to the production of new affordable housing units. (2) Reduce to 5% inclusionary for for -sale units. (3) Include a provision to vest entitled projects and make the necessary conforming changes to the Ordinance, and include a vested project list. (4) Require and phase in the use of a local skilled and trained workforce only for new projects proposing 20 or more residential lots or units exercising the in -lieu fee option to satisfy the inclusionary requirements of the Ordinance, and clarify that the provision is not applicable to projects receiving funding from the inclusionary housing fund. (5) Require an affirmative vote by 5 members of the City Council in order to modify the in -lieu fee structure and the local skilled and train workforce provision. (6) Incorporate a local density bonus provision for for -sale units only. YES: 4 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan, Councilmember, — Sarmiento, Mayor NO: 2 — Mendoza, Councilmember, — Penaloza, Mayor Pro Tern City Council 11EB — 18 12/26/2021 ABSTAIN: 1 — Bacerra, Councilmember ABSENT:0 Status: 4-2— 1 — 0 — Pass COUNCILMEMBER REQUESTED ITEMS 30. Discuss and Consider Directing City Manager to Direct Staff to Introduce an Ordinance to Ban the Sale of Flavored Tobacco Products — Councilmember Mendoza MINUTES: Item 30 was taken out of order and considered prior to Item 28. Council supports with no objections and provided direction to City staff. 31. Discuss and Consider Directing City Manager to Direct Staff to Introduce an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City — Councilmember Lopez MINUTES: Councilmember Lopez spoke in support of the item. Councilmembers Phan, Mendoza, Bacerra spoke in opposition to the item, but in support of educating the public of state law. Mayor Pro Tem Penaloza spoke in support of the Santa Ana Police proactively regulating unlawful activities. CITY MANAGER COMMENTS MINUTES: There were no comments provided. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra wished everyone a Happy Thanksgiving holiday; and extended an invitation of community hours held on Saturday, December 4, 2021 at 10:00 a.m. located at Thorton Park. Councilmember Hernandez thanked the public for their participation; wished everyone happy holidays; and extended an invitation of community hours held on Friday, November 19, 2021 at 4:00 p.m. located at La Placita Cinco. Councilmember Lopez wished everyone happy holidays. City Council is — 19 12/26/2021 Councilmember Mendoza shared additional letters of support for banning the sale of flavored tobacco products and hopes to work with the Santa Ana Unified School District. Councilmember Phan wished everyone Happy Thanksgiving. Mayor Pro Tem Penaloza wished everyone Happy Hannukah and Thanksgiving and made an announcement of the tree lighting event at Plaza Calle Cuatro. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Dr. Gaston Cilliani MINUTES: Mayor Sarmiento adjourned the City Council meeting in memory of Dr. Gaston Cilliani at 1:36 a.m. on Wednesday, November 17, 2021. City Council 2iB — 20 1 2/26/2021 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Housing Authority meeting to order on Wednesday, November 17, 2021 at 1:24 a.m. Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Special Housing Authority agenda. MINUTES: There were no public comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Item: 1. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse absent members. MINUTES: All authority members were present. No action needed. MINUTES: There were no absences. **END OF CONSENT CALENDAR** BUSINESS CALENDAR City Council 013 — 21 12/26/2021 JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY 2. Approve Agreements with Keyser Marston Associates, David Paul Rosen & Associates, and RSG, Inc. for On -Call Affordable Housing Financial, Analytical and Advisory Services on an As —Needed Basis in a Shared Amount not to exceed $250,000 Department(s): Community Development Agency Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY Authorize the City Manager and Executive Director of the Housing Authority to execute joint on -call consultant agreements for affordable housing financial, analytical and advisory services with Keyser Marston Associates, David Paul Rosen & Associates, and RSG, Inc., for a three-year term beginning on November 16, 2021, through November 1, 2024, in a total shared amount not to exceed $250,000, subject to non - substantive changes approved by the City Manager, Executive Director, and City Attorney (Agreement No. 2021-XXX). Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Phan to Approve. YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 1 — Bacerra, Councilmember ABSTAIN: 0 ABSENT:0 Status: 6 — 1 — 0 — 0 — Pass MINUTES: This business Item - Agreement No. 2021-230 was approved. **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: No public comments on Housing Authority items. ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting on Wednesday, November 17, 2021 at 1:25 a.m. City Council 20 — 22 12/26/2021 Minutes of the Special Meeting of the City Council City of Santa Ana, California December 06, 2021 CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 SPECIAL OPEN MEETING CALL TO ORDER Ir ATTENDANCE Council Members Phil Bacerra Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Open Special Session meeting to order at 5.08 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento Cii G3'omui Minutes 114 — 1 12/06/2021 MINUTES: Councilmember Mendoza led the pledge of allegiance and provided the invocation. PUBLIC COMMENT — Members of the public may address the City Council only on items listed on the Special Meeting Agenda. Comments for the public hearing will take place after the hearing is opened. MINUTES: Clerk of the Council Daisy Gomez reported out correspondence received. BUSINESS CALENDAR 1. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and all Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Adopt resolution to consider continuing the use of teleconferencing for the meetings of City Council and all boards, committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the next 30 days. MINUTES: This Business Item - Resolution No. 202 072 was approved. Moved by Councilmember Phan, seconded by Councilmember Lopez to Adopt. YES: 7 — Bacerra, — Hernandez, — Lopez, — Mendoza, — Phan, — Penaloza, — Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass PUBLIC HEARINGS 2. Hold Fourth Public Hearing Regarding Redistricting Ward Boundaries Resolution of Intention No. 2021-060 published in the Orange County Register on October 23 and 30, 2021 Department(s): Clerk of the Council Office Cii G3'omui Minutes 04 — 2 12/06/2021 Recommended Action: Open and Close the third public hearing seeking input regarding the content of the draft map(s). MINUTES: Paul Mitchel, Redistricting Partners demographer, spoke on data sets. Mayor Sarmiento opened the public hearing at 5:23 p.m. Carl Beninger spoke regarding keeping neighborhoods together. Dale Helvig noted that the mapping tool is easy to use. Spoke on keeping neighborhoods together. Urged council to consider at all public comments made. Oscar Reyes provided comments on his map entitled "Santa Ana Goals 2021 ". Sofia Garcia, Redistricting Partners consultant, provided a brief presentation. Council requested all data sets be kept uniform. Mayor Sarmiento closed the public hearing at 6:51 p.m. 1 17 Adjournment — Adjourn the Special City Council meeting. MINUTES: Mayor Sarmiento adjourned the public hearing and the Special meeting at 6:51 p.m. 04yQoadcMinutes 314 — 3 12/06/2021 DRAFT Minutes of the Regular Meeting of the City Council and Housing Authority City of Santa Ana, California 1 December 07, 2021 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:14 p.m. ROLL CALL Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. City Council 15 — 1 12127/2021 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: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: In re National Prescription Opiate Litigation, United States District Court (Northern District of Ohio), Case No. 1:17-and-02804 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN #430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705. Negotiator: City Manager Kristine Ridge Negotiating with: Dyer 18 LLC Terms: Price and terms related to the possible acquisition of property. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session items at 5:17 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:54 p.m. and convened to the Regular Open Session. City Council 15 — 2 1 2PWT/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:16 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Penaloza led the pledge of allegiance. INVOCATION CEREMONIAL PRESENTATIONS Pastor Guillermo Gonzalez Certificate of Recognition presented by Mayor Sarmiento to Alondra Diaz for receiving the California Teacher of the Year Award and Outstanding Contributions to Education. 2. Proclamation presented by Councilmember Hernandez to Joe Andrade declaring December 16, 2021 as Josephine "Chepa" Andrade Day. MINUTES: Mayor Sarmiento requested an update... STAFF PRESENTATIONS 3. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief presentation. Mayor Sarmiento requested staff to provide which census tracks or zip codes have lower testing or vaccine rates on future updates. 4. Orange County Transportation Authority Update. MINUTES: Tresa Oliveri and Ryan Maloney, Orange County Transportation (OCTA) representatives provided a brief presentation. Council discussion ensued and provided input to OCTA representatives. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for City Council $5 — 3 12217/2021 ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Councilmember Phan addressed an alleged conflict of interest complaint letter received this afternoon about the Housing Opportunity Ordinance and stated she does not believe she has a conflict of interest. However, out of an abundance of caution, Councilmember Phan asked City Attorney to seek a formal opinion letter from the Fair Political Practices Commission (FPPC). As a result and related thereto, Councilmember Phan moved to continue Item 9 on the Housing Opportunity Ordinance; and again out of an abundance of caution moved to continue Item 37 on the general plan amendment until the city receives a response from FPPC. Council considered a vote to continue item 9. Victor Mendez spoke regarding the prepaid debit program, spoke in opposition to item 18, and encouraged council to start a safety program for residents in preparation for the streetcar. Thanked Councilmembers Phan and Hernandez for their work on housing. Believes this item is a good step toward preventing homelessness, but this still needs work because the moratorium on evictions is lifted. Requests prioritization given to this item. Regarding transportation, encouraged council to start a safety program for residents. Victor Payan Senior Director, representing Media Arts, thanked the council members for their work. Announced a free media art skills course for people ages 13 to 17. Information is found online at Massamedia.org. The class runs from December 15, 2021 — February, 2022 and encourages all to participate. Jesus Santana representing the Sullivan residents expressed gratitude for Councilmember Hernandez participation in a zoom meeting last Monday. Thanked Daisy Gomez, Clerk of the Council, and her team for seeking community input during the community workshops regarding the redistricting process. Daisy Cruz with the Kennedy Commission, spoke in support of Item 8. Laura Pantajo, spoke in support of Item 8. Tim Johnson spoke in support of Item 16 and asked city continue to support organizations with permanent supportive housing. Spoke regarding projects in terms of temporary patchwork. Thanked for recognizing Chepa Day, nominating Nathaniel Greensides, destruction of public records, ice rink, expressed support of the housing project, and was unclear of Councilmember Bacerra abstention for Item 9. Manny Escamilla thanked Councilmember Hernandez for recognition of Chepa Days and for appointment of Nathaniel Greensides to the Environmental Transportation and City Council 45 — 4 1 2PWT/2021 Advisory Commission (ETAC). Spoke on a review process for historically related information as it pertains to Item 11. Noted he is looking forward to the ice rink. Spoke in support of permanent housing projects. Unclear of Councilmember Bacerra's abstention. Santa Ana non-resident item written communication received in support of climate change resolution. Clerk of the Council Daisy Gomez reported out on correspondence received. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 32. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular and Special Housing Authority Meetings of July 20, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 7. Minutes from the Special Meeting of July 26, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Adopt Ordinance No. NS-XXXX—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLES 11.1 AND 11.11 OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE SUNSHINE ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 26, 2021. Department(s): City Manager Office Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3012 was approved. 9. Adopt Ordinance No. NS-XXXX — ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER City Council 55 — 5 12127/2021 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained). Published in the Orange County Reporter on November 26, 2021. Continued from the December 7, 2021 City Council meeting. Department(s): Planning and Building Agency Recommended Action: Place Ordinance on second reading and adopt. Moved by Councilmember Phan, seconded by Councilmember Lopez to continue item until city receives a response from FPPC. YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 1 — Bacerra, Councilmember ABSENT:0 Status: 6-0— 1 — 0 — Pass MINUTES: Item 9 considered out of order prior to taken agenda and non -agenda comments. Councilmember Bacerra announced has abstention. 10. Appoint Nathaniel Greensides Nominated by Councilmember Hernandez as the Ward 5 Representative to the Environmental and Transportation Advisory Commission for a Partial -Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Nathaniel Greensides to the Environmental and Transportation Advisory Commission representing Ward 5 and administer Oath of Office. MINUTES: Councilmember Hernandez administered the Oath of Office to Nathaniel Greensides. 11. Approve Destruction of Obsolete City Records Department(s): Public Works Agency Recommended Action: Approve the request for the destruction of obsolete records from Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. City Council 65 — 6 12127/2021 12. City Council Special Event Sponsorship Policy Update Department(s): City Manager Office Recommended Action: Receive and file. 13. Approval of a Professional Service Agreement with Property Registration Champions, LLC (ProChamps) to Provide Professional Services for Administering a Local Program Requiring the Registration and Maintenance of Abandoned, Defaulted, and Foreclosed Properties as well as Vacant Lots, Structures, and Historic Properties Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute an agreement with Property Registration Champion LLC (ProChamps) to provide professional services for administering a local program requiring the registration and maintenance of abandoned, defaulted, and foreclosed properties as well as vacant lots, structures, and historic properties for a three-year term terminating December 6, 2024 with an option for two one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-232 was approved. 14. Agreement with ABM for Municipal Parking Facilities Operator (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with ABM Parking Services for operating services of the City -owned downtown parking facilities, for a five-year term with an option of five one-year extensions, beginning February 1, 2022 through January 31, 2027, for a total not -to -exceed amount of $13,326,785, which includes the management fees and reimbursable operating expenses, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-233 was approved. 15. Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Fourth Amendment to the Downtown Clean & Safe Program agreement with Downtown Inc.that provides daily cleaning, maintenance of downtown and will augment services to include special event preparation, street closures, and parklet maintenance services in the amount of $500,000 for the term of January 1, 2022 through December 31, 2022, subject to non -substantive changes approved by the City Manager and City City Council 75 — 7 1 2PWT/2021 Attorney (Agreement No. 2021-XXX). 2. Approve the amendment to Section 2.04 to update the language `Bi-Annual Financial Statement and Audit' and replace it with `Quarterly financial statements and expense reports must be submitted at the end of each quarter'. MINUTES: This consent Item - Agreement No. 2021-234 was approved. 16. Approve an Appropriation Adjustment, a Density Bonus Agreement, and a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the Development of the FX Residences Affordable Housing Project Located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd (Non -General Fund) (Contingent upon approval of Housing Authority Item #3). Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Density Bonus Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for a 55-year term, for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., to defer approximately $510,000 of their development impact fees for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney. The calculation of the final fee amount to be deferred will be determined at the time of issuance of the certificate of occupancy (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment (2022-091) to recognize $587,000 in prior - year fund balance from the Low and Moderate Income Housing Asset Fund and appropriate the same amount to the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2021-235 and 2021-236 were approved. 17. Approve an Amendment to the Agreement with Aramark Correctional Services, Inc. for Inmate Food Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the City Council $5 — 8 12217/2021 agreement with Aramark Correctional Services, Inc. to provide inmate meal services for the period of November 16, 2021 through June 30, 2023, including a 3.8% meal price adjustment, increasing the contract amount by $67,616.25 for the remainder of the three-year term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-237 was approved. 18. Approve a Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriate $9.2 Million in State Emergency Rental Assistance Program Funds Allocated from the State of California Department of Housing and Community Development and Adopt a Resolution to Enter into an Agreement with the State of California (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve a Second Amendment to the Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the Second Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Resolution No. 2021-XXX — Adopt a Resolution authorizing the City to participate in the State of California Emergency Rental Assistance Program and authorizing the City Manager to enter into an Agreement with the State of California for the administration of $9,268,716.56 in new funding. 4. Approve a future appropriation adjustment (2022-092) recognizing an additional allocation of Emergency Rental Assistance Program funds from the State of California Department of Housing and Community Development in the amount of $9,268,716.56 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2021-238 was approved. This consent Item - Resolution No. 2021-073 was approved. 19. Adopt a Resolution Authorizing an Application Submission for Funding from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021 Funding though PMRF for the Grand Avenue Rehabilitation from 1 st Street to McFadden Avenue Project in the Amount Up To $972,882 Department(s): Public Works Agency City Council 95 — 9 12127/2021 Recommended Action: Resolution No. 2021-XXX —Adopt a resolution authorizing the Executive Director of Public Works Agency to submit an application to the Orange County Transportation Authority (OCTA) and California Department of Transportation (Caltrans), California Transportation Commission (CTC) for MRF for the Grand Avenue Rehabilitation from 1 st Street to McFadden Avenue project, in amount of up to $972,882. MINUTES: This consent Item - Resolution No. 2021-074 was approved. 20. Approve a Second Amendment for Specialized Legal Services with Burke, Williams & Sorensen to Amend the Term to June 30, 2023 and Set Compensation in an Amount Not to Exceed $950,000 (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Burke, Williams & Sorensen, LLP ("BWS") for litigation matters concerning the abatement of public nuisances, to amend the term of the agreement to terminate on June 30, 2023 and increase the compensation, in an amount not to exceed $950,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement No. 2021-239 was approved. 21. Approve an Appropriation Adjustment and Award a Construction Contract to Colich & Sons L.P. in the Amount of $3,581,155.00 for the Flower Street Sewer Main Improvements Project with an Estimated Project Delivery Cost of $4,655,501.50 (Project No. 18-6616) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-089) to recognize $1,685,502 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,685,502 in construction funds for the Flower Street Sewer Main Improvements Project (Project No. 18-6616). 3. Award a construction contract to Colich & Sons, the lowest responsible bidder, in accordance with the base bid in the amount of $3,581,155.00, for construction of the Flower Street Sewer Main Improvements, for the term beginning January 3, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. City Council 16 — 10 12127/2021 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,655,501.50, which includes $3,581,155.00 for the construction contract, $537,173.25 for contract administration, inspection and testing, and a $537,173.25 project contingency for unanticipated or unforeseen work. 22. Authorize a Purchase Agreement in the Amount of $399,000 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: The Ramboat Investments, LLC) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner The Ramboat Investments, LLC, a California limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 2400 S Grand Avenue (APN 016-150-71) in the amount of $399,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-240 was approved. 23. Approve a License Agreement with Republic Services Use of City -Owned East Alton Avenue / SR-55 Freeway Parcel in the Amount of up to $165,000 for Maximum Term of One Year (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with Republic Waste Services of Southern California, LLC DBA Republic Services for use of real property owned by the City at the terminus of East Alton Avenue between Standard Avenue and the SR-55 Freeway, for a ten-month term commencing December 20, 2021 and expiring on September 20, 2022, which will automatically renew month -to -month thereafter for a monthly fee of $13,750, for a total revenue amount of $165,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-241 was approved. 24. Approve Agreement Amendments with Econolite Systems Inc. and California Professional Engineering Inc. for Traffic Signal and Street Lighting Maintenance Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Econolite Systems Inc. to expand the Traffic Signal maintenance scope of work and increase the expenditure amount by $825,000, for a total agreement amount not to exceed $4,200,000 for the remaining term of the agreement expiring July 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. Authorize the City Manager to execute a first amendment to the agreement with California Professional Engineering Inc. to expand City Council 15 — 11 1 21127/2021 the Street Lighting maintenance scope of work and increase the expenditure amount by $360,000, for a total agreement amount not to exceed $2,619,184 for the remaining term of the agreement expiring October 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. MINUTES: This consent Item - Agreement Nos. 2021-242 and 2021-243 were approved. 25. Approve an Agreement with Southern California Edison, for Schedule LS-1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Southern California Edison, for Schedule LS-1 Option E, Energy Efficiency — Light Emitting Diode (LED) Fixture Replacement Rate Agreement, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-244 was approved. 26. Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant for the Generation of Solar Power at Garthe and West Pump Station Facilities Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Water and Energy Efficiency Grant Program for the Generation of Solar Power at Garthe and West Pump Station Facilities Project, in an amount up to $2,000,000 (Agreement No. 2021-XXX). MINUTES: This consent Item - Resolution No. 2021-075 was approved. This consent Item - Agreement No. 2021-245 was approved. 27. Approve an Agreement with David Volz Design Landscape Architecture, Inc. for Landscape Architectural Design Services for a new Dog Park Project at Centennial Park in an Amount not to Exceed $56,360 for a Three-year Term (Project No. 22- 2755) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with David Volz Design Landscape Architecture, Inc. to provide conceptual design schemes for a new dog park at Centennial Park in the amount of $46,966, with a City Council 12— 12 12127/2021 contingency of $9,393, for a total amount of $56,360, for a three-year term beginning December 7, 2021 and expiring December 6, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-246 was approved. 28. Amendments to the FY 2021-22 Capital Improvement Program adding the Local Street Curb Ramp Improvements FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) funds; Award a Construction Contract to Nobest Incorporated in the Amount of $299,090 for the Local Street Curb Ramp Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $554,582 (Project No. 22-7537) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) fund. 2. Award a construction contract to Nobest Incorporated, the lowest responsible bidder, in accordance with the base bid in the amount of $299,090, for construction of the Local Street Curb Ramp Improvements FY 2021-22, for the term beginning January 3, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $554,582, which includes $299,090 for the construction contract, $44,863.50 for contract administration, inspection and testing, and a $210,628.50 project contingency for unanticipated or unforeseen work. 29. Approve an Appropriation Adjustment and Additional Funds in the amount of $45,000 to an Existing Construction Contract with RMF Contracting, dba R& M Electrical Contracting, for a Revised Estimated Project Delivery Cost of $980,018, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) (Non -General Fund) Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation adjustment (2022-086) recognizing prior year fund balance $45,000 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) City Council 13 — 13 12127/2021 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $748,014 for the construction contract, $127,204 for contract administration, inspection and testing, and a $104,800 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $45,000, which includes $15,000 in construction engineering funds and $30,000 for construction contingency funds, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) 30. Fiscal Year 2020-21 Measure M2 Year -End Expenditure Report and Measure M2 Seven -Year CIP Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2021-XXX —Adopt a resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2019-20 and authorize submission of the report to the Orange County Transportation Authority as required by Measure M2 Funding Eligibility Guidelines. 2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027- 2028. MINUTES: This consent Item - Resolution No. 2021-076 was approved. 31. Approve an Amendment to Fiscal Year 2021-2022 Miscellaneous Fees Resolution specific to Athletic Facility Reservations Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX — Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year 2021-22 specific to the athletic facility reservations. MINUTES: This consent Item - Resolution No. 2021-077 was approved. 32. Approve Resolution and Agreement and Appropriation Adjustments for Fiscal Year (FY) 2020 Homeland Security Grant Program Funding in the Amount of $1,423,822 and Additional FY 2021 Funding of $120,000 (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and the Chief of Police to enter into the attached Sub -Recipient agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, personnel, training and exercises authorized under the FY 2020 Urban Areas Security Initiative in an amount of $1,423,822, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 18 — 14 122W1/2021 2. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2020 Urban Areas Security Initiative (UASI) Funding Program in the amount of $1,432,822. 3. Approve an Appropriation Adjustment (2022-087) recognizing $1,423,822 in the FY 2020 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos.12514491 — various). (Requires five affirmative votes) 4. Approve an Appropriation Adjustment (2022-088) recognizing $120,000 in the FY 2021 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos.12514407 — various). (Requires five affirmative votes) MINUTES: This consent Item - Resolution No. 2021-078 was approved. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to approve Consent Calendar items with the exception of item 9 which was considered earlier. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0 —0— Pass **END OF CONSENT CALENDAR** MINUTES: Councilmember Hernandez administered the oath of office to Nathaniel Greensides, Environmental and Transportation Advisory Commissioner. BUSINESS CALENDAR 33. Approve the Annual Calendar of Regular City Council Meetings for 2022 Department(s): Clerk of the Council Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2022. 2. Cancel the regularly scheduled City Council meeting for January 4, 2022 and August 2, 2022. 3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice City Council 15 — 15 12217/2021 of said meetings as required by the government code. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Mendoza to approved as amended cancel the regularly scheduled City Council meeting for January 4, 2022 and July 5, 2022. YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0—Pass MINUTES: Councilmember Phan provided input regarding a dedicated budget workshop in May or June to ensure that the budget is passed by end of June. 34. Election of Mayor Pro Tem 2021-2022 Department(s): Clerk of the Council Office Recommended Action: 1. The Mayor calls for nominations for Mayor Pro Tem position. 2. The Mayor closes nominations for the position. 3. The Mayor declares the result of the election. MINUTES: Mayor Pro Tem Penaloza thanked all for the opportunity to serve in the Mayor Pro Tem role. Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to Nominate Councilmember Bacerra for the Mayor Pro Tem position. YES: 6 — Bacerra, Councilmember, — Hernandez, Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor NO: 1 — Lopez, Councilmember ABSTAIN: 0 ABSENT: 0 Status: 6— 1 —0-0— Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each Public Hearing item. City Council 16 — 16 12127/2021 35. Public Hearing —2022 Downtown Santa Ana Business Improvement District Legal Notice published in the Orange County Reporter on November 26, 2021. Department(s): Community Development Agency Recommended Action: 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2022 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. Resolution No. 2021-XXX — If the City Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2022. MINUTES: Assistant City Manager Steven Mendoza provided a brief presentation. Mayor Sarmiento opened the public hearing at 8:08 p.m. Sarah Garcia spoke in opposition to Item 35. Marilyn Montano spoke in opposition to Item 35. Madeleine Spencer spoke in support of Item 35. Ryan Smolar spoke in support of Item 35. Clerk of the Council Daisy Gomez reported out on correspondence received and announced that only one (1) written protest was received which equals .91 % of total assessment protest, therefore, there is not a majority protest. Victor Payan, Media Arts Santa Ana Director, spoke in opposition to Item 35. Mayor Sarmiento closed the public hearing at 8:25 p.m. Council discussion ensued and input provided. Mayor Sarmiento provided direction to staff to bring back as informational item. This Business Item - Resolution No. 2021-079 was approved. Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to approve. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember — Penaloza, Councilmember — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor City Council 19 — 17 12127/2021 NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 — 0-0-0— Pass 36. Public Hearing — Authorize Issuance of the Fiscal Year 21-22 Request for Proposals for Affordable Housing Development and Approve a Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan Legal Notice published in the Orange County Register on November 22, 2021. Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to issue a Fiscal Year 21-22 (FY 21-22) Request for Proposals for Affordable Housing Development to solicit proposals for affordable rental and ownership project(s) in the City of Santa Ana with funding from the Inclusionary Housing Fund, HOME Investment Partnerships (HOME) Program, HOME — American Rescue Plan (HOME -ARP), Project -Based Voucher Program and Neighborhood Stabilization Program. 2. Approve a Substantial Amendment to the Fiscal year 2021-2022 Annual Action Plan to adopt the HOME -ARP Allocation Plan for the allocation of $6,183,914 in HOME -ARP funds and authorize the submission of the Substantial Amendment to the U.S. Department of Housing and Urban Development. 3. Approve an appropriation adjustment (2022-049) recognizing an allocation of HOME -ARP funds in the amount of $ 6,183,914 in revenue account (18218002- 52008) and appropriating the same in expenditure account (18218780-various). (Requires five affirmative votes) MINUTES: Housing Division Manager Judson Brown provided a brief presentation. Mayor Sarmiento opened the public hearing at 9:01 p.m. and seeing no speakers, closed the public hearing at 9:02 p.m. Mayor Sarmiento provided input to city staff. Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember — Penaloza, Councilmember — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 37. Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020- 03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update City Council 16 — 18 12127/2021 Legal Notice published in the Orange County Reporter on November 26, 2021 and notices mailed on November 19, 2021. Continued from the December 7, 2021 City Council meeting. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2021-XXX— Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Resolution No. 2021-XXX — Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Resolution No. 2021-XXX — Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. MINUTES: Councilmember Phan addressed council regarding an alleged conflict of interest on the Housing Opportunity Ordinance Update due to her employment, and thus, out an abundance of caution is seeking an FPPC advice letter to clear up the issue prior to voting. Also, at an abundance of caution is requested to continue item until FPPC letter is received. Mayor Sarmiento recessed the council meeting and convened to the Housing Authority meeting at 9:15 p.m. Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 9:18 p.m. to consider Councilmember Requested Items, City Manager Comments, and Council Comments. Moved by Councilmember Phan, seconded by Councilmember Lopez to continue to December 21, 2021. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember — Penaloza, Councilmember — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass COUNCILMEMBER REQUESTED ITEMS 38. Discuss and Consider Directing the Clerk of the Council to Continue Virtual Public Participation for all City Meetings — Councilmember Phan MINUTES: Majority of council supports and provided direction to City Staff. City Council 19 — 19 12127/2021 39. Discuss and Consider Directing the City Manager to Direct Staff to Introduce a Resolution Supporting PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies — Councilmember Mendoza MINUTES: Majority of council supports and provided direction to City Staff. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided a brief announcement on the city's first Winter Village family friendly community event which will run until January 2, 2022. Provided status on the Revive Resident Stimulus Program and encouraged all recipients to shop locally this holiday season. Lastly, announced that the Active Streets is having a bicycle tree and ride of lights event on December 9, 2021 at 5 p.m. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT —Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Christian Martin Miranda MINUTES: Adjourned in Memory of Christian Martin Miranda. Mayor Sarmiento adjourned the City Council meeting at 9:42 p.m. City Council 29 — 20 12127/2021 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza I I MTty - 1: 2 IT. r, David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Housing Authority meeting to order at 9:15 p.m. ROLL CALL Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments on Housing Authority items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Housing Authority Meeting of July 20, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to Agenda Item #6 in the City Council meeting agenda) Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Mendoza to approve City Council 25 — 21 1 22WT/2021 YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember — Penaloza, Councilmember — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez, Councilmember Status: 6-0-0— 1 — Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 3. Approve a $1,656,947 Loan Agreement and a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the Development of the FX Residences Affordable Housing Project Located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. (Non -General Fund) (Contingent upon approval of City Council Item #16). Department(s): Community Development Agency Recommended Action: 1. Approve an amended award of $587,000 in additional funds from the Low and Moderate Income Housing Asset Fund for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd. to offset a portion of the additional construction costs associated with the project since approval of the pre -loan commitment for the project by the Housing Authority on January 15, 2019. 2. Authorize the Executive Director of the Housing Authority to execute a Loan Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for $1,656,947 in Low and Moderate Income Housing Asset Funds for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd., subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 3. Authorize the Executive Director of the Housing Authority to execute a ninety-nine (99) year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd, subject to non - substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 4. Authorize the Executive Director of the Housing Authority to execute a future Subordination Agreement with a senior lender for the development of the FX Residences affordable housing project, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 12 — 22 12127/2021 Moved by Councilmember Penaloza, seconded by Councilmember Mendoza to approve YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember — Penaloza, Councilmember — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 1 — Hernandez, Councilmember Status: 6-0-0— 1 — Pass **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 9:18 p.m. to consider Councilmember Requested Items, City Manager Comments, and Council Comments. City Council 23 — 23 1 2PWT/2021 Planning and Building Agency www.santa-ana.org/pb Item # 17 twor City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Second Reading of Zoning Ordinance Amendment No. 2021-03 AGENDA TITLE: Adopt Ordinance No. NS-XXXX — ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE RECOMMENDED ACTION Place Ordinance on second reading and adopt. DISCUSSION The City Council conducted the first reading of the Ordinance on November 16, 2021. As part of the first reading of the Ordinance, the majority members of the City Council discussed, articulated, and directed staff to make conforming revisions to the Ordinance reflecting the following refinements for the second reading of the Ordinance: • Omit new priorities that do not directly relate to the production of new affordable housing units. • Reduce to 5% inclusionary for for -sale units. • Include a provision to vest entitled projects and make the necessary conforming changes to the Ordinance, and include a vested project list as an exhibit to the Ordinance. • Require and phase in the use of a local skilled and trained workforce only for new projects proposing 20 or more residential lots or units exercising the in -lieu fee option to satisfy the inclusionary requirements of the Ordinance, and clarify that the provision is not applicable to projects receiving funding from the inclusionary housing fund. The implementation of this provision shall be phased as follows: 11/17/2021 — 12/31/2025 1/1/2026 thereafter $15 — No requirements $15 — 30% STW & 35% local hire $10 — 30% STW + 2 trades & 20% local hire $10 — 60% STW & 35% local hire $ 5 — 60% STW + 3 trades & 20% local hire $ 5 — 90% STW & 35% local hire City Council 17 — 1 12/21/2021 Second Reading of Zoning Ordinance Amendment No. 2021-03 December 7, 2021 Page 2 Require an affirmative vote by 5 members of the City Council in order to modify the in -lieu fee structure and the local skilled and train workforce provision. Incorporate a local density bonus provision for for -sale units only. For ease of review, a redline version of the adopted Ordinance presented at the first reading on November 16, 2021 is attached (Exhibit 1) reflecting the necessary changes and conforming modifications. The clean version of this Ordinance is attached as Exhibit 2. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. It is recommended that the City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as 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 CEQA Guidelines. Furthermore, even if the proposed Ordinance is considered a project, it falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Redline of Ordinance adopting Zoning Ordinance Amendment No. 2021-03 without Exhibit 2. Ordinance adopting Zoning Ordinance Amendment No. 2021-03 and Exhibit A Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 17 — 2 12/21/2021 ORDINANCE NO. NS- ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as "Article XVIII.I. — Housing Opportunity Ordinance" ("Housing Opportunity Ordinance") of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS- 2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 17 — 3 0112'24424024-xxx Page 1 of 18 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee. H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance. I. The Request for City Council Action for this Ordinance dated November 16 and December 7, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as 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 CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows: ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE City Council 17 — 4 aq 442,()2. _XXX Page 2 of 18 Sec. 41-1900. Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership. Sec. 41-1901. Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three - bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. lase uensltV means the maximum number of owelling units allowea per acre of lava ,vithin each land use category designated in the General Plan. City Council 17 — 5 042'24424024-xxx Page 3 of 18 Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate -income households, at an affordable housing cost, in compliance with this article. Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or City Council 17 — 6 aq 142J()2*-xxx Page 4 of 18 The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units including new construction and condominium conversions, which meets one or all of the following applicability thresholds: (1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011. (3) Increase of the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zoning classification at the time of application. (4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter. (5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. City Council 17 — 7 aq 442,()2. _XXX Page 5 of 18 (c) Units for sale. If the new residential project consists of units for sale, then a minimum of te:n=five (549) percent of the total number of units in the project shall be sold to moderate -income households. (d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows: (1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or (2) A minimum of ten (10) percent shall be rented to very low-income households, or (3) A minimum of five (5) percent shall be rented to extremely low-income households, or (4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on - site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in -lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in -lieu fee amount, to satisfy the inclusionary units from that specified by this article. City Council 17 — 8 aq 142J()2. _XXX Page 6 of 18 (b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse. d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 Adopted on September 1. 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS- 2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference. Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. (1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum - total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. (2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city City Council 17 — 9 aq 44202*-xxx Page 7 of 18 at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. (3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units/Lots Fee Per Square Foot of Habitable Area 5-9 $6.00 10 — 14 $9.00 15 — 19 $12.00 20 or more $15.00 (ii) Local Skilled and Trained Workforce. The use of a local skilled and trained workforce shall be phased in over time and shall only aDDly to a development project proposing twenty (20) or more lots or units opting to exercise the in - lieu fee payment optionThe On lieu, The implementation of this subsection shall be phased as follows: A) Between November 16. 2021 and December 31. 2025. a project proposing twenty (20) or more lots or units exercising the option to pay the $15 Der sauare foot in -lieu fee amount shall not be reauired to utilize a local skilled and trained workforce for completing the construction of the project. However, Tthis fee shall be reduced if the developer provides the City with an executed enforceable commitment to use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project as specified in the table below: Use of Skilled and Trained Fee Per Square Foot of Workforce Habitable Area City Council 17 — 10 aq 442,()2. _XXX Page 8 of 18 30% of workforce utilizing 2 or more construction $10.00 trades 60% of workforce utilizing 3 or more construction $5.00 trades minimum of 2035% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (B) Effective January 1. 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in - lieu fee amount shall be required to provide the City with an executed enforceable commitment that 30 percent of the workforce utilized to complete the construction of the project be derived from a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601: and that a minimum of 35 percent of the required skilled and trained workforce total work -hours shall be performed in accordance with local hire policies approved by the City Council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below: Use of Skilled and Trained Fee Per Square Foot of Workforce Habitable Area 60% of workforce 10.00 90% of workforce 5.00 minimum of 35% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in -lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the citv approves a phased proiect. a proportional share of the reauired fee shall be paid within each phase of the residential project. The in -lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. City Council 17 — 11 aq 4g2,()2. _XXX Page 9 of 18 4) The provisions of Section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the City Council. Sec. 41-1904.1. Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2'/2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. 1) Local Density Bonus. For each 1 percent increase above 5 percent in the percentage of for -sale units affordable to moderate income households, the base density shall be increased by 1.5 percent up to a maximum of 35 percent. Sec. 41-1905. Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. City Council 17 — 12 aq 142J02*-xxx Page 10 of 18 2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. Sec. 41-1906. Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: City Council 17 — 13 aq 442,()2. _XXX Page 11 of 18 (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. City Council 17 — 14 aq 14202*-xxx Page 12 of 18 (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. City Council 17 — 15 aq 142J02*-xxx Page 13 of 18 (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. 1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. 2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. Reserved. Sec. 41-1908. Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions: (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing City Council 17 — 16 aq 1420M-xxx Page 14 of 18 funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities for large families currently living in the City. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co - investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged to negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a= "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project. If so provided a minimum of 35% of such labor all work for the project shall be performed in accordance with local hire policies approved by the City Council. Sec. 41-1910. Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration as needed. City Council 17 — 17 aq g4202*-xxx Page 15 of 18 (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. Reserved. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. City Council 17 — 18 aq 142J02*-xxx Page 16 of 18 Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: -- 4 9k��- John M. Funk Sr. Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor City Council 17 — 19 042'24424024-xxx Page 17 of 18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 City Council 17 — 20 aq 44202*-xxx Page 18 of 18 ORDINANCE NO. NS- ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as "Article XVIII.I. — Housing Opportunity Ordinance" ("Housing Opportunity Ordinance") of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS- 2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 17 — 21 01c2Y2442J0M-xxx Page 1 of 17 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee. H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance. I. The Request for City Council Action for this Ordinance dated November 16 and December 7, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as 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 CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. Section 3, Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows: ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE City Council 17 — 22 01c2Y2442J0M-xxx Page 2 of 17 Sec. 41-1900. Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership. Sec. 41-1901. Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three - bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Base Density means the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. City Council 17 — 23 0tc2Y2442J0M-xxx Page 3 of 17 Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate -income households, at an affordable housing cost, in compliance with this article. Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or City Council 17 — 24 ofc2Y2g42JgM-xxx Page 4 of 17 The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units, including new construction and condominium conversions, which meets one or all of the following applicability thresholds: (1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011. (3) Increase of the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zoning classification at the time of application. (4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter. (5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of five (5) percent of the total number of units in the project shall be sold to moderate -income households. (d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows: City Council 17 — 25 01 442GM_Xxx Page 5 of 17 (1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or (2) A minimum of ten (10) percent shall be rented to very low-income households, or (3) A minimum of five (5) percent shall be rented to extremely low-income households, or (4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on - site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in -lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in -lieu fee amount, to satisfy the inclusionary units from that specified by this article. (b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has City Council 17 — 26 01 4420M_Xxx Page 6 of 17 obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse. (d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 Adopted on September 1, 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS- 2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference. Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. (1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum - total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. (2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. (3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of City Council 17 — 27 0tc2Y2442J0M-xxx Page 7 of 17 the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units/Lots Fee Per Square Foot of Habitable Area 5-9 $6.00 10 — 14 $9.00 15 — 19 $12.00 20 or more $15.00 (ii) Local Skilled and Trained Workforce. The use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in -lieu fee payment option. The implementation of this subsection shall be phased as follows: (A) Between November 16, 2021 and December 31, 2025, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in -lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project. However, this fee shall be reduced if the developer provides the City with an executed enforceable commitment to use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project as specified in the table below: Use of Skilled and Trained Workforce Fee Per Square Foot of Habitable Area 30% of workforce utilizing 2 or more construction $10.00 trades 60% of workforce utilizing 3 or more construction $5.00 trades City Council 17 — 28 o1c2Y2g42JgM-xxx Page 8 of 17 A minimum of 20% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (B) Effective January 1, 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in - lieu fee amount shall be required to provide the City with an executed enforceable commitment that 30 percent of the workforce utilized to complete the construction of the project be derived from a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601; and that a minimum of 35 percent of the required skilled and trained workforce total work -hours shall be performed in accordance with local hire policies approved by the City Council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below: Use of Skilled and Trained Fee Per Square Foot of Workforce Habitable Area 60% of workforce $10.00 90% of workforce $5.00 minimum of 35% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in -lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the city approves a phased project, a proportional share of the required fee shall be paid within each phase of the residential project. The in -lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. (4) The provisions of Section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the City Council. Sec. 41-1904.1. Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed City Council 17 — 29 o1c2Y2g42J0M-xxx Page 9 of 17 and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2'/2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. (1) Local Density Bonus. For each 1 percent increase above 5 percent in the percentage of for -sale units affordable to moderate income households, the base density shall be increased by 1.5 percent up to a maximum of 35 percent. Sec. 41-1905. Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. 2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. City Council 17 — 30 0fc2Y2442J02*-xxx Page 10 of 17 (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. Sec. 41-1906. Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. City Council 17 — 31 01 442GM_xxx Page 11 of 17 (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). City Council 17 — 32 01 442GM_Xxx Page 12 of 17 (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. 1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. City Council 17 — 33 01 442GM_xxx Page 13 of 17 2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. Reserved. Sec. 41-1908. Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions: (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities for large families currently living in the City. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and City Council 17 — 34 o1c2Y2g42JgM-xxx Page 14 of 17 procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co - investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged to negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project. If so provided, a minimum of 35% of such labor for the project shall be performed in accordance with local hire policies approved by the City Council. Sec. 41-1910. Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration as needed. (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the City Council 17 — 35 01 442GM_xxx Page 15 of 17 inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. Reserved. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_% John M. Funk Sr. Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor City Council 17 — 36 01c2Y2442J0M-xxx Page 16 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 City Council 17 — 37 01 442GM-xxx Page 17 of 17 EXHIBIT A 2021 List of Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action prior to November 16, 2021, to construct new residential units and are hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS-2994 (HOO). The vested regulations and provisions shall automatically terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code or any applicable State Covid-19 pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference. Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 No. Project Address Project Name Number of HOO Compliance Requirements Dwelling Units 1. 1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required under NS-2994 or payment of in -lieu of $5/sf 2. 301 N. Mountain View Street Mountain View 8 Provide inclusionary units as required by Townhomes NS-2994 or payment of in -lieu of $5/sf 3. 200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf 4. 1109 N. Broadway One Broadway Plaza 415 $15/sf in -lieu payment under a project Mutual Declaration 5. 3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf 6. 2800 N. Main Street/Specific MainPlace Mall 1,900 Provide inclusionary units as required by Plan No. 4 Transformation 1,900 NS-2994 or payment of in -lieu of $5/sf residential units 7. 419 N. Harbor Boulevard Fifth and Harbor 94 Provide inclusionary units as required by (previously 421 N. Harbor Mixed Use Apartments NS-2994 or payment of in -lieu of $5/sf Boulevard) 8. 3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action prior to November 16, 2021, but did not trigger H00 provisions and have been identified herein for implementation clarity. Table 2. Entitled Projects Not Triggering HOO requirements No. Project Address Project Name Number of Dwelling Units HOO Compliance Requirements 1. 201 W. Third Street 3rd and Broadway 171 H00 provisions not applicable to project 2. 409 E. Fourth Street and 509 E. Fourth Street 4th and Mortimer 169 H00 provisions not applicable to project 3. 1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project 4. 200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project 5. 114 E. Fifth Street and 115 E. Fifth Street Rafferty (4t" + Main) 220 HOO provisions not applicable to project City Council 17 — 38 12/21/2021 Finance and Management Services www.santa-ana.org/finance Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Budget Calendar for Fiscal Year 2022-23 AGENDA TITLE: Budget Calendar for Fiscal Year 2022-23 RECOMMENDED ACTION Approve the Budget Calendar for Fiscal Year 2022-23. DISCUSSION Under the direction and leadership of the City Manager, a Budget Calendar ("Calendar") has been developed by the Finance & Management Services Agency. The Calendar (Exhibit 1) is provided for City Council consideration as a guiding document that provides for a successful and transparent budget process. The proposed Calendar provides a framework of key tasks and dates for the City Council, the community, and City staff. Financial Updates, Budget Discussions, and Process The first major item presented to the City Council is the Mid -Year (2nd Quarter) Report to the City Council, which is scheduled for February 15, 2022. The Mid -Year Budget Report will provide a financial update on current general fund revenues and expenditure trends, and recommend budget adjustments and workforce changes. Beginning in mid -March, City Staff will present a framework for the Fiscal Year 2022-23 Budget Discussion and seek direction from the City Council. The discussion topics may include but are not limited to City Council priorities and strategies on funding programs/services. Community budget meetings are planned for March and April 2022 to gather community input. During this time, the Budget Team will also begin conducting budget hearings with city departments. These hearings will provide departments an opportunity to propose any organizational changes, budget requests, and enhancements to existing programs. On May 3, 2022, staff has planned for a Third Quarter General Fund update including updated revenue and expenditure trends, a Ten -Year General Fund Financial Outlook, and preliminary Capital Improvement Program (CIP) update. This will also provide an additional opportunity for further FY 2022-23 budget discussion by the City Council. City Council 18 — 1 12/21/2021 Approve the FY 22-23 Budget Calendar December 21, 2021 Page 2 Subsequently, during May and June 2022, staff has planned to present multiple iterations of the Citywide Operating Budget and CIP. A public hearing (first reading) is planned for June 7, 2022 and the final adoption (second reading) will occur on June 21, 2022. The Calendar commences on December 21, 2021, and concludes with the adoption of the FY 2022-23 Citywide Operating Budget and CIP, which is effective July 1, 2022. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Fiscal Year 2022-23 Budget Calendar Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 18 — 2 12/21/2021 EXHIBIT 1 - City of Santa Ana � Fiscal Year 2022-2023 Budget Calendar* Approval of Budget December 21, 2021 Calendar Present FY 2022-2023 Budget Calendar for City Council approval February 15, 2022 FY 21-22 Mid -Year Budget Report Mid -Year Budget Report to City Council (2nd Quarter Update) March/April 2022 Community Budget Meeting Community Budget Meetings Budget Hearings with Departments Budget Hearings with City Departments March 15, 2022 Early Direction City Council Budget Policy Discussion City Council Budget Policy Discussion May 3, 2022 City Council Budget Workshop Session: FY 2022-2023 Budget Discussion City Council Preliminary FY 2021-2022 Budget Status (3rd Quarter Update) Budget Workshop Session Ten -Year General Fund Financial Outlook Preliminary CIP Capital Improvement Program (CIP Proposed FY 22-23 May 17, 2022 Budget/CIP and City Council City Council Work Study Session Work Study Session City Manager's Proposed FY 2022-2023 General Fund Budget Includes CIP, Miscellaneous Fees, and Workforce Changes June 7, 2022 Public Hearing Citywide Operating Budget/CIP Ordinance and Miscellaneous Fees and Personnel Resolution Second Reading and June 21, 2022 Adoption Final Citywide Operating Budget/CIP Ordinance Adoption July 1, 2022 Begin (Jft6igar 18 Start of New Fiscal Year 12/21/2021 *Budget Calendar is subject to change. Library www.santa-ana.org/library Item # 19 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Purchase of Online Subscriptions for the Library AGENDA TITLE: Approve a Sole Source Purchase Order to Califa Group to Provide Online Subscriptions to ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi -State Collection, and Newsbank for One Year (General and Non -General Fund) RECOMMENDED ACTION Approve a sole source purchase order to Califa Group to provide online subscriptions to ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi -State Collection, and Newsbank for one year from the date of registration to online services in the amount not to exceed $55,556.12, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Public Library (SAPL) is a member of Califa Group, which is a nonprofit library membership consortium of more than 230 libraries located in California. Califa negotiates pricing agreements and group purchases with more than 60 Califa-approved vendors. As a member, the SAPL receives discounts when purchasing products and services directly through Califa Group. In recent years, electronic content has become very popular especially with children and teens. The COVID-19 pandemic has also emphasized the importance of offering library services that residents can connect to safely from home. Additionally, electronic content offers library users of all ages a convenient way to access information from home or anywhere there is an internet connection. The Library's ongoing expansion of online and virtual educational offerings to children and students will further help to bridge the digital divide in Santa Ana and increase access and equity to underserved residents throughout the community. The SAPL would like to purchase the following online subscriptions from Califa Group for one year from the date of registration to online services: City Council 19 — 1 12/21/2021 Purchase of Online Subscriptions for the Library December 21, 2021 Page 2 • ABCmouse ($10,040.48) — A subscription -based digital education program for children ages 2-8. Library patrons can access ABCmouse remotely from home or anywhere there is an Internet connection. • Mango Languages ($11,404.12) — An online language website that offers library patrons an option to log in the website or use a mobile app to learn language courses of their choice. • Ancestry ($10,426.52) — An online database that offers billions of records in census data, vital records, directories, photos, and more. • Newspaper Archive Multi -State Collection ($10,215.00) — An online subscription that offers library patrons access to over 350 newspapers across California as well as other newspapers from other states such as Nevada, Arizona, Oregon, and Washington. • Newsbank ($13,470.00) — An online database that provides a comprehensive collection of reliable news sources covering a wide array of topics and issues. It offers local, regional, and national U.S. newspapers including the Orange County Register. By purchasing ABCmouse, Mango Languages, Ancestry, Newspaper Archive Multi -State Collection, and Newsbank subscriptions directly from Califa Group, the SAPL realizes a saving of $6,698.43. The SAPL will register for services within 30 days of receipt of the approved purchase order. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts for the specified year. Fiscal Year Accounting Unit -Account # Fund Description Accounting Unit - Account Description Amount FY 21-22 01211020- Cannabis CPBF Library $41.556.12 62140 Public Benefit Youth Services - Fund Membership, Subscription & Dues FY 21-22 01111190- General Fund Library Technology $14,000.00 62140 & Support Services - Membership, Subscription & Dues City Council 19 — 2 12/21/2021 Purchase of Online Subscriptions for the Library December 21, 2021 Page 3 EXHIBIT(S) 1. Califa Group Quote Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager City Council 19 — 3 12/21/2021 calia Date: November 29, 2021 To: Lynn Nguyen, Inguyen@santa-ana.org Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Contact: Kathy Kosinski, Kathy@caIifa.org Quote valid for 90 days Quote for resources with additional Califa discounting • ABCmouse o List price: $11,266.55 o Price to Santa Ana: $10,040.48 o Savings: $1,226.07 • Ancestry o List price: $11,500.00 o Price to Santa Ana: $10,426.52 o Savings: $1,073.48 • Mango Languages o List price: $15,803 o Price to Santa Ana: $11,404.12 o Savings: $4,398.88 Quote for resources where Califa discounting is unavailable • Newspaper Archive Multi -State Collection (California, Nevada, Arizona, Washington and Oregon) o Price to Santa Ana: $10,215.00 • Newsbank o Price to Santa Ana: $13,470.00 Thank you for your business! Best, Kathy City Council Califa Office: 330 Townsend Street Suite 13�3�an F2ancisco, California 94107 12/21 /2021 Toll Free -CA 888 239 2289 T 415 874 9465 E kathy@califa.org www.califa.org Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Contract for Sewage Grinder Units to Include Preventative Maintenance, Rebuild, Repair, and Replacement of Units on an As -Needed Basis AGENDA TITLE Award a Blanket Order Contract to Powers Brothers Machine, Inc. for Preventative Maintenance Services and As -Needed Rebuilds or Repairs for the City's Existing Sewage Grinder Units in An Amount Not to Exceed $575,000 Over a Three -Year Period (Specification No. 21-080) (Non -General Fund) RECOMMENDED ACTION Award a blanket order contract to Powers Brothers Machine, Inc., for preventative maintenance services and as -needed rebuilds or repairs for the City's existing sewage grinder units, including replacement units and parts, in an amount not to exceed $575,000 for a three-year period expiring November 1, 2024, with provisions for one, two-year renewal period exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division maintains approximately 400 miles of sewer main in the City's sanitary sewer system. Maintaining a consistent flow in the mains is important for the health of the sanitary sewer system; large objects that enter the system can slow down and clog the system, causing backups, spills, and damage equipment at the sewer pumping stations. To combat this, the City uses sewage grinders at sewer lift stations to break down large objects that could otherwise impact the system's ability to properly convey sewage to the Orange County Sanitation District for treatment. The Notice Inviting Bids was advertised on August 2, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 432 Vendors were notified 21 Santa Ana vendors were notified 20 Vendors downloaded the bid packet 1 Bids received 0 Bids received from Santa Ana vendors City Council 20-1 12/21/2021 Blanket Order Contract for Sewage Grinder Units December 21, 2021 Page 2 One bid was received and opened on August 26, 2021. The bid submitted from Powers Brothers Machine, Inc., located in Montebello, California, is responsive to the specifications, and meets the City's requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $142,000 are available for expenditure in the current Fiscal Year 2021-22, and will be budgeted in future fiscal years as follows: Fiscal Accounting Unit Fund Accounting Unit, Year - Account # Description Account Description Amount Sanitary Sanitary Sewer 2021-22 05617640-62300 Sewer Service, Contract $67,000 Service Services -Professional Sanitary Sanitary Sewer 2021-22 05617640-66400 Sewer Service, Machinery & $75,000 Service Equipment Sanitary Sanitary Sewer 2022-23 05617640-62300 Sewer Service, Contract $67,000 Service Services -Professional Sanitary Sanitary Sewer 2022-23 05617640-66400 Sewer Service, Machinery & $75,000 Service Equipment Sanitary Sanitary Sewer 2023-24 05617640-62300 Sewer Service, Contract $67,000 Service Services -Professional Sanitary Sanitary Sewer 2023-24 05617640-66400 Sewer Service, Machinery & $75,000 Service Equipment Option Years Sanitary Sanitary Sewer 2024-25 05617640-62300 Sewer Service, Contract $100,000 Service Services -Professional Sanitary Sanitary Sewer 2025-26 05617640-62300 Sewer Service, Machinery & $49,000 Service Equipment Total: $575,000 City Council 20 — 2 12/21/2021 Blanket Order Contract for Sewage Grinder Units December 21, 2021 Page 3 EXHIBIT(S) 1. Quote Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 20 — 3 12/21/2021 " =� -•AF TOTAL QUALITY SERVICE :.� The City of Santa Ana is committed to the principles of Total Quality Service (TQS) in serving its customers. All aspects of the City's service are affected including our commitment to making on -time payment for material and services received. Since vendors, who provide services and/or material to the City are indirectly serving the same customers, it is important for the City to expect vendors to share the same commitment to quality including price, delivery and product quality, as well as timely response and service quality. Therefore, prepare a statement of your "quality commitment" to accompany your bid. The statement should address the following five items in regard to services and/or material provided to the City for your quoted price: 1. ON -TIME DELIVERY: a commitment to delivering material & services on or before the promised time. 2. TIMELY RESPONSE: a commitment to consistent timely response to all service requests. 3, QUALITY AS SPECIFIED: a commitment to provide products and/or service meeting or exceeding the specification at your quoted price. 4. QUALITY CONTROL: a commitment to use methods or procedures to assure quality control of service, material and invoicing. 5. CUSTOMER SATISFACTION: a commitment to resolve customer concerns regarding the quality of service or material supplied. The quality statement should be included with your bid. It is required as a prerequisite to making your bid responsive and therefore must be submitted before your bid is evaluated. To the extent that your statement enhance the quality of service or material provided to the City, your statement will be incorporated in the terms and conditions of the contract. Please Complete This Self -Rating of Delivery (complete) Performance: Circle One: on time late Previous Orders: 0 4 3 2 1 Service Response Performance: 0 4 3 2 1 Order for items on this bid: 5 4 3 2 1 Write your statement below or on an enclosed separate sheet. Powerg brols. Mqwne inc. S-a-3-aa-A-� Legal Name of Company Date aseu Pow Authorized Signature me (Print) THIS FORM MUST BE COMPLETED AND SUBMITTED WITH E-BID. City Council 22 — 4 12121d?PP j 1FB 21-080 CHANNEL MONSTER SEWAGE RINDER UNITS OF 28 Powers Bros. Machine Inc. Quality Commitment Powers Bro's Machine Inc. is committed to providing quality products on time that meet or exceed customer's expectations for product quality and performance by: • On -Time Delivery: a commitment to delivering material and services on or before promised time • Timely Response: a commitment to consistent timely response to all service requests. • Quality As Specified: a commitment to provide products and/or service meeting or exceeding the specification at your quoted price. • Quality Control- a commitment to use methods to procedures to assure quality control of service, material, and invoicing. • Customer Satisfaction: a commitment to resolve customer concerns regarding the quality service or material supplied. Powers Bro's Machine Inc. will ensure success through the. adherence to an effective quality management system (attached with E-bid) based on continual improvement and customer satisfaction. Casey Powers Secretary/Treasurer Powers Bro's Machine, Inc. (323)728-2010 8100 SIauson Ave. Montebello, CA 90640 Case c,PowersBros.com www.powersbros.com City Council 20 — 5 12/21/2021 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City Of Santa -Ana, the Firm listed below certifies that it will not discriminate in its employment practices against any employee or applicant for employment because of such person's race, color, religion, sex or national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition; that it is in compliance with all federal, state and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees within the company. 2. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting service, especially those servicing minority communities, and to the minority communities at large, Nvars �ros.MAChin�Thc. Legal Name of Company Authorized Sig 8-;Z3-foal Date )OWM S Q crPIM Name (Print) & Title U Treasurer Please include any additional information available regarding equal opportunity employment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH E-BID, IFB 21QtY Council SEWAGE GRINDEF2ON4-TS 12/21 2$ of 28 BID PROPOSAL FORM SEWAGE GRINDER UNITS The undersigned declares that they have carefully examined the scope of work, have read the accompanying instructions to bidders, and hereby propose to furnish and deliver traffic signal controller cabinets, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are forbid comparison only and are subject to change, The City reserves the right to increase or decrease quantities based on current needs. Please refer to Appendix A for product specifications. LINE TOTAL ITEM • ITEM DESCRIPTION' " ` Furnish full Channel Monster Sewage Grinder unit, Model 1 02 5f0?.0O s`12 6102.00 1 CMD2410-XDS2.0, with MCC and 5 HP Motor EA Renew/Rebuild Channel Monster Sewage Grinder, Model 3 O 0n $0f,�Q�.W $tiQ23�5.OQ 2 CMD2410-XDS2.0 EA Furnish full In -Line Muffin Monster Grinder unit, Model 5 AA $-1� 41.Q0 $21rr�� II11 gU5.X 3 30004T-2412, with MCC and 5 HP Motor EA ,� Renew/Rebuild In -Line Muffin Monster Grinder, Model 5 $ ��J �,�.00 $ m, 125,00 `� 1 4 30004T-2412 EA Sales Tax Amount (Please note sales tax rate in comments 1 $l�J i section LOT ,qo BASE BID TOTAL LOT MISCELLANEOUS For items not specified herein, vendor must enter minimum percentage (%) discount offered to the City at the unit price (10% would be entered as .10). Discount from vendor's price MISC list shall remain firm throughout the term of the contract. EA V % DELIVERY DEL Stock Items - Number of days after receipt of order DAY Q S DEL Non -Stock Items - Number of days after receipt of order DAY Q Location - Type address of store or satellite warehouse in u Mohfi�'�b�� 4Y} �nl�_� N MCA comments section and a zero -dollar amount in unit price DEL area. EA PRICING SHALL BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. IFB 2ittgoCouncll SEWAGE GRIND2Q �S 1 2/21 /2@Qn 27 OF 28 BID PROPOSAL FORM SEWAGE GRINDER UNITS NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITITES AND ARE NOT GUARANTEED. BIDDERS STATEMENT: I have read, understand, and agree to the terms and conditions on all pages of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. wgrS Bros. MacNhe Inc. COMPLETE LEGAL NAME OF COMPANY Wo SlQuson 'Rve. BUSINESS ADDRESS SIRE x { SIGNATURE OF AGENT cQugpowmb EMAIL ADDRESS 0 q5- 310-19A TAXPAYER I.D. NO. MantebelloiCp °Ioe40 CITY/STATE ZIP CODE Cgsey powers NAME (PRINT) 323 72` -2010 PHONE NUMBER THIS FORM MUST BE COMPLETED AND SUBMITTED WITH E-BID. IFB 2Q �$yoCOUncil SEWAGE GRIND201:4 FS 12/21 19AW 28 OF 28 MAYOR Vicente 5armiento MAYOR PRO TEM Davin Penaloza COUNCILMEMBER5 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan August 24, 2021 CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES 20 Civic Center Plaza a P.O, Box 1988 Santa Ana, California 92702 www.santa-ana.ara ADDENDUM 1: QUESTIONS & ANSWERS INVITATION FOR BIDS (IFB) NO. 21-080 SEWAGE GRINDER UNITS CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Notice is hereby given to Bidders that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of IFB No. 21-080 Sewage Grinder Units. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. ANSWERS TO QUESTIONS SUBMITTED BY THE DEADLINE ARE AS FOLLOWS: 1. Q: For line items 2 and 4 are you asking for an hourly rate or an overall cost to renew/rebuild the units? A. The City is requesting an overall cost estimate to renew/rebuild the units based on the specifications m the Description of Bid Items on page 21-22 of the Bid Document. Thank you for your participation and interest in doing business with the City of Santa Ana. Please contact me if you have any questions at (714) 647-6584 or via email at EPierce santa-ana.orq Sincerely, Eva Pierce Buyer Finance and Management Services Agency SANTA ANA CITY COUNCIL bawd Penaloza Thai Viet Phan Jessie LnP r:% Phil ea"rra Johnathan Ryan Hernanrle7 NOMA klgtovz, h; ,r ward _}_nr_an1�;2:i�n3-�a.nrrl Ci rj �� IoharlAwta ana.ara Inssieiavetfalsanla-an silfrl _ 9 rre 56niAdn .O irvanhern r.# '� mm�ndozar�gaanla�n�.orn Proposal By: Casey Powers ■ Powers Bros. Machine Inc. 8100 Slauson Ave. ► Montebello, Ca 90640 (323)728-20I0 ti L City of Santa Ana, Finance and Management Services Agency Purchasing Division We are submitting to you the proposal, due August 26, 2021, that you requested. The contents within this proposal have been put together as required by the request for proposals (RFP), titled, Sewage Grinder Units (IFB) No. 21-080, 1 have read the RFP and understand the scope of services required, and I believe Powers Bros. Machine Inc. is best suited for this project. We thank you for your consideration. I am confident that Powers Bros. Machine Inc., meets and will exceed the expectations of the City of Santa Ana. Sincerely_ Casey Powers Secretary/Treasurer Powers Bros. Machine, Inc. (323) 728-2010 8100 Slauson Ave. Montebello, CA 90640 Casey a,PowersBros.com ww",.PowersBros.com City Council 20 — 11 12/21/2021 Qualifications Powers Bros. Machine, Inc, founded and incorporated in 1976 has a long history of being a superior industrial repair facility in Southern California. We offer a wide variety of knowledge when it comes to repairing and overhauling different rotating and reciprocating industrial pumps, flow control equipment, blowers, and compressors. Our 53,000 sq./ft facility in Montebello has evolved over the years to handle a variety of different pumps, compressors, motors, and blowers. Our facility is filly equipped with overhead cranes. Our services we offer in-house include; • Machining • Boring • OD, ID, and Surface Grinding • Thermal Coatings, including plasma and HVOF • Large Presses • Shaft Straightening • Mill Work • Crankshaft Grinding • Welding • Balancing • Vibration Analysis • Mechanical Bay Powers Bros. Machine Inc, has worked on many different and diverse projects over the last few decades. Predominantly our work load consists of submersible pumps, vertical pumps — booster booster pumps, motors, gear boxes, and blowers. More specifically we have repaired vertical and centrifugal pumps for Huntington Beach City, Los Angeles County Sanitation District, Los Angeles County Department of Public Works, Orange County Sanitation District, and many other companies and municipalities. We have a very extensive Equipment List (available upon request) of both machinery in house and field service tools for removing equipment off site and in place machining. Our staff at Powers Bros. consist of highly qualified mechanics, machinist, lead supervisors and managers. Our Operating Manager, Mitchell Powers has been in the industrial repair industry for 45 years and has the knowledge, experience and skills of managing projects, people, and workflow. Along with Mitchell Powers" managing ability he also is a highly skilled mechanic and machinist and can dedicate his time and abilities to your project. Mitchell Powers Jr. our Shop Manager has the knowledge, skills, abilities to carry out the physical work on these pumps. He will personally be the mechanic cleaning, inspecting, repairing, machining, and welding to refurbish the all the pump and motor components. He has the experience and knowledge on how to work on pumps and electric motors with size and horsepower as described in the Request for Proposal. Our owner Mitchell Powers is a working owner committing himself to 40+ hours a week. He has 37+ years of experience in rehabilitating pumps among many other industrial refurbishments. He personally has been working with the Los Angeles County City Council 20 — 12 12/21/2021 Sanitation District since the late 1980's. Mitchell Powers has the knowledge, skills, and abilities to carry out the physical work on these pumps and motors. Powers Bros. shop hours are Monday -Friday 7:00 am - 5:00 pm. Powers Bros. is an S corporation, and we have a total of 12 full-time employees. Powers Bros. accommodates the needs of our customers and offers extended working hours. We offer emergency repairs 24/7/365. We can work around the clock until the project is done. In our world of industrial repair and pump repair, it's very common for equipment to require emergency refurbishment and we are no stranger to doing whatever it takes to complete the task at hand. References Client: City of Pasadena Contact: James Colvard Contact Title: HVAC/Plumbing Superintendent Address: 100 N Garfield Avenue Room N023 Pasadena, CA 91101-1726 Phone Number: 626-744-3864 Email: jcolvard,cityofpasadena.net Services Provided: To provide annual and quarterly maintenance services for two sewer lift stations, one muffin monster trash grinder pump, and one booster station. Dates: 2020-Present Total Fees: $50,000 Client: Los Angeles County Public Works Department Contact: Marissa Morelos Contact Title: Associate Civil Engineer Address: 900 S. Fremont Ave, Alhambra, CA 91803 Email: mmorelos a,dwpJacounty.govv Phone: 626-300-3370 Services Provided: As -Needed Sewer Pump and Motor Repair Services Bid Related Project: Provide Man Power and Tooling to Install New 30005-0012-DI Muffin Monster and Control Panel 3HP Grinder Motor Dates: March 2017-Present Total Cost: $2,200,000 Client: City of Huntingtin Beach Contact: Harry Bessa Contact Title: Maintenance Team Leader Address: 19001 Huntington St. Huntington Beach, CA 92648 Phone Number: 714-614-5016 Email: hbessa0surf6ty-hb.org Services Provided: Pump Refurbishment Services: furnish all labor, materials, tools, equipment, services, incidental, and customary work necessary to fully and adequately supply the services. City Council 20 — 13 12/21/2021 Dates: 2018-Present Total Fees: $43,000 Client: Port of Long Beach Contact: Shannon Everson Contact Title: Plumbing Supervisor Maintenance Division Address: 725 Harbor Plaza, Long Beach, CA 90802 Phone Number: 562-283-7324 Email: sliannon.everson ra polb.com Services Provided: On -Call Pump Services, including all material, labor services, electrical, controls, for Wemco, Essco, Peerless, and other brands. Dates: March 2017-Present Total Cost: $500,000 Client: Downstream Services Contact: Clark Roberts Contact Title: VP of Operations Preventative Maintenance Address: 2855 Progress Place Escondido, CA 92029 Phone Number: 760-297-0381 Email: clarkr(ctreamservices.com Services Provided: Pump Refurbishment Services: furnish all labor, materials, tools, equipment, services, incidental, and customary work necessary to fully and adequately supply the services. Dates: 2019-Present Total Fees: $300,000 Client: City of Orange -Sheriff Coroner Department Contact: Jorge Moraza Contact Title: Shop Planner Address: 320 N Flower St. Second Floor Phone Number: 714-920-1249 Email: 'moraza00csd.org Services Provided: Maintenance and repair services of pumps including but not limited to pumps for potable water, non -potable water, heating and tolling, and sewage pumps. Services shall include replacement of pumps and components, including motors and controllers to all pump manufacturer types of various sizes. Dates: 2019-Present Total Fees: $60,000 City Council 20 — 14 12/21/2021 Appendices Powers Bros. Machine holds many Licenses, Certifications and Permits to operate a business in Los Angeles, CA. Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Business License Certification No. 10700585, issued by City of Montebello, CA Permit to Resell No. 14-657487, issued by State of California, Board of Equalization Small and Local Business Enterprise 511468, issued by the State of California Department of Consumer and Business Affairs Contractors State License 1021366, issued by Department of Consumer Affairs State of California Department of Industrial Relations, License 1000058131 Powers Bros. Management System Manual Conforms to ISO 9001:2015 City Council 20 — 15 12/21/2021 Appendix I CITY OF MONTEBELLO BUSINESS LICENSE "For Services Provided in the City of Montebello, CatifDmia Q Business Name POWERS BROS. M INE' Business Location 8100 E StAUSON of MONTEBELLO,.. Business Owner(s) MITCHELL POWE "' ` iwo CHARLES R. POW R5w� POWERS BROS. MACHINE, INC. S 8100 E SIAUSON AVE" MONTEBELLO, CA 90640 The person, firm at corporation above named is hereby granted license the CITY OF MONTEBELLO, CALIFORNIA, the business trading calling pros a ebb ocwpation describW above, for the period indi-led. This license is permission only, no! en ° endorsement or license. POWERS BROS. MACHINE, INC.: 2020 - 2021 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE. REPAIR COMM`LIIND MACHINE PART .Licens 'Number 10700585 Effective Date December 06, 2020 hWo fxpiratian Date December 05, 2021 "A C. For all inquiries regarding this license, contact HdL Business Tax Support Center at (323) 24M614, Thank you for your payment on your City of Montebello Business License, ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: montebello@hdlgov.com or by telephone at: (323) 248-8614. Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license. This certificate does not entitle the holder to conduct business before complying with all requirements of the Montebello Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the City of Montebello please display the Business License above in a conspicuous place at the premises. Otherwise, every Business License holder not having a fixed place of business in the City shall keep the Business License upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https:i/www.dca.ca.govfpublicationsl AM I BUSINESS LICENSING ono 8839 N CEDAR AVE #212 R 1W ERESNO, CA 93720-1 B32 51 0 POWERS BROS. MACHINE, INC. 8100 E SLAUSON AVE MONTEBELLO, CA 90640 City of Montebello BUSINESS LICENSE License Number: 10700685 Date of issue: 1210612020 City Council 20 — 16 12/21/2021 Appendix 2 OF VkF4 � CALIFORNIA, STATE BOARD OF EQUALIZATION SELLERS PERMIT r/79 SR AD 14-657487 Powers .giros. Machine, Zne. 80GO Salt Lake Ave. Hurltington Park, CA 90255 L. .J IS HEREBY AUTHORIZED PURSUANT TO SALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION STATE BOARD OF EQUALIZATION THIS PERMIT IS VALID UNTIL REVOKED OR CANCELLED BUT 1S NOT TRANSFERABLE r BT-442.R REv• 7 t4.701 i s DISPLAY CONSPICUOUSLY AT THE PLAd OF BUSINESS FOR WHICH ISSUED City Council 20 — 17 12/21/2021 Appendix 3 �Ati Of :OS qh C41iF4RN�� { BOARD OF SUPERVISORS Hilda L. Solis Mark Ridley -Thomas Sheila Kuehl Janice Hahn Kathryn Barger February 18, 2020 COUNTY OF LOS ANGELES DEPARTMENT OF CONSUMER It AND BUSINESS AFFAIRS Joseph M. Nicchitta Director "To Enrich Lives Through Effective and Caring Service" Joel Ayala Chief deputy Rafael Carbajal Chief deputy CASEY D POWERS POWERS BROS MACHINE INC 8100 SLAUSON AVE. MONTEBELLO, CA 90640 Vendor #: 511468 Certification Record #:088260 CERTIFICATION FOR NON -FEDERALLY FUNDED COUNTY SOLICITATIONS Dear CASEY D POWERS, Congratulations! Your business is now certified as a Local Small Business Enterprise (LSBE) with the County of Los Angeles effective as of the date of this letter. Your LSBE certification expiration date is based on your State of California Department of General Services' (OGS) small business certification. Your certification expires on February 28, 2022. Your business is eligible for LSBE preference consideration in those County of Los Angeles solicitations which include the "Request for Preference Consideration" form. You must complete the form and provide your Vendor Number in your bid/proposal along with a copy of this approval letter for each response to receive the preference. Additionally, the Board of Supervisors established a "Countywide Small Business Payment Liaison and Prompt Pay Program". As a certified LSBE, your company is now eligible for a 15-day prompt payment. Please call the Small Business Services office at 855-230-6430 or send an email to osb(@dcba.lacounty.gov to request your free Prompt Payment Stamp and instructions. The County of Los Angeles Department of Consumer and Business Affairs reserves the right to request additional information and/or conduct an on -site visit to verify your company's eligibility for the program. Please contact our office immediately if your business experiences any changes that could affect eligibility during the certification period. Again, congratulations on your certification. If you have any questions about our LSBE Program, please call us at 323- 881-3964, visit our website at.http://dcba.lacountv..qo or email us atosb .dcba.laCOLinty.gov. Sincerely, Joseph M. Nicchitta Director Christian Olmos Program Chief, Office of Small Business JMN:CO City Council 500 W. Temple Street, Room B-P IMJAgeles, CA 90012-2706 12/21 /2021 Telephone (213) 974-1452 * (800) 593-13222 * Fax (213) 687-1137 " Website: dcba.lacounty. ov Appendix 4 y N m a i' 0 � ro CD m Cr N J=L � O j � 1 N � 0 *. V C7 1 �r CD D C w 0 M r— M] Ii lu 0 m OU 0 U) 2 z rn_ E n City Council 20 - 19 12/21 /2021 Appendix 5 City j ci a 4r 7 � C u�7p O y 1 L � ! C 0 Le C J LU 4 C a O ti a � m G HOC is 0 JpF� s Q n •� N �. � �V1 L y 0. N ddc Gi. F u 16 16 20 — 20 12/21 F 4n 1 Appendix 6 ......................................................................................................................................................................... POWERS BROS. MACHINE Management System Manual Revision 0 Issued 1-.Tune-2020 Conforms to ISO 9001:2015 ,02020 Powers Bros. Machine Inc; all rights reserved. This document may contain proprietary information and may only be released to third parties with approval of management. Document is uncontrolled unless otherwise marked; uncontrolled documents are not subject to update notification. City Council 20 — 21 12/21/2021 THE QUALITY MANUAL Table of Contents 1. Powers Bros Introduction 2. Powers Bros approach in adoption of ISO 9001 3. Terms and Definitions 4. Context of the Organization 4.1. Understanding the organization and its context 4.2. Understanding the needs and expectations of interested parties 4.3. Determining the scope of the quality management 4.4. Powers Bros. Quality management system and its processes 5. Leadership 5.1. Leadership and commitment 5.2. Policy 5.3. Organizational roles, responsibilities, and authorities 6. Planning 6.1. Actions to address risks and opportunities 6.2. Quality objectives and planning to achieve them 6.3. Planning of changes 7. Support 7.1. Resources 7.2. Competence 7.3. Awareness 7.4. Communication 7.5. Documented information 8. Operation 8.1. Operational planning and control 8.2. Requirements for products and services 8.3. Design and development of products and services (Does Not Apply) 8.4. Control of Vendor processes, products, and services 8.5. Production and service provision 8.6. Release of products and services 8.7. ISO 9001 Measurement, analysis, and evaluation 8.8. Internal audit 8.9. Management review 9. Improvement 9.1. Nonconformity and corrective action 9.2. Continual improvement Appendix I QMS General Process Map (QMSD-202) Appendix 2 QMS Processes and Documents. (QMSD-210) Appendix 3 QMS Process Diagram (QMSD-205) Appendix 4 Monitoring and Measurement Criteria (QMSD-206) Appendix 5 QMS Company Organization Chart (QMSD-201) City Council 20 — 22 12/21/2021 THE QUALITY MANUAL 1. Powers Bros Introduction Powers Bros. Machine is an Industrial Machine Shop specializing in Metal coatings. We have been in business since 1976 servicing Southern California. We rebuild rotating mechanical equipment, pumps, blowers, compressors, and gear boxes for water processing plants, refineries, and industrial facilities. We discovered from the beginning that to continue to build and retain our clients, customer service was essential. We have the most responsive customer service department possible. our customer service representatives are empowered to help you with your need. Powers Bros. provides full machining services to a broad spectrum of clientele. Powers Bros. is committed to servicing our clients at a reasonable price. We will fulfill our customer's needs, exceed their expectations, and provide them with the highest quality products and services in a timely manner. Powers Bros, is dedicated to be a leader in the industrial Repair Industry in Southern California. The true measure of quality at Powers Bros.is customer satisfaction. Because customer Satisfaction and the quality of our products and services are and will continue to be the keys to our competitiveness for years to come. It is increasingly vital for us to understand and use our quality management system to do the best job, the first time, every time. To ensure that our quality management system will continue to provide a solid foundation for success, it is essential that we continually improve our quality management system and related processes. 2. Powers Bros approach in adoption of ISO 9001:2015 Quality Management System (ISO 9001) 1. Meet customer requirements the most important perused goal of being ISO 9001 certified is being able to meet the increasing demands of customers. Powers Bros. by adopting the ISO 9001 is determined to assure the customers of existence of quality through documented procedures and by continually improving management system. 2. Achieve competitive advantage Powers Bros. believes an efficient and effective management system is the foundation of a successful market strategy. A management system that is well-defined and documented, and benefits from merely of a shared understanding of how things are done. The effective ISO 9001 certification expands the market accessibility and provides the upper hand position in customer evaluations. 3. Improve company and service quality by adopting the ISO 9001, Powers Bros. increases the quality of products. and improves the processes across the entire organization. 4. Describe, understand, and communicate the company's processes by attaining ISO 9001 certification Powers Bros. identifies, manages, and monitors and continually improves the business processes 5. Create a professional business culture Powers Bros, has adopted the ISO 9001 to motivate and empower employee. This goal realizes by providing employees with everything they need to perform well, i.e. clear expectations and the tools they need to perform the tasks expected of them, and quick, and timely feedback on their performance. City Council 20 — 23 12/21/2021 3. Terms and Definitions Document Control Ensuring that the most current version is in use by issuing a document with a reference and issue number so that the correct version of the document is always used. Record Control A record is a completed document. Record control is the method by which a company makes finding individual records efficient. It can also refer to how it files, removes, and dispositions individual records. Procedure A procedure is a set way of doing something and is driven by the completion of a task with a focus on satisfying the rules. Requirement Need or expectation that is stated. generally implied or obligatory Capability Ability of company, system, or process to realize a product that will fulfill the requirements for that product Supplier The company that provides material or service to Powers Bros, Active Supplier A supplier, who has been evaluated and approved to provide quality service or product Inactive supplier Suppliers that show an unsatisfactory quality and poor performance. Conformity To conform means to meet or comply to requirements. Correction A correction is any action that is taken to eliminate a nonconformity Corrective Action are steps that are taken to eliminate the causes of existing nonconformities to prevent recurrence. Preventive Action are steps that are taken to remove the causes of potential nonconformities or potential situations that are undesirable. The preventive action process is designed to prevent the occurrence of nonconformities or situations that do not yet exist. It tries to prevent occurrence by eliminating causes. Difference between Corrective Action and Preventive Action Corrective action is a reaction to a problem that has already occurred but. preventive action is initiated to stop a potential problem from occurring Inspection use observation, measurement, testing and judgment to evaluate conformity of product characteristics regarding to product requirements. Nonconforming product When one or more characteristics of a product fail to meet specified requirements, it is referred to as a nonconforming product. Nonconforming products must be identified and controlled to prevent unintended use or delivery. Outside processing an outside processing is any process that is part of Powers Bros, production, but is performed by a party that is external to Powers Bros. City Council 20 — 24 12/21/2021 Customer Property- Property owned by the customer and provided for use in meeting the requirements of the contract, Customer property can include intellectual property. Calibration A set of operations that establish, under specified conditions, the relationship between the values of quantities indicated by measuring instrument or measuring system and the corresponding values realized by standards. Accuracy The closeness of agreement between a test result and the accepted reference value Precision is a measure of the repeatability of a measuring system Calibration Interval or Frequency The period of time or series of measurements during which calibration can be expected to remain stable within specified and documented limits. Calibration Service Provider An external organization demonstrating appropriate technical scope and competency of calibration by accreditation to ISO / IEC 17025 through authorized signatories of an international accreditation body. Measuring and Test Equipment All devices used to gauge, measure, test, inspect, or otherwise determine compliance with prescribed technical requirements. Management review the overall purpose of a management review is to evaluate the suitability, adequacy, and effectiveness of an organization's quality management system, and to look for improvement opportunities. Management reviews are also used to identify and assess opportunities to change an organization's quality policy and quality objectives, to address resource needs, and to look for opportunities to improve its products. KPI A key performance indicator (KPI) is a metric or measure. KPIs are used to quantify and evaluate organizational success. Special Process The process, which the resulting output cannot be verified by subsequent monitoring or measurement and, therefore, deficiencies become apparent only after the product is in use. Product identification Knowing the identity of (yours or customer supplied) product from - incoming receipt of materials; raw material storage; use in production; work in progress; finished product storage; and delivery of product to the customer. Product identification can be controlled using physical and electronic methods. Product status Knowing the quality status (good or bad) of materials and product through each of the above stages. Product status can be controlled using physical and electronic methods. Unique Product Identification Production Order Number assigned to every job, a.k.a. Job Number Asset Register A list of all the Assets in a workplace, together with information about those assets, such as manufacturer, vendor, make, model, specifications etc. CMS>As,sets Machine Breakdown A specific type of failure, where an item of plant or equipment is completely unable to function. City Council 20 — 25 12/21/2021 Corrective Maintenance or Repair Any maintenance activity which is required to correct a failure that has occurred or is in the process of occurring. This activity may consist of repair, restoration, or replacement of components. Preventive Maintenance or PM an equipment maintenance strategy based on replacing, overhauling or remanufacturing an item at a fixed interval, regardless of its condition at the time. Scheduled Restoration tasks and Scheduled Discard tasks are both examples of Preventive Maintenance tasks. Inspection Conformity evaluation by observation and judgment accompanied as appropriate by measurement, testing or gaging. Test Determination of one or more characteristics according to a procedure. Defect Non -fulfilment of a requirement, related to an intended or specified use Audit An audit is a systematic, independent, and documented process for: 1- Obtaining evidence and 2- Evaluating it objectively to determine the extent to which audit criteria are fulfilled. Auditor Person with the competence to conduct an audit Audit criteria Set of policies, procedures or requirements used as a reference Audit Evidence Records, statements of fact or other information which are relevant to the audit criteria and verifiable Audit Findings Audit Findings are the results of the evaluation of the collected audit Evidence against audit Criteria which are: • Conformity: Fulfillment of requirement • Nonconformity: None -fulfillment of a requirement Qualified Employee Who can demonstrate ability to apply knowledge and skills. Training Need The difference between what the employee can do now and what they are required to do to carry out their job effectively and efficiently Training Survey A process of gathering information to determine whether there is a training need. Training Needs Analysis A training needs analysis is the rnethod of determining if a training need exists and if it does, what training is required - Employee Training Matrix (QMSF-309). Training Effectiveness Evaluation To confirm that both organizational and training objectives have been met, i.e, training has been effective. Job Shop Production System A job shop is a type of manufacturing process in which small batches of a variety of custom products are made. In the job shop process flow, most of the products require a unique setup and sequencing of process steps. City Council 20 — 26 12/21/2021 Job Routing When an order arrives in the job shop, the part being worked on travels throughout the various areas according to a sequence of operations. Not all jobs will use every machine in the plant. Jobs often travel in a jumbled routing and may return to the same machine for processing several times 4. Context of the Organization 4.1. Understanding the organization and its context Powers Bros. has determined internal and external issues that are relevant to the mission and purpose of the organization, whereby the mission and purpose has defined as follows: "The sale and repair of industrial equipment to Customer Specification" In compliance with ISO 9001:2015, clause 4.1, Powers Bros. has established The Company's Strategic Plan (QMSD-207) and reviews as important input of management review process at least once a year. The company's Strategic Plan shall include the internal and external positive and negative factors (strength, weakness, threads, and opportunities according to SWOT methodology) effecting the business environment. Internal issues may include subjects that can affect the customer satisfaction and delivery of quality product such as contractual relationships with customers, and its interested parties, culture, beliefs, values, or principles inside the organization, complexity of processes and organizational structure. External issues may include, subjects arising from its social, technological, environmental, ethical, political, legal, and economic environment_ 4.2. Understanding the needs and expectations of interested parties Powers Bros. identifies the interested parties with respect to their effect or potential effect on the Powers Bros. ability to consistently provide products and services that meet customer and applicable statutory and regulatory requirements according to the Company's Strategic Plan (QMSD-207), where interested parties and their relevant requirements are monitored and reviewed at least once a year as an important input of management review process. Interested parties may include direct customers, end users, venders, suppliers and partners, regulators, people in the organization, owners. Shareholders 4.3. Determining the scope of the quality management City Council 20 — 27 12/21/2021 Powers Bros. has determined and documented the boundaries and applicability of the quality management system according to: 1. The external and intemal issues (See 4.1) 2. The requirements of relevant interested parties (See 4.2) 3.Products and services that Powers Bros. has determined as: a -New equipment we sell b-repair services we provide c-installation of equipment we sale 4. Powers Bros. believes the clause 8.3 (Design and development of products and services) of ISO 9001:2015 does not apply to the scope of company's quality management system due to 1. Powers Bros. does not supply engineering and design service to its customers. 2. This inapplicability does not affect the company's ability or responsibility to ensure the conformity of its products and the enhancement of customer satisfaction. 4.4. Powers Bros. Quality management system and its processes 4.4.1. Powers Bros. established, implemented, maintain, and continually improve a quality management system, including the processes needed and their interactions, in accordance with the requirements of the ISO 9001:2015. 4.4.2.Powers Bros, top level processes are: 4.4.2.1. Business Development Process QMS-PS-001 4.4.2.2. Production and Services Process QMS-PS-002 4.4.2.3. Procurement Process QMS-PS-003 4.4.2.4. Post Production Process QMS-OS-004 4.4.2.5. Management Oversight Process QMS-PS-005 Marketing Branding • Cust. Aquistion 4.4.3. Purchasing • Supplier Relations Receiving Packaging Shippings • Invoicing • Cust. Suvey • Changes • Financial Ana • Accoutnign • Tech & LT. Powers Bros. has determined the processes needed for the quality management system and their application throughout the organization including: City Council 20 — 28 12/21/2021 I . Inputs required, and the outputs expected from these processes according to QMS Process Map (QMSD-202) and QMS Process Diagram (QMSD-205). 2.Sequence and interaction of these processes according to QMS Process Map (QMSD-202) and QMS Process Diagram (QMSD-205). 3. Criteria needed to ensure the effectiveness of operation and control of these processes according to Monitoring and Measurement Criteria (QMSD-206) 4. Resources needed for these processes and ensure their availability. 5. Responsibilities and authorities for QMS processes according to Organization Chart (QMSD-201) 6. Risks and opportunities According to Company's Strategic Plan (QMSD-207) 7. Evaluate the processes and implement any changes needed to ensure that these processes achieve their intended results according to Management Review Procedure (QMSP-106). 8. Improve the processes and the quality management system. 4.4.2, Powers Bros. maintain documented information and retain the records to support its operation and have confidence that the processes are being carried out as planned, according to Control of Documents Procedure (QMSP-101) and Control of Records Procedure (QMSP-102). 5. Leadership 5.1. Leadership and commitment 5.1.1.General Top management is fully accountable for effectiveness of the quality management system and ensures that the QMS quality policy and objectives are established for the quality management system and are compatible with the context and strategic direction of the Powers Bros. according to Company's Strategic Plan (QMSD-207) 5.1.2. Customer Focus Top management at Powers Bros. ensures through Management Reviews and communication with employees that customer needs and expectations are determined, converted to requirements, and met with the aim of enhancing customer satisfaction, according to the following policies: Determination, understating, and compliance with customer requirement and applicable statutory and regulatory requirements according to Quoting and Order Acceptance (QMSP-103) • Determination and addressing the risks and opportunities that can affect conformity of products according to Company's Strategic Plan (QMSD-207). City Council 20 — 29 12/21/2021 • Maintain the focus on customer satisfaction by measurement and monitoring according to Management Review Procedure (QMSP-106). 5.2. Policy Powers Bros. Quality Policy (QMSD-203) and Quality Objectives (QMSD-204)" are displayed openly as a sign of our pride and commitment and as a clear reminder of our focus and direction. Because the success of our Quality Management System is essential for our competitiveness, it is vital that the employees of Powers Bros. understand and adhere to our Quality Policy, The Quality Policy is released as a standalone document as well and is communicated and implemented throughout the organization. The Quality Policy of Powers Bros. is as follows: The Company is committed to provide quality products on time that meet or exceed customer expectations and comp43, with all requirements. The Company will ensure success through the adherence to an effective quality management system based on continual improvement and customer satisfaction. 5.3. Organizational roles, responsibilities, and authorities The organizational structure shown in "Organization Chart (QMSD-201)". Organization chart illustrates the responsibilities and authorities of personnel who manage, perform, and verify work affecting the quality of products and services at Powers Bros. • The President is the leader of the quality efforts at Powers Bros. and is responsible for the delegation of the various responsibilities for quality, and for the efficient operation of the company. • The Managers/Foremen/Supervisors are responsible for ensuring that Powers Bros. quality policies are being carried out oil a daily basis and ensuring that the processes are delivering their intended outputs. • Managers/Foremen/Supervisors may delegate the authority for implementation of the quality functions within their departments but shall retain the responsibility for its function. • Quality is the responsibility of each Powers Bros. employee. Their responsibilities for activities affecting quality are specified further in Powers Bros. Quality Manual and Procedures. The responsibility and authority for the quality management system is communicated to all employees through "Job Descriptions (QMSF-312)" Also Responsibilities are clarified in the Quality Management System procedures. City Council 20 — 30 12/21/2021 6. Planning 6.1. Actions to address risks and opportunities Powers Bros. takes a proactive approach in quality management system planning and implementation to achieve improvement and prevent, or reduce, undesired effects. The Company's Strategic Plan (QMSD-207). presents further information regarding actions to address these risks and opportunities and how to integrate and implement the actions into its quality management system processes and evaluate the effectiveness of these actions. 6.2. Quality objectives and planning to achieve them It is the responsibility of top management to ensure that quality objectives are established, and they are consistent with the quality policy. The measurement of quality objectives provides a consistent basis for the monitoring of continual improvement. Measurable quality objectives are determined through the objective planning Process, and are reviewed at regular intervals at management review, staff, and company -wide meetings. Powers Bros. Quality objectives are: 1. 97% On -time Delivery 2. 97% Customer Satisfaction 3. 97% Production Achievement 4. 97% Supplier Performance The Company's Strategic Plan (QMSD-207). demonstrates the measurement results of quality objective and relevant action plan(s) to achieve them. The following determinations is required for plan(s) driven from quality objectives": a) What will be done. b) What resources will be required. c) Who will be responsible. d) When it will be completed. e) How the results will be evaluated 6.3. Planning of changes For the changes that affect the QMS, Powers Bros. manages the change process in a planned manner according to the Corrective and Preventive Action Request (QMSP-108), where the following considerations are determined: a) The purpose of the changes and their potential consequences. City Council 20 — 31 12/21/2021 b) The integrity of the quality management system. c) The availability of resources. d) The allocation or reallocation of responsibilities and authorities. 7. Support 7.1. Resources 7.1.1.General-Powers Bros. has determined and provided the Internal and External resources needed for the establishment, implementation, maintenance, and continual improvement of the quality management system. These resources are included but not limited to: 7.1.2. People: Necessary persons are determined and provided for the effective implementation of QMS and for the operation and control of processes. 7.1.3.infrastructure: The necessary infrastructure for the operation of processes and to achieve conformity of products and services has been determined and provided. 7.1.4.Environment for the operation of processes: A suitable environment, a combination of human and physical factors is determined and provided to QMS processes. 7.1.5.Monitoring and measuring resources: Powers Bros. has determined and provide the measurement and test equipment to ensure valid and reliable results when monitoring or measuring to verify the conformity of products according to Calibration Procedure (QMSP105). The Measurement and test equipment are A. Calibrated or verified B. Identified and determined by according to their status C. Safeguarded from adjustment, damage, or deterioration. 7.1.6.Organizational knowledge: A. Internal Knowledge: Powers faros fosters an open opinion atmosphere for every employee to be heard and to contribute their individual experiences and expertise. Knowledge from skilled tradesman, Account Managers and management input is taken into consideration and shared amongst the company through formal and informal communication. B. External Knowledge: Customer knowledge and contributions to process is captured by Account Managers and shared amongst company. Industry standards are utilized when appropriate. City Council 20 — 32 12/21/2021 C. QMS Knowledge: Powers Bros. has captured the knowledge within the company through work instructions, databases, checklists, and training packages. 7.2. Competence Powers Bros. has determined the necessary competence of person(s) doing work under according to the job descriptions and during the hire process ensures that these persons are competent on the basis of appropriate education, training, or experience by evaluating the competency of each new hire. In result of performed pre -evaluation and extended on the job evaluation internal/external training may conducted to cover the recognized competency gap. Records of competency such as resume, and certificates are acquired during the hire process and retained in employee's file. It is Powers Bros. policy that any employee may request training at anytime if the employee feels that training is essential to receive the knowledge and skills required to maintain the requirements of the Standard and Powers Bros. quality management system. 7.3. Awareness Powers Bros. ensures that persons doing work under the organization's control are aware of the quality policy, relevant quality objectives, and their contribution to the effectiveness of the quality management system, including the benefits of improved performance, and the implications of not conforming with the quality management system requirements. Record of training employees oil the above -mentioned subject matter is recorded on Employee Training Matrix (QMSF-309) 7.4. Communication The downward and upward internal communication follows the layout according to the company's Organization Chart (QMSD-201). Downward communication includes quality policy and objectives, employee handbook, set of procedures for routine tasks, job description, regularly hold management meetings, staff meetings, employee's performance reviews, and posting on Bulletin board. Also, upward communication such as reports to supervisors, one-on-one meetings, Grapevine, Corrective Action Request, and suggestions. Communications with customers and suppliers are determined and managed according to the Quoting and Order Acceptance Procedure (QMSP-103), the Supplier Evaluation Form (QMSF 303) and Supplier Corrective Action Request (SCAR) (QMSF-304) respectively. 7.5. Documented Information City Council 20 — 33 12/21/2021 Powers Bros. maintains a documented quality management system as a means to ensure that products and services conform to the specified requirements. Quality System documents are available to all employees through the Company Management Systent (CMM)> Documents>Quality Management Folder. Documents are uncontrolled when printed unless stamp indicated. For more information, see Control of Documents Procedure (QMSP-101) and Control of Records Procedure (QMSP-102). Records at Powers Bros. are controlled to ensure they Remain legible, readily identifiable, and retrievable. This procedure defines the controls needed for the proper identification, storage, protection, retrieval, retention time and disposition of records. For more information, please see "Control of Records Procedure and Quality Record Matrix (QMSP-102)". 8. Operation 8.1. Operational Planning and Control Powers Bros. has planned, implemented and controlled the processes needed to meet the requirements for the provision of products according to QMS Process Map (QMSD-202). The requirements for products are dictated by customers through technical drawings. models, and purchase request. The indicators for process measurement and monitoring are indicated by Monitoring and Measurement Criteria (QMSD-206) and, needed resources to achieve conformity to the product are determined and provided by support processes including maintenance, calibration, training and document and record control. 8.2. Requirements for Products and Services Customer communication is planned and maintained according to Quoting and Order Acceptance Procedure (QMSP-103), where frameworks for product information, changes, inquiries, feedback, complaints, customer properties, contract requirement determination and review are provided. 8.3. Design and development of products and services (Does Not Apply) This requirement of ISO 9001:2005 does not apply to Powers Bros. products and processes. The Products are made to customer's requirements Powers Bros. has no role in design and development of products, 8.4. Control of Vendor Processes, Products, and Services 8.4.1.Purchasing Process A documented Control Procedure for Purchasing (QMSP-114) is followed to ensure that purchased product conforms to the specified requirements. The procedure outlines the extent of control required for Vendors and the purchased product or service. Powers Bros. is responsible for the Quality of Products purchased from all Vendors, including customer -designated sources. City Council 20 — 34 12/21/2021 Vendors are evaluated and selected based on their ability to supply product in accordance with requirements. Criteria for selection, evaluation and re-evaluation are documented. Records of the evaluation and any necessary actions are maintained. Powers Bros. will do the following: • Maintain a register of approved suppliers that includes the approval status (approved, disapproved, conditional) and the scope of the approval (product type or process family) • Require that Vendors apply appropriate controls to their direct and sub -tier external providers to ensure that requirements are met • Periodically review supplier performance (including process, product and service conformity, and on -time delivery performance) and retails documented information from these reviews; records of these reviews are used as a basis for establishing the level of controls implemented. • Ensure where required that both Powers Bros, and all Vendors use Customer -approved special process sources. • Determine and manage the risk when selecting and using suppliers. • Define requirements for controlling documentation created by and/or retained by our Vendors. NOTE: One factor that can be used during supplier selection and evaluation is Quality Data from objective and reliable external sources (information from accredited QMS or certification bodies, for example, ISO-9001 accreditation), 8.4.2.Type and Extent of Control Purchasing (QMSP-114) describes the processes used to verify that purchased product meets specified requirements. Powers Bros. will do the following: • Ensure that externally provided processes remain within our QMS. • Define controls applied to Vendors and to output from those Vendors. • Consider the impact of Vendor products or services on meeting our Customer's requirements. • Consider the effectiveness of Controls applied by our Vendors. • Determine the verification necessary to ensure Vendor supplied products and services meet our requirement. This is based on any risks identified and may include inspection or testing. • Obtain and review objective evidence of the quality of the product from Vendors (accompanying documentation, certificate of conformity, test reports, statistical records, and process control). • Inspect and Evaluate our Vendors, see Supplier Evaluation (QMSF-303) and review the results. Inspect Vendor premises as deemed necessary by the Purchasing Manager. • Inspect products from Vendors upon receipt per Shop Manager request, see Receiving Procedure (QMSP-109) for more detail. • Review any required Product Verifications delegated to our Vendors. City Council 20 — 35 12/21/2021 When purchased product is released for production before completion of all required verification, it shall be identified and recorded to allow recall and replacement if it is subsequently found that the product did not meet requirements. See Identification and Traceability (QMSP-107) for more detail. Customer verification activities do not absolve Powers Bros. of its responsibility to provide acceptable product and comply with requirements. When Powers Bros. utilizes test reports to verify purchased product, we shall evaluate the data in those reports to make sure it meets our Customer's requirements. Powers Bros. shall periodically validate test reports for raw material if any potential risk has been identified. If Powers Bros. delegates verification activities to a Vendor, the requirements for delegation are defined and a register of delegations shall be maintained. 8.4.3. Information Provided to Vendors Purchasing Documents are to be reviewed to ensure the adequacy of requirements before orders are placed with a Supplier. Purchasing information shall describe the product or service to be purchased, including where appropriate: identification of relevant technical data (specifications, drawings, process requirements, work instructions, etc.) Requirements for approval of product, processes, equipment, and services Requirements for Qualification of Personnel (if relevant) Any special requirements for Vendor interactions with Powers Bros. Any special Vendor controls or monitoring required by Powers Bros. Any verification or validation that Powers Bros. or its Customer may need to perform at the Vendor's premises Any special requirements, critical items, or key characteristics Requirements for design, test, inspection, verification (including production process verification), use of statistical techniques for product acceptance, and related instructions for acceptance by Powers Bros. The need to implement a Quality Management System The need to use approved external providers (if necessary) City Council 20 — 36 12/21/2021 Requirements to notify Powers Bros. of nonconforming product, obtain Powers Bros. approval for nonconforming product, notify Powers Bros.of changes in product and/or process, changes of suppliers, changes of manufacturing facility location and, where required, obtain Powers Bros. approval and, flow down to the supply chain the applicable rcquirements, including customer requirements. Requirements for test specimens (production method, number, storage conditions) for design approval, inspection, investigation, or auditing Record retention requirements. Right of access by Powers Bros., its customer, and regulatory authorities to all facilities involved in the order and to all applicable records Reminder to the Vendor of their contribution to product or service conformity, safety, and of the importance of ethical behavior. 8.5. Production and Service Provision 8.5.1.Control of Production and Service Provision General manufacturing and service operations are controlled and tracked in Powers Bros. information system, QuickBooks Premier Contractor edition. Managers/Foremen/Supervisors involved in processes that directly affect quality of intermediate and end products are responsible for ensuring that these processes are identified, planned, and executed under controlled conditions. Controlled Conditions are defined to include the following requirements: • Availability of information describing product characteristics according Correspondent "Job Traveler" and drawing. • Availability of the necessary procedures and forms according to "Top Level Process: Production and Services Process (QMS-PS-002) • Use and maintenance of suitable equipment for production and service operations (See Sections 7.1.5). Availability and use of monitoring and measuring devices. (See Sections 7.1.5) • Implementation of monitoring and measurement activities. (See 9.1.2) • The implementation of product release, delivery and post -delivery activities according to "Shipping Procedure (QMSP-110) 8.5.2.Identification and Traceability City Council 20 — 37 12/21/2021 Powers Bros. maintains a database for identifying, where appropriate, raw materials and supplies, component parts, subassemblies, and finished products by means of applicable drawings, specifications, and other documents from receipt and throughout the stages of production, delivery, and installation. Each product that is identified will include unique identification, the status of required monitoring and measurement activities. Where Traceability is a requirement, traceability data is controlled and recorded. Product identification and traceability are maintained and controlled through Powers Bros. QuickBooks Premier Contractor System software. For more information, see "Product Identification and Traceability Procedure (QMSP-107)" 8.5.3.Property Belonging to Customers or External Providers Powers Bros. exercises care with customer/External Providers property and ensures that the property is identified, verified against specified requirements, protected, and safeguarded until required for use or incorporated into our products. Customer property will at all times be tagged with a minimum of company name, job number and arrival date. S. 5.4. Preservation Employees and the Foremeit/Supervisors are responsible for identification, handling, packaging, storage, protection, and delivery of materials and products. They are also responsible for establishing, documenting, and maintaining methods appropriate to preserve conformity of product and constituent parts during internal processing and delivery. Powers Bros. ensures the preservation of product in the following ways: - Identification: Specific details on the identification of product at Powers Bros, are described in Procedure "Product Identification and Traceability Procedure (QMSP-107)" - Handling: Powers Bros. policy is to use methods and means appropriate for the handling and transporting of product in a manner that prevents loss of product value and ensures employee safety. - Packaging: Products are appropriately packed and identified on the packaging in a manner that allows for ready identification through the stages of processing and prevents the loss of product value. - Storage: Powers Bros. maintains facilities, equipment, and designated areas to store material in a manner that prevents loss of product value - Methods and means appropriate for ensuring proper receipt of material, and proper dispatch to and from the pertinent areas are required and used. Foreman/Supervisor's having jurisdiction over departments where product is stored are responsible for assessing the condition of those materials at intervals sufficient to guarantee the prevention of their damage or deterioration. City Council 20 — 38 12/21/2021 • Protection: Products are protected during internal processing and delivery to maintain product quality and value when the product is under the company's control. • Delivery: The quality of the final product is protected after final inspection. Where contractually specified, Powers Bros.is responsible for packaging and preservation during transit, including delivery to destination. 8.5.5.Post-Delivery Activities Powers Bros. has determined the post -delivery activities associated with the products and services according to the Control of Nonconforming Product (QMSP-104) where, the potential undesired consequences associated with its products and services are anticipated and determined. 8.5.6.Control of Changes Production and service provision changes are under control to ensure continuing conformity with requirements according to Quoting and Order Acceptance (QMSP 103), where results of the review of changes, the person(s) authorizing the change, and any necessary actions arising from the review are described. 8.6. Release of Products and Services The product release process including arrangements and appropriate stages to verify that the product and service requirements have been met, are planned, and implemented according to the Part Checklist (QMSF-306) and Job Traveler. The release of products to the customer will not proceed until the planned steps are satisfactory performed and completed, unless otherwise approved by a relevant authority and, as applicable, by the customer. 8.7. Control of Nonconforming Outputs The Production Manager/Shop Foreman are responsible for implementing and maintaining "Control of Nonconforming Product (QMSP-104)" to ensure that: • Product not conforming to specified requirements is clearly identified and controlled to prevent unintended use or delivery until the product is reviewed and disposition is determined. • Responsibilities and authorities for the identification, control and disposition of nonconforming product are defined, communicated, and understood. Nonconforming product is dealt with in one of the following ways. • By taking action to eliminate the detected nonconformity (rework or repair). City Council 20 — 39 12/21/2021 - By authorizing its use, release, or acceptance under concession by a relevant authority and, where applicable, by the customer (use as -is). - By taking action to preclude its use or application (reject or scrap). Reworked and repaired product is re -inspected or re -verified to demonstrate conformity to the requirements. 9. Performance Evaluation 9.1. Monitoring, Measurement, Analysis, and Evaluation 9.1.1.Monitoring and Measurement of Processes and Products Monitoring, and where applicable, measurement activities are performed on the quality management system processes necessary to meet customer requirements, track quality objectives, and on additional processes where the potential benefit is identified. The responsibility to identify and apply suitable methods for monitoring and measurement of processes is assumed by General Manager and is performed according to the Company's Strategic Plan (QMSD-207) and Monitoring and Measurement Criteria (QMSD-206). Monitoring and measurement of processes demonstrate the ability of the processes to achieve planned results. When planned results are not achieved, action is taken to correct the immediate problem. The Shop Foreman/Machinist are responsible for ensuring that in -process product is held and not used or processed further until it has been inspected, tested or otherwise verified as conforming to specified requirements. If in -process product is found to be nonconforming, the Shop Manager is responsible for ensuring that the nonconforming product is identified, Segregated, and properly disposed according to Control of Nonconforming Product (QMSP-104). Before it is used or processed further, orthat the nonconforming product is removed from the production process. Inspection and testing of in -process materials are performed according to the "Correspondent Job Traveler and Parts Checklist (QMSF-306), which addresses Inspection and testing of receiving raw material/Outside-Processed, In -process parts and finished products. 9.1.2.Customer Satisfaction Director of Sales is responsible for ensuring that customer communication is maintained and that customer satisfaction data is collected, analyzed and used at the management review meeting based on the results of the customer surveys, (Web Base Customer Satisfaction Survey). The following methodologies are used for monitoring and measuring customer satisfaction: • Customer Requirements City Council 20 — 40 12/21/2021 • Customer Feedback and Complaints • Surveys • Customer Returns • Lost Customers • Direct Communication with Customers Director of Sales is responsible for ensuring that the collected customer satisfaction data is appropriately tracked and maintained. Customer satisfaction data serves to assess the overall performance and continual improvement of the quality management system. Customer feedback (including customer satisfaction measurement data and customer complaints) is utilized in the Management Review Process 9.2. Internal Audit Powers Bros. plans and conducts internal audits at planned intervals according to Internal Audit Procedure (QMSP-111) for the following purposes: • To verify whether quality activities and related results comply with planned arrangements, to the requirements of this International Standard, and quality management system requirements established by Powers Bros. • To determine the overall effectiveness of the duality management system as implemented and maintained. Management Representative plans the annual audit program according to Audit Procedure (QMSP-111) and Internal Audit Log (QMSF-311), which identifies when each element or process of the quality management system will be audited. Every element or process of the quality management system is audited at a enininlum of once per year. An individual element or process may be audited additionally, based upon the importance and status of the element or process and the results of previous audits. The Management Representative is responsible for organizing and coordinating the internal audit to ensure that the audit criteria, scope, frequency, and methods are defined, and that the following requirements are met: • Definition of audit responsibilities • Definition of requirements for planning and conducting the audit. • Assurance of auditor independence. • Recording of audit results • Communication of audit results to management City Council 20 — 41 12/21 /2021 Management Representative is responsible for ensuring the selection of auditors and that their conduct during audits ensures objectivity and impartiality of the audit process. Auditors do not Audit their own work. Only qualified personnel may perform internal auditing activities. These qualified personnel are classified as Internal Auditors and have been trained. This training may be performed by a certified lead auditor or by previously trained internal auditors. In the case of a nonconformance (in either the quality management system and procedures, or the performance and adherence to those systems and procedures), Management Representative, or designee, will initiate a nonconformance and corrective or preventative action report in the Corrective Action Request Log (QMSF-308). Department Managers/Foreman/Supervisors responsible for the area audited ensures that the nonconformance are resolved in a timely manner to eliminate detected problems and their causes through corrective or preventive actions. Follow- up audits are used to verify the implementation and effectiveness of the corrective and preventive actions. The verification results are recorded and reported to the appropriate personnel 9.3. Management Review Top Management conducts a review of the quality management system through "Management Review Meetings" a minimum of once a year according to Management Review Procedure (QMSP-106). The following will be reviewed and documented: Assess the suitability, adequacy, and effectiveness of the quality management system in achieving the quality policy and quality objectives, in meeting customer needs, and in satisfying the requirements of ISO 9001. 9 Evaluate opportunities for improvement and the need for changes to the quality management system, including the quality policy and quality objectives, to improve effectiveness and to better meet the needs and expectations of our customers. • The results of the Management Review will be recorded on Management Review Meeting Minutes Form (QMSF-302) along with any other supporting documents. 10. Improvement 10.1. Nonconformity and corrective action Powers Bros. has established, implemented, and maintained the Corrective & Preventive Action Procedure (QMSP-108) to clarify the company's policy toward nonconformities and corrective actions. Corrective and Preventive Actions are recorded on Corrective Action Request Log (QMSF-308) This document explains when a nonconformity occurs, including any arising from complaints, Powers Bros. reactions includes but not limited to; 1. react to the nonconformity and, as applicable: 2. take action to control and correct it; City Council 20 — 42 12/21 /2021 3. deal with the consequences. 4. evaluate the need for action to eliminate the cause(s) of the nonconformity, in order that it does not recur or occur elsewhere, by: 5. reviewing and analyzing the nonconformity, b, determining the causes of the nonconformity. 7. determining if similar nonconformities exist or could potentially occur. 8. Implement any action needed. 9. review the effectiveness of any corrective action taken. 10. update risks and opportunities determined during planning, if necessary. 11. make changes to the quality management system, if necessary. It is required that corrective actions to be appropriate to the effects of the non confonn i ties encountered. The Nonconformity and corrective action record are maintained on the company server on form Corrective Action Request Log (QMSF-308) including the nature of the nonconformities and any subsequent actions taken and the results of any corrective action 10.2. Continual improvement Continual improvement of the quality management system at Powers Bros.is facilitated through the use of the quality policy, quality objectives, audit results, analysis of data, corrective and preventive actions and management review, wherein suitability, adequacy and effectiveness of the quality management system is reviewed through management review process and risk and opportunities that need to be addressed are determined as part of continual improvement. It is the overall responsibility of top management to continually improve the effectiveness of the quality management system, as described throughout this manual. Each Manager/Foreman/Supervisor is responsible for the continual improvement of the quality management system in his or her respective areas. Effectiveness of continual improvement activity is assessed during the Management Review Process. City Council 20 — 43 12/21/2021 Public Works Agency www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Sanitary Sewer Chemical Root Foaming Services AGENDA TITLE Award a Blanket Order Contract to Duke's Root Control, Inc. in an Annual Amount Not to Exceed $60,000 for Sanitary Sewer Chemical Root Foaming Services (Specification 21- 124) (Non -General Fund) RECOMMENDED ACTION Award a blanket order contract for sanitary sewer chemical root foaming services to Duke's Root Control, Inc. in an annual amount not to exceed $60,000, for a total contract amount not to exceed $300,000, for a one-year term beginning December 21, 2021, and expiring December 20, 2022, with provisions for four one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's sanitary sewer systems. The system consists of approximately 400 miles of sewer main, 9,000 manholes, 48,500 sewer laterals, and two sewer lift stations, which convey sewage to the Orange County Sanitation District for (OCSD) for treatment. These sewer assets are continually inspected to identify areas with structural defects and major root intrusions. The contract with Duke's Root Control, Inc., provides for sewer root foaming services of the sewer system main lines. The chemical root foaming treatment of selected sewer mains will enhance effluent flow, prevent sewer system overflows, reduce recurring maintenance, and extend the useful life of the City's assets. An Invitation for Bids for sanitary sewer chemical root foaming services was advertised on October 22, 2021, on the City's online bid and management publication system. A summary of the Invitation for Bids and bids received is as follows: 143 Vendors Notified 2 Santa Ana Vendors Notified 12 Vendors Downloaded Bid 1 Bids Received City Council 21 — 1 12/21/2021 Sanitary Sewer Chemical Foot Foaming Services December 21, 2021 Page 2 0 1 Bids Received from a Santa Ana vendor One bid was received and opened on November 16, 2021. The bid submitted from Duke's Root Control, Inc., located in Syracuse, New York, is responsive to the specifications, and meets the City's requirements. Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified two Santa Ana vendors. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $60,000 are budgeted and available for expenditure in the current fiscal year and will be subsequently budgeted as reflected below: Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description Contract (1-Year Term) Sanitary Sanitary Sewer Service, $60,000 2021-22 05617640-62300 Sewer Fund Contract Services Professional Renewal O tions 1-Year Terms Sanitary Sanitary Sewer Service, $60,000 2022-23 05617640-62300 Sewer Fund Contract Services Professional Sanitary Sanitary Sewer Service, $60,000 2023-24 05617640-62300 Sewer Fund Contract Services Professional Sanitary Sanitary Sewer Service, $60,000 2024-25 05617640-62300 Sewer Fund Contract Services Professional Sanitary Sanitary Sewer Service, $60,000 2025-26 05617640-62300 Sewer Fund Contract Services Professional Total $300,000 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 21 — 2 12/21/2021 Public Works Agency www.santa-ana.org/pw Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Rock, Sand, and Gravel Purchase AGENDA TITLE Award a Purchase Order to P.T.I. Sand & Gravel, Inc., in an Amount Not to Exceed $487,500 for up to a Five -Year Term for the Purchase of Rock, Sand, and Gravel (Specification No. 21-134) (Non -General Fund) RECOMMENDED ACTION Award a blanket purchase order contract to PTI Sand & Gravel, Inc. for the purchase of rock, sand, and gravel in an annual amount of $97,500, for a total amount not to exceed $487,500, a for a one-year period beginning January 1, 2022, and expiring December 31, 2022, with provision for four one-year renewal periods exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. To perform maintenance and repair services the Division requires an assortment of road materials, including rock, sand, and gravel. These base materials are used when repairing any asphalted surface. The contract for rock, sand and gravel is designed to provide quality product at significant savings based on quantity pricing. These base materials are purchased by Central Stores staff and stocked at the City's Corporate Yard to ensure they are available when required. An Invitation for Bids (IFB) for rock, sand and gravel was advertised on November 22, 2021, on the City's online bid and management publication system. A summary of the Invitation for Bids and bids received is as follows: 280 Vendors notified 4 Santa Ana vendors notified 17 Vendors downloaded bid 5 Bids received 0 Bids received from Santa Ana Vendors City Council 22-1 12/21/2021 Purchase Order Contract for Rock, Sand, and Gravel December 21, 201 Page 2 Bids were received and opened on December 3, 2021, and evaluated (Exhibit 1). The bid received from P.T.I. Sand & Gravel, Inc. is responsive to the contract specifications and meets the City's requirements for maximum quality service at minimum price. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $50,000 are budgeted and available for expenditure in the current fiscal year. The remaining funds will be subsequently budgeted as reflected on the table below: Fiscal Year Accounting Unit Fund Accounting Unit, Account Amount — Account # Descrip Description tion Initial 1 Year Term 05617640- Sewer Sanitary Sewer Service, 63001 Fund Miscellaneous Operating $25,000 Expenses 2021-22 (Jan -June) Water Systems 06017641- Water Maintenance, $25,000 63001 Fund Miscellaneous Operating Expenses Renewal Options 05617640- Sewer Sanitary Sewer Service, 63001 Fund Miscellaneous Operating $48,750 Expenses 2022-23 (July -June) Water Systems 06017641- Water Maintenance, $48,750 63001 Fund Miscellaneous Operating Expenses 05617640- Sewer Sanitary Sewer Service, 63001 Fund Miscellaneous Operating $48,750 Expenses 2023-24 (July -June) Water Systems 06017641- Water Maintenance, $48,750 63001 Fund Miscellaneous Operating Expenses 05617640- Sewer Sanitary Sewer Service, 2024-25 63001 Fund Miscellaneous Operating $48,750 Expenses (July -June) 06017641- Water Water Systems $48,750 63001 Fund Maintenance, City Council 22 — 2 12/21/2021 Purchase Order Contract for Rock, Sand, and Gravel December 21, 201 Page 3 Miscellaneous Operating Expenses 05617640- Sewer Sanitary Sewer Service, 63001 Fund Miscellaneous Operating $48,750 Expenses 2025-26 (July -June) Water Systems 06017641- Water Maintenance, $48,750 63001 Fund Miscellaneous Operating Expenses 05617640- Sewer Sanitary Sewer Service, 63001 Fund Miscellaneous Operating $23,750 Expenses 2026-27 (July -Dec) Water Systems 06017641- Water Maintenance, $23,750 63001 Fund Miscellaneous Operating Expenses Total: $487,500 EXHIBIT(S) 1. Abstract of Bids Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 22 — 3 12/21/2021 ABSTRACT OF BIDS ROCK, SAND, AND GRAVEL (21-134) 3/4" Crushed Rock Washed Concrete Sand Screened Fill Sand Crushed Misc. Base (CMB) Crushed Aggregate Base (CAB) Class II Base 3/8" Concrete Premix 1/2" Crushed Rock Subtotal Tax 9.25% Grand Total Non -Responsive: Dayton Aggregate Material, Inc. P.T.I. Sand & West Coast Sand 1 Call Materials, All American Gravel, Inc. & Gravel, Inc. LLC Asphalt Lake Elsinore Buena Park Brea Corona $15,288.00 $16,100.00 $18,025.00 $15,890.00 $5,200.00 $5,000.00 $5,650.00 $4,540.00 $40,404.00 $40,300.00 $45,760.00 $59,020.00 $628.00 $475.00 $787.50 $685.00 $20,250.00 $20,250.00 $22,725.00 $20,430.00 $1,734.00 $2,000.00 $2,375.00 $1,370.00 $5,300.00 $5,400.00 $5,950.00 n/a $4,500.00 $4,600.00 $5,150.00 $4,540.00 $93,304.00 $94,125.00 $106,422.50 $106,475.00 $8,630.62 $8,706.56 $9,844.08 $9,848.94 $101,934.62 $102,831.56 $116,266.58 $116,323.94 EXHIBIT 1 City Council 22 — 4 12/21/2021 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Engineering Software Maintenance and Technical Support Services AGENDA TITLE Award Purchase Order to Bentley Systems, Inc. for Engineering Software Maintenance and Technical Support Services for a One-year Subscription Period from January 17, 2022, through January 16, 2023, in an Annual Amount Not to Exceed $80,000 (Non - General Fund) RECOMMENDED ACTION Award a one-time purchase order to Bentley Systems, Inc. for software maintenance and technical support for specialized engineering software used in the Public Works Agency for a one-year subscription period beginning January 17, 2022 and ending January 16, 2023, with the option to extend for up to four additional one-year terms, exercisable by the City Manager, in an annual amount not to exceed $80,000 per year, for a total amount not to exceed $400,000, subject to non-substanstive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency utilizes a number of specialized engineering software products in its delivery of public infrastructure projects. At the foundation of these engineering technology tools is the MicroSation computer -aided (CAD) drafting software, an industry standard which has been used for design engineering and Geographic Information System (GIS) data management for over 20 years. Bentley Systems, Inc. is the owner and developer of MicroStation software. They are also the sole -source provider of maintenance and technical support for MicroStation software. The recommended software maintenance purchase order will allow the City to continue to utilize the Bentley license server, which provides maximum software license availability without having to purchase separate licenses of each product for every computer and individual user. The software maintenance agreement also ensures that the Public Works Agency receives technical support for critical software issues that could greatly impact the ability to meet deadlines for engineering projects in the Traffic, CIP, and Water Resources divisions. The option to switch to a third -party MicroStation vendor would require the City to immediately purchase new software licenses through another vendor at a considerable City Council 23 — 1 12/21/2021 Engineering Software Maintenance and Technical Support Services December 21, 2021 Page 2 expense. However, software maintenance and support would still have to be purchased through Bentley Systems, Inc. Also, changing to a different CAD platform at this time would not provide any technological benefit. However, in addition to requiring an immediate investment in new software licenses, all users would have to be retrained, archived engineering and GIS files would have to be transferred, and current projects would have to be developed in a new, unfamiliar engineering environment. Staff is recommending approval of the Request for Exception to Competitive Bidding and authorization to award a purchase order agreement for the term of one year with up to four 1-year renewal options. If technology becomes available during the next five years, the City can choose not to renew and to implement a suitable transition plan. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The cost of maintenance for the first year of the agreement is $73,283. However, as Public Works continues to fill vacancies, additional software licenses will be required. Funds up to the $80,000 annual limit are available in the Public Works Agency Administrative Services internal service fund Fiscal Year 2021-22 budget. The same amount will be budgeted annually in subsequent fiscal years to accommodate staffing and/or any reasonable pricing changes that may be implemented. Fiscal Accounting Unit - Fund Accounting Unit - Amount Year Account No. Description Account No. Description Public Works- Public Works Admin 2021-22 10117601-62300 Admin & Services - Contract $80,000 Planning Services Professional Public Works- Public Works Admin 2022-23 10117601-62300 Admin & Services - Contract $80,000 Planning Services Professional Public Works- Public Works Admin 2023-24 10117601-62300 Admin & Services - Contract $80,000 Planning Services Professional Public Works- Public Works Admin 2024-25 10117601-62300 Admin & Services - Contract $80,000 Planning Services Professional Public Works- Public Works Admin 2025-26 10117601-62300 Admin & Services - Contract $80,000 Planning Services Professional Total $400,000 City Council 23 — 2 12/21/2021 Engineering Software Maintenance and Technical Support Services December 21, 2021 Page 3 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 23 — 3 12/21/2021 Public Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Construction Contract Award: SR-55/Ritchey Street Water Improvements AGENDA TITLE Approve Appropriation Adjustment in the amount of $7,250,000 and Award a Construction Contract to James W. Fowler Co., in the Amount of $5,922,025, for the SR-55/Ritchey Street Water Improvements Project, with an Estimated Project Delivery Cost of $7,250,000 (Project Nos. 19-6438, 19-6439, 19-6440) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $7,250,000 in reimbursement obligation funds from OCTA, as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Award a construction contract to James W. Fowler Co., the lowest responsible bidder, in accordance with the base bid in the amount of $5,922,025, for construction of the SR-55/Ritchey Street Water Improvements Project, for the term beginning September 21, 2021, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $7,250,000, which includes $5,922,025 for the construction contract; $180,000 for contract administration, inspection and testing; $150,000 for water engineering; and a $997,975 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,650,000 in construction funds for the SR-55/Ritchey Street Water Improvements Project. City Council 24 — 1 12/21/2021 Construction Contract Award: SR-55/Ritchey Street Water Improvements December 21, 2021 Page 2 DISCUSSION The Orange County Transportation Authority (OCTA) is the lead agency for the proposed State Route 55 (SR-55) freeway widening project from Interstate 405 (1-405) to Interstate 5 (1-5). As a result of the proposed freeway widening, various utility relocations will be needed along the corridor, including existing City water infrastructure consisting of a water main on Ritchey Street, two water mains crossing the SR-55 freeway, and a pressure regulating station adjacent to the SR-55 freeway near Warner Avenue (Exhibit 1). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 17 and August 24, 2021. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on October 19, 2021. The City notified a total of 1,145 regional vendors via PlanetBids, 50 of which are Santa Ana based. 96 vendors requested bidding documents. A total of 6 bids were received; however, no bids were received from Santa Ana contractors. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 James W. Fowler, Co. Dallas, OR $5,922,025.00 2 MMC, Inc. La Palma $6,504,692.00 3 Colich & Sons, L.P. Gardena $6,948,750.00 4 MNR Construction, Inc. La Verne $7,350,080.00 5 Ferreira Coastal Construction Co. Rancho Cucamonga $1,643,340.00 Of the six bids received, five were deemed responsive. James W. Fowler Co. submitted the lowest responsive base bid, in the amount of $5,922,025 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to James W. Fowler Co., in the amount of the base bid totaling $5,922,025 (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection City Council 24 — 2 12/21/2021 Construction Contract Award: SR-55/Ritchey Street Water Improvements December 21, 2021 Page 3 of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $7,250,000. Project Item Total Construction Contract $5,922,025 Construction Administration, Inspection, Testing $180,000 Contingencies $997,975 Water Engineering $150,000 TOTAL CONSTRUCTION DELIVERY COST $7,250,000 On May 5, 2020, the City Council authorized execution of three utility reimbursement agreements (Exhibits 5, 6, and 7) with OCTA for water relocation costs related to the SR- 55 freeway widening project. The sum of the three utility agreements totals $6,600,000, with an allowable final billing of 125 percent, for a total estimated reimbursement of $8,250,000. On November 2, 2021, the City Council approved an appropriation adjustment to recognize $1,000,000 in reimbursement obligation funds. To account for the full 125 percent reimbursement allowable, the recommended action will recognize the remaining available balance. Therefore, staff recommends appropriating $7,250,000 of these reimbursement obligation funds from OCTA to complete the funding for construction of the SR-55/Ritchey Street Water Improvements Project. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. FISCAL IMPACT Approval of the requested Appropriation Adjustments will recognize $7,250,000 in reimbursement obligation funds from OCTA, as outlined in the Cooperative Agreement No. C-0-2201 and three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account (No. 06617647-57004) and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301). All funds expended for the water relocation project costs are anticipated to be reimbursed by the Orange County Transportation Authority (OCTA). Funds will be budgeted and available for expenditure in Account No. 06617647-66301 in the following water relocation projects: $2,520,000 for Project No. 19-6438, $2,530,000 for Project No. 19-6439, and $2,200,000 for Project No. 19-6440. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year. City Council 24 — 3 12/21/2021 Construction Contract Award: SR-55/Ritchey Street Water Improvements December 21, 2021 Page 4 Fiscal Accounting Unit — Fund Accounting Unit — Year Account No. Description Account No. Amount Description 2021-22 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,520,000 (19-6438) Construction Capital Project 2021-22 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,530,000 (19-6439) Construction Capital Project 2021-22 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,200,000 (19-6440) Construction Capital Project TOTAL: $7,250,000 EXHIBIT(S) 1. Location Map 2. Bid Results 3. Construction Contract 4. Cost Analysis 5. Utility Reimbursement Agreement No. COSA-1101/1103 6. Utility Reimbursement Agreement No. COSA-1115 7. Utility Reimbursement Agreement No. COSA-1117 8. FY 2021-22 Capital Improvement Program Sheets Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 24 — 4 12/21/2021 SANTAANA Project Nos. 19-6438, 19-6439, 19-6440: PW1 Ritchey Street Water Main, SA-7 Pressure �J Regulating Station, & SR-55 Water Main Crossing PUBLIC WORKS AGENCY City of Santa Ana Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST) Page 1 of 5 Printed 11/08/2021 EXHIBIT 2 Bid Results Bidder Details Vendor Name James W. Fowler Co. Address 12775 Westview Drive Dallas, Oregon 97338 United States Respondee John B. Fowler Respondee Title Executive Vice President Phone 503-623-5373 Email johnf@jwfowler.com Vendor Type License # Bid Detail Bid Format Electronic Submitted 10/19/2021 1:56 PM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 269382 Respondee Comment Buyer Comment Attachments File Title File Name File Type Non -Collusion Affidavit.pdf Non -Collusion Affidavit.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty.pdf Bid Bond Guaranty.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Ownership Affidavit.pdf Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Proposal Documents.pdf Proposal Documents.pdf Proposal Documents City Council PlanetBids, Inc. 1 12/21 /2021 City of Santa Ana Page 2 of 5 Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST) Printed 11/08/2021 EXHIBIT 2 Line Items Discount Terms No Discount City Council PlanetBids, Inc. 24 — 7 12/21 /2021 City of Santa Ana Page 3 of 5 Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST) " - '- ' 11/08/2021 EXHIBIT 2 Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Ritchey St Water Main Relocation $1,476,100.00 1 1 Mobilization/Demobilization* LS 1 $100,000.00 $100,000.00 Yes 2 2 Sheeting, Shoring, Bracing and Excavation/Trench Protection LS 1 $5,000.00 $5,000.00 Yes 3 3 8-Inch C900 PVC Pipe, DR-14 LF 260 $270.00 $70,200.00 Yes 4 4 16-Inch C905 PVC Pipe, DR-18 LF 1444 $300.00 $433,200.00 Yes 5 5 16-Inch Class 250 DIP LF 120 $1,100.00 $132,000.00 Yes 6 6 8-Inch Gate Valve EA 2 $4,000.00 $8,000.00 Yes 7 7 16-Inch Butterfly Valve, Class 150 EA 5 $14,000.00 $70,000.00 Yes 8 8 16-Inch Line Stop EA 1 $40,000.00 $40,000.00 Yes 9 9 Fire Hydrant Assembly EA 5 $18,000.00 $90,000.00 Yes 10 10 PIV & FDC Fire Connections EA 4 $14,000.00 $56,000.00 Yes 11 11 2-Inch Water Service with Existing Meter and New Meter Box EA 4 $7,000.00 $28,000.00 Yes 12 12 1-Inch Water Service with Existing Meter and New Meter Box EA 5 $4,000.00 $20,000.00 Yes 13 13 2-Inch Combination Air Valve EA 1 $15,000.00 $15,000.00 Yes 14 14 Construct Concrete Encasement LF 84 $300.00 $25,200.00 Yes 15 15 Connections to Existing 8"/16" Mains EA 3 $20,000.00 $60,000.00 Yes 16 16 Abandonment of Flange Outlets on Existing 24-inch Water Main EA 2 $1,500.00 $3,000.00 Yes 17 17 Abandonment of 172" Services on Existing 24-inch Water Main EA 3 $4,000.00 $12,000.00 Yes 16 18 Abandonment of Existing 1'72" Services EA 9 $2,500.00 $22,500.00 Yes 19 19 Abandonment of Existing Fire Hydrant EA 4 $7,500.00 $30,000.00 Yes 20 20 Abandonment of Existing 24-inch Water Main (Fit I with Slurry) LS 1 $7,500.00 $7,500.00 Yes 21 21 Abandonment of Existing 16-inch Water Main (Including Fit I with Slurry and No Slurry) LS 1 $8,500.00 $8,500.00 Yes 22 22 Potholing LS 1 $15,000.00 $15,000.00 Yes 23 23 Signing and Striping LS 1 $10,000.00 $10,000.00 Yes 24 24 Prepare and Obtain Approval of Traffic Control Plans LS 1 $1,000.00 $1,000.00 Yes 25 25 Provide and Maintain Traffic Control LS 1 $65,000.00 $65,000.00 Yes 26 26 Construction Staking LS 1 $29,000.00 $29,000.00 Yes 27 27 Remove and Replace Curb, Gutter, and Sidewalk LS 1 $55,000.00 $55,000.00 Yes 28 28 Over -Excavation and Import Backf ll Material— CY 100 $450.00 $45,000.00 Yes 29 29 Permits (Allowance) LS 1 $10,000.00 $10,000.00 Yes 30 30 As-Builts LS 1 $10,000.00 $10,000.00 Yes SA-7 Pressure Reducing Relocation $2,201,600.00 31 1 Mobilization/Demobilization* LS 1 $200,000.00 $200,000.00 Yes 32 2 Sheeting, Shoring, Bracing and Excavation/Trench Protection LS 1 $5,000.00 $5,000.00 Yes 33 3 Construct New SA7 Valves, Piping, Fittings, and Appurtenances LS 1 $725,000.00 $725,000.00 Yes 34 4 Construct 24-inch Piping, Valves and Fittings to Connection to Existing 24- inch Water Main LS 1 $250,000.00 $250,000.00 Yes 35 5 Construct Concrete Anchor Block LS 1 $20,000.00 $20,000.00 Yes 36 6 Construct New Energy Dissipater Facility LS 1 $40,000.00 $40,000.00 Yes 37 7 Construct Phase 1 Site Improvements LS 1 $450,000.00 $450,000.00 Yes 38 8 Construct Phase 2 Site Improvements LS 1 $75,000.00 $75,000.00 Yes 39 9 Demolition of Existing SA 7 Facility LS 1 $80,000.00 $80,000.00 Yes 40 10 Furnish and Install Electrical Equipment and Facilities LS 1 $200,000.00 $200,000.00 Yes 41 11 Furnish and Install Instrumentation and Control Equipment and Facilities including Programing LS 1 $125,000.00 $125,000.00 Yes 42 12 Construct Landscape and Irrigation Improvements LS 1 $65,000.00 $65,000.00 Yes 43 13 Construction Staking LS 1 $18,000.00 $18,000.00 Yes 44 14 Start-up, Testing and Training LS 1 $5,600.00 $5,600.00 Yes 45 15 O&M Manuals and Warranties LS 1 $3,000.00 $3,000.00 Yes 46 16 Permits (Allowance) LS 1 $10,000.00 $10,000.00 Yes 47 17 As-Builts LS 1 $10,000.00 $10,000.00 Yes SR-55 Water Crossing Relocation $2,164,325.00 City Council PlanetBids, Inc. I 12/21 /2021 City of Santa Ana Page 4 of 5 Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST) " - '- ' 11/08/2021 EXHIBIT 2 Item Item Type Item Description UOM CITY Unit Price Line Total Response Comment # Code 48 1 Mobilization/Demobilization* LS 1 $100,000.00 $100,000.00 Yes 49 2 Sheeting, Shoring, Bracing and Excavation/Trench Protection LS 1 $10,000.00 $10,000.00 Yes 50 3 12-Inch C900 PVC Pipe, DR-14 LF 102 $350.00 $35,700.00 Yes 51 4 12-Inch Class 350 DIP LF 77 $300.00 $23,100.00 Yes 52 5 24-Inch CML&C Steel Pipe LF 137 $1,725.00 $236,325.00 Yes 53 6 Bore and Jack 12-Inch Carrier Pipe within 30-inch Steel Casing LF 249 $2,200.00 $547,800.00 Yes 54 7 Bore and Jack 24-Inch Carrier Pipe within 42-inch Steel Casing LF 249 $2,700.00 $672,300.00 Yes 55 a 12-Inch Gate Valve EA 2 $6,000.00 $12,000.00 Yes 56 9 24-Inch Butterfly Valve, Class 350 EA 1 $35,000.00 $35,000.00 Yes 57 10 3-inch Fiber Optic Conduits and Pull Boxes LS 1 $5,000.00 $5,000.00 Yes 58 11 Construct Concrete Encasement LF 57 $300.00 $17,100.00 Yes 59 12 Construct Concrete Anchor Block EA 2 $20,000.00 $40,000.00 Yes 60 13 Connections to Existing 12%24" Mains EA 2 $25,000.00 $50,000.00 Yes 61 14 Remove and Replace 21-inch Storm Drain Piping including Temporary Piping Facilities LS 1 $50,000.00 $50,000.00 Yes 62 15 Abandonment of Existing 24-inch Water Main and 30-inch Casing Crossing SR 55 (Fill with Slurry) LS 1 $15,000.00 $15,000.00 Yes 63 16 Abandonment of Existing 12-inch Water Main and 20-inch Casing Crossing SR 55 (Fill with Slurry) LS 1 $10,000.00 $10,000.00 Yes 64 17 Abandonment of Existing 12-inch and 24-inch Water Mains on the East Side of Freeway (Fill with Slurry) LS 1 $20,000.00 $20,000.00 Yes 65 18 Site Demolition (East Side of Freeway) LS 1 $5,000.00 $5,000.00 Yes 66 19 Site Restoration (East Side of Freeway) LS 1 $80,000.00 $80,000.00 Yes 67 20 Construction Staking LS 1 $20,000.00 $20,000.00 Yes 68 21 Survey Monitoring per Caltrans Permit Requirements LS 1 $65,000.00 $65,000.00 Yes 69 22 Over -Excavation and Import Backfill Material— CY 100 $450.00 $45,000.00 Yes 70 23 Bore/Receiving Pit Dewatering (Allowance) LS 1 $50,000.00 $50,000.00 Yes 71 24 Permits (Allowance) LS 1 $10,000.00 $10,000.00 Yes 72 25 As-Builts LS 1 $10,000.00 $10,000.00 Yes Asterisk Notes (per P-1 $0.00 73 = Mobilization/Demobilization Bid Item is limited to a maximum of 5% of the Total Base Bid for the Bid Schedule. EA 0 $0.00 $0.00 Yes ** = 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 74 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 EA 0 $0.00 $0.00 Yes right to increase or decrease the quantity of this item accordingly. City Council 24 — 9 12/21/2021 PlanetBids, Inc. City of Santa Ana Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST) Page 5 of 5 Printed 11/08/2021 EXHIBIT 2 Line Item Subtotals Section Title Ritchey St Water Main Relocation SA-7 Pressure Reducing Relocation SR-55 Water Crossing Relocation Asterisk Notes (per P-1 Grand Total Line Total $1,476,100.00 $2,281,600.00 $2,164,325.00 $0.00 $5,922,025.00 City Council PlanetBids, Inc. 24 — 10 12/21 /2021 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 19-6437, 19-6439 & 19-6440 SR-55/RITCHEY STREET WATER IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 21 st day of December, 2021 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 James W. Fowler Co. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the SR-55 Ritchey Street Water Improvements (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. 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 Five Million Nine Hundred Twenty -Two Thousand Twenty -Five Dollars and No Cents ($5,922,025.00), 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. City Council 24 — 11 12/21 /2021 rev. 09/01/2017 Pagel 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.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 24 — 12 12/21 /2021 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: James owler JOHN B. FOWLER Executive Vice President City Council 24 — 13 12/21/2021 Page 3 of 3 CITY OF SANTA ANA EXHIBIT A PROPOSAL RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 SA-7 PRESSURE REDUCING STATION RELOCATION, PROJECT NO. 19-6439 SR-55 WATER CROSSING RELOCATION, PROJECT NO. 19-6440 FED ID NO. STPLN-6071 (129) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: James W. Fowler Co. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following bid schedules: BID SCHEDULE "A" RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 Item Description Qty Unit Unit Price Amount 1. * Mobilization/Demobilization 1 LS $ $ 2 Sheeting, Shoring, Bracing and Excavation/Trench Protection I LS $ $ 3. 8-Inch C900 PVC Pipe, DR-14 260 LF $ $ 4. 16-Inch C905 PVC Pipe, DR-18 1,444 LF $ $ 5. 16-Inch Class 250 DIP 120 LF $ $ 6. 8-Inch Gate Valve 2 EA $ $ 7. 16-Inch Butterfly Valve, Class 150 5 EA $ $ 8. 16-Inch Line Stop 1 EA $ $ 9. Fire Hydrant Assembly 5 EA $ $ 10. PIV & FDC Fire Connections 4 EA $ $ l 1. 2-Inch Water Service with Existing Meter and New Meter Box 4 EA $ $ 12. 1-Inch Water Service with Existing Meter and New Meter Box 5 EA $ $ P-1 of P-21   City Council  24 – 14 12/21 /2021   CITY OF SANTA ANA EXHIBIT A PROPOSAL RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 SA-7 PRESSURE REDUCING STATION RELOCATION, PROJECT NO. 19-6439 SR-55 WATER CROSSING RELOCATION, PROJECT NO. 19-6440 FED ID NO. STPLN-6071 (129) Item Description Qty Unit Unit Price Amount 13. 2-Inch Combination Air Valve 1 EA $ $ 14. Construct Concrete Encasement 84 LF $ $ 15. Connections to Existing 8"/16" Mains 3 EA $ $ 16. Abandonment of Flange Outlets on Existing 24-inch Water Main 2 EA $ $ 1 �' Abandonment of 1"12" Services on Existing 24-inch Water Main 3 EA $ $ 18. Abandonment of Existing 1 "/2" S Services 9 EA $ $ 19. Abandonment of Existing Fire Hydrant 4 EA $ $ 20. Abandonment of Existing 24-inch Water Main (FiI I with Slurry) 1 LS $ $ 21. Abandonment of Existing 16-inch Water Main (including Fi I I with Slurry and No Slurry) 1 LS $ $ 22. Potholing 1 LS $ $ 23. Signing and Striping 1 LS $ $ 24. Prepare and Obtain Approval of Traffic Control Plans l LS $ $ 25. Provide and Maintain Traffic Control 1 LS $ $ 26. Construction Staking l LS $ $ 27' Remove and Replace Curb, Gutter, and Sidewalk l LS $ $ 28 ** Over -Excavation and Import Backfill Material 100 CY $ $ 29. Permits (Allowance) I LS $ 10,000 $ 10,000 30. As-Builts I LS $ 10,000 $ 10,000 BID ITEMS 1— 30 TOTAL BID SCHEDULE "A" $ P-2 of P-21   City Council  24 – 15 12/21 /2021   CITY OF SANTA ANA EXHIBIT A PROPOSAL RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 SA-7 PRESSURE REDUCING STATION RELOCATION, PROJECT NO. 19-6439 SR-55 WATER CROSSING RELOCATION, PROJECT NO. 19-6440 FED ID NO. STPLN-6071 (129) BID SCHEDULE `B" SA-7 PRESSURE REDUCING RELOCATION, PROJECT NO.19-6439 Item Description Qty Unit Unit Price Amount 1. * Mobilization/Demobilization l LS S $ 2' Sheeting, Shoring, Bracing and Excavation/Trench Protection 1 LS $ $ 3' Construct New SA7 Valves, Piping, Fittings, and Appurtenances 1 LS $ $ 4. Construct 24-inch Piping, Valves and Fittings to Connection to Existing 24- inch Water Main 1 LS $ $ 5. Construct Concrete Anchor Block I LS $ $ 6' Construct New Energy Dissipator Facility I LS $ $ 7. Construct Phase 1 Site Improvements 1 LS $ $ 8. Construct Phase 2 Site Improvements 1 LS $ $ 9. Demolition of Existing SA 7 Facility 1 LS $ $ 10. Furnish and Install Electrical Equipment and Facilities I LS $ $ 11. Furnish and Install Instrumentation and Control Equipment and Facilities including Pro ramin 1 LS $ $ 12. Construct Landscape and Irrigation Improvements I LS $ $ 13. Construction Staking I LS $ $ 14. Start-up, Testing and Training I LS $ $ 15. O&M Manuals and Warranties I LS $ $ 16. Permits (Allowance) 1 LS $ 10,000 $ 10,000 17. As-Builts 1 LS $ 10,000 $ 10,000 P-3 of P-21   City Council  24 – 16 12/21 /2021   CITY OF SANTA ANA EXHIBIT A PROPOSAL RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 SA-7 PRESSURE REDUCING STATION RELOCATION, PROJECT NO. 19-6439 SR-55 WATER CROSSING RELOCATION, PROJECT NO. 19-6440 FED ID NO. STPLN-6071 (129) BID ITEMS 1-17 TOTAL BID SCHEDULE "B" $ BID SCHEDULE "C" SR-55 WATER CROSSING RELOCATION, PROJECT NO.19-6440 Item Description Qty Unit Unit Price Amount 1. * Mobilization/Demobilization I LS $ $ 2' Sheeting, Shoring, Bracing and Excavation/Trench Protection 1 LS $ $ 3. 12-Inch C900 PVC Pipe, DR-14 102 LF $ $ 4. 12-Inch Class 350 DIP 77 LF $ $ 5. 24-Inch CML&C Steel Pipe 137 LF $ $ 6' Bore and Jack 12-Inch Carrier Pipe within 30-inch Steel Casing 249 LF $ $ 7' Bore and Jack 24-Inch Carrier Pipe within 42-inch Steel Casing 249 LF $ $ 8. 12-Inch Gate Valve 2 EA $ $ 9. 24-Inch Butterfly Valve, Class 350 1 EA $ $ 10. 3-inch Fiber Optic Conduits and Pull Boxes 1 LS $ $ 11. Construct Concrete Encasement 57 LF $ $ 12. Construct Concrete Anchor Block 2 EA $ $ 13 Connections to Existing 12"124" Mains 2 EA $ $ 14. Remove and Replace 21-inch Storm Drain Piping including Temporary Piping Facilities 1 LS $ $ 15. Abandonment of Existing 24-inch Water Main and 30-inch Casing Crossing SR 55 Fill with Slurry) I LS $ $ 16. Abandonment of Existing 12-inch Water Main and 20-inch Casing Crossing SR 55 Fill with Slurry) I LS $ $ P-4 of P-21   City Council  24 – 17 12/21 /2021   CITY OF SANTA ANA EXHIBIT A PROPOSAL RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 SA-7 PRESSURE REDUCING STATION RELOCATION, PROJECT NO. 19-6439 SR-55 WATER CROSSING RELOCATION, PROJECT NO. 19-6440 FED ID NO. STPLN-6071 (129) Item Description Qty Unit Unit Price Amount Abandonment of Existing 12-inch and 17. 24-inch Water Mains on the East Side 1 LS $ $ of Freeway Fi 11 with Slurry) 18 Site Demolition (East Side of I LS $ $ Freeway) 19 Site Restoration (East Side of I LS $ $ Freeway) 20. Construction Staking l LS $ $ 21. Survey Monitoring per Caltrans 1 LS $ $ Permit Requirements 22 ** Over -Excavation and Import Backfill 100 CY $ S Material 23 Bore/Receiving Pit Dewatering 1 LS $ 50,000 $ 50,000 (Allowance) 24. Permits (Allowance) 1 LS $ 10,000 $ 10,000 25. As-Builts 1 LS $ 10,000 $ 10,000 BID ITEMS 1— 25 TOTAL BID SCHEDULE "C" $ * Mobil ization/Demobilization Bid Item is limited to a maximum of 5% of the Total Base Bid for the Bid Schedule. ** 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. P-5 of P-21   City Council  24 – 18 12/21 /2021   CITY OF SANTA ANA EXHIBIT A PROPOSAL RITCHEY ST WATER MAIN RELOCATION, PROJECT NO. 19-6438 SA-7 PRESSURE REDUCING STATION RELOCATION, PROJECT NO. 19-6439 SR-55 WATER CROSSING RELOCATION, PROJECT NO. 19-6440 FED ID NO. STPLN-6071 (129) GRAND TOTAL OF BID SCHEDULES "A" + "B" + "C" FS The lowest responsible bidder shall be selected based on the Grand Total of Bid Schedules "A", "B", and "C". The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the Grand Total Base Bid amount of Bid Schedules "A" + `B" + "C" shown above, within four hundred and fifty (450) working days after the commencement date stated in the Notice to Proceed, except for the Phase 2 site improvements and the landscapelirrigation construction. The Phase 2 site improvements and the landscape/irrigation construction shall be completed within eighty (80) working days after the OCTA has provided written notification to the Contractor that the Phase 2 site improvements can be performed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,300 per calendar day. Name of Firm James W. Fowl Signature of BIDDER James W. Fowler 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.) P-6 of P-21   City Council  24 – 19 12/21 /2021   EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 19-6438, 19-6439, 19-6440: RITCHEY STREET WATER MAIN, SA-7 PRESSURE REGULATING STATION, AND SR-55 WATER MAIN CROSSING Construction Contract $ 5,922,025.00 Contract Administration, Inspection and Testing $ 180,000.00 Contingencies $ 997,975.00 Water En ineerin $ 150,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 7,250,000.00 City Council 24 — 20 12/21/2021 Return ORIGINAL I. if{ 'il(I�(ir ? executed copy to COTC, d+I i C1cE') M-30 OltANGIs CO[IN'I'Y *I'Ri1j�,gj'01'k'I'11'I'ION Ah1'Ii01t1'I'Y llnLITY ACREEIMMENT (RvvkI«5i f-jor RW 13-05 (REV 1212016) A-2020-087-01 EXHIBIT 5 Page 101's DISTRICT COUNTY ROUTE POST MILE Prolecl ID 12 Orange SR-55 6.4110.2 12002032e E.A. OJ340 FEDERAL AID NUMBER OWNER'S PLAN NUMBER STPLN-6071 129 No. DWG: C-202 FEDERAL PART tCIPA i ION On the project ® YES ❑ NO On the Utilities © YES ❑ NO UTILITY AGREEMENT NO. COSA-110111103 DATE 51271ze2o Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County Transportation Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a project that proposes to widen State Route 55 (SR-55) between Interstate 405 and interstate 5 (SR-55 Improvement Project). Per the Cooperative Agreement OCTA is the lead agency for Right of Way Acquisition and Utility relocations. The SR-55 Improvement Project proposes to reduce traffic congestion, improve mobility as well as traffic operations to an existing four mile stretch of SR-55. City of Santa Ana- Public Works Agency 220 S. Daisy Avenue Santa Ana, CA 92703 Hereinafter referred to as "OWNER", owns and maintains water facilities in the City of Santa Ana within the limits of OCTA's project which requires relocation of 12" and 24" water mains crossing 55 freeway at approximately sta: 452+00 to accommodate OCTA's project. It is hereby mutually agreed that: WORK TO BE DONE In accordance with Notice to Owner No. COSA-110111103 dated March 9, 2020 OWNER shall relocate existing 12" and 24" water mains crossing 55 freeway at approximately sta: 452+00. All work shall be performed substantially in accordance with OWNER's Plan No. DWG: C-202 dated July 7, 2019 consisting of 1 sheet, a copy of which is on file in the OCTA office at 550 S. Main Street; Orange, CA 92863-1584. Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the OCTA and agreed tolacknowtedged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. It. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of OCTA and will be relocated at OCTA expense. ADA Notice For individuals with sensory disabilities, this document is availablc in alternate formats. For alternate formal information, contact the Fomis Management Unit at (916) 445-1233, TTY 711, or write to Rccords and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.   City Council  24 – 21 12/21 /2021   UTILITY AGREEMENT Ill. PERFORMANCE OF WORK EXHIBIT 5 Pogo 2 ul'S UTILITY AGREEMENT NO, COSA-I 101/1103 OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem expense amounts allowed under the California department of Human Resources travel expense guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA personnel travel per diem. Owner shall also Include an explanation why local employee or contract labor Is not considered adequate for the relocation work proposed, Work performed by OWNER's contractor Is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements, Work performed directly by OWNER's employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and Is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of Its contracts referenced above. IV. PAYMENT FOR WORK The OCTA shall pay Its share of the actual and necessary cost of the herein described work within 45 days after-recaipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled an the basis of the actual and necessary cost and expense, The OWNER shall maintain records of the actual costs Incurred and charged or allocated to the project In accordance with recognized accounting principles. It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit OCTA for the accrued depreciation for the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed Itemized progress bills for costs Incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above, If OCTA has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days, OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned, If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the OCTA Board of Directors. The final billing shall be in the form of a detailed Itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement wi',hout documentation of the reason for the increase of said cost from the OWNER and approval of   City Council  24 – 22 12/21 /2021   UTILITY AGREEMENT EXHIBIT 5 page ui's UTILITY AGREEMENT NO. COSA-1101/1103 documentation by OCTA. Except, If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the OCTA Board of Directors. In any event if the Mal bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all Increases in costs that are the direct result of deviations from the work described In Section I of this Agreement, shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA and or Federal auditors, In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et of,, to the extent they are applicable to OWNER doing work on the project that Is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, at at, If a subsequent OCTA and/or Federal audit delermines payments to be unallowable, OWNER agrees to reimburse AGENCY upon recelpt of AGENCY billing, If OWNER Is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of OCTA's request of July 27, 2018 to review, study and/or _.prepare -relocation plans and estimates for the project associated with this -Agreement maybe billed pursuant to the terms and conditions of this Agreement. If OCTA's project which precipitated this Agreement Is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER In writing and OCTA reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of the work described herein. Such Director's Easement Deeds as deemed necessary by the OCTA will be delivered to OWNER, conveying new rights of way for portions of the facilities relocated under this Agreement, aver available OCTA owned property outside the limits of the highway right of way. OCTA's liability for the new rights of way will be at the proratlon shown for the relocation work involved under this Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby Incorporated Into this Agreement. In addition, the provisions of 23 CFR 635.41D, Buy America, are also incorporated Into this agreement, The Buy America requirements are further speaifled In Moving Ahead for Progress In the 21,14 Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and Iron products (Including the application of coatings) installed on a project receiving funding from the FHWA.   City Council  24 – 23 12/21 /2021   UTILITY AGREEMENT EXHIBIT 5 Pqe 4 of$ UTILITY AGMENIENT NO. COSA-I 101/1103 OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, Including 23 CFR 635,410 and FHWA guldunce, and will demonstrate Buy America compliance by collecting written certifications) from the vendor(s) or by collecting written certiticatlon(s) from the manufacturers) mill test report (MTR), Cedificallon(s) should state, °AII manufacturing processes for these steel and Iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through final manufacturing of steel components." All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to STATE or FHWA upon request, One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635,410 or other applicable provisions or excluded material cited in the Department's guidelines for the Implementation of Buy Amerlca requirements for utility relocations Issued on December 3, 2013. OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly. relying upon the Instructlons and guidance (collectively, "Guidance") issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed In breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK 15 $2,0150,00.00 Signatures on Following Page   City Council  24 – 24 12/21 /2021   UTILITY AGREEMENT EXHIBIT 5 Page i ar5 UTILITY AGREEMENT NO, COSA-I 101/1 [03 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. OWNER: CITY OF SANTA ANA APPROVED By: Kristine Ridge City Manager Date: NA v /,' 2.,,:p z a i ATTEST: Daisy Gomez V Clerk of the Council APPROVED AS TO FORM: By: lb hn M. Funk (Assistant City Attorney RECOMANDED FOR APPROVAL: By: Nabil Saba Executive Director Public Works Agency ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED By: Eke utive Director, Capital Programs Dater 2-01-0 APPROVED A5 TO FORM: Jarjfes M. Donich C neral Counsel   City Council  24 – 25 12/21 /2021   M EXHIBIT 5 OC7'A LETTER OF TRANSMITTAL To: Mr. Rudy Rosas, P.E. Principal Civil Engineer The City of Santa Ana Public Works Agency 215 S. Center Street Santa Ana, CA 92704 Project: SR-55 Improvement Project Subject: Utility Agreement COSA-1101/1103 Date: December 17, 2020 Sent: X Enclosed Sent By: E-Mail Separately Fed Ex Messenger X Hand Delivered Remarks: Please find attached the following: - COSA-1101/1103 previously executed agreement, - COSA-1101 /1103 three clean agreements for your signature and return. Please note the change is the addition of the last sentence on paragraph one of the Page 4 of 5. -previous paragraph: OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). -edited paragraph with the highlighted addition: OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). Certification(s) should state, "All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through final manufacturing of steel components." If you have any questions, please call me. Thank you, For Your: X Signature and Return Use Files Copies To: Ross Lew, OCTA w/o attachment J. Gallardo, OCTA w/o attachment S. Sobot, OCTA w/attachment Comment and Return Approval and Return Review and Response By: lett',-7. Sanya Sabot Utility Coordinator c1L,911` Zz� 7G76 Orange County Transportation Authority 550 S. Main Street ' P.O. Box 14184 ' Orange, CA 92863-1584 ' 714.560.00TA   City Council  24 – 26 12/21 /2021   Return ORIGINAL executed coot/ to COTC, M-30 Q i Ci) ORANCI{ ('Ot'N'4CAN I'i)I{TATION A '1.1110 ZI'11' f 10113-I15(REX 12121116) i 4 �0 LA A-2020-088-01 EXHIBIT 6 Ilage l „ r; DISTRICT I COUNTY ROUTE POST MILE I Project ID 12 Orange SR-55 6.4I10.2 1200020328 EA. 0.1340 FEDERAL AID NUMBER OWNER'S PLAN NUMBER STPLN-6071 129 Plan No. DWG: C-203,204,205,206 FEDERAL PARTICIPATION On the project ❑ YES ❑ NO On the Utilities El YES ❑ NO UTILITY AGREEMENT NO. COSA-1115 DATE Sf 27%Za2c Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County Transportation Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a project that proposes to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55 Improvement Project). Per the Cooperative Agreement OCTA is the lead agency for Right of Way Acquisition and Utility relocations. The SR-55 Improvement Project proposes to reduce traffic congestion, improve mobility as well as traffic operations to an existing four mile stretch of SR-55. City of Santa Ana- Public Works Agency 220 S. Daisy Avenue Santa Ana, CA 92703 Hereinafter referred to as "OWNER", owns and maintains water facilities in the City of Santa Ana within the limits of OCTA's project which requires relocation of a 16" water main located within Ritchey Street to accommodate OCTA's project. It is hereby mutually agreed that: WORK TO BE DONE In accordance with Notice to Owner No. COSA-1115 dated March 9, 2020, OWNER shall relocate existing 16" water main located within Ritchey Street. All work shall be performed substantially in accordance with OWNER's Plan No. DWG: C-203,204,205,206 dated July 7, 2019 consisting of 4 sheets, a copy of which is on file in the OCTA office at 550 S. Main Street: Orange, CA 92863.1584, Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the OCTA and agreed lolacknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of OCTA and will be relocated at OCTA expense. ADA \nl€ce her indiV ideals with sensury disabilities, ibis document is alv:lilahle in uhernate FOr ahernutC Inrnrtt inlittrn:+tiun. Contact the Farms naan:te ernenl Unit at (910) 445-1233, TTY 711, or «rile to Records and f'ornis Nlan.wement. 1120 N Sireet. N1S-89, Sacramenio. CA 95814.   City Council  24 – 27 12/21 /2021   EXHIBIT 6 Pay e , „i L!1'ILl'I'1' :\( ltlilik[I N'I' NO. C OSA-111b III, PERFORMANCE OF WORK OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use or personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA personnel travel per diem. Owner shall also include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements. Work performed directly by OWNER's employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV, PAYMENT FOR WORK The OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shalt maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit OCTA for the accrued depreciation for the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the OCTA Board of Directors. The final billing shall be in the form of a detailed itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER's estimated costs solely as the   City Council  24 – 28 12/21 /2021   1711LITY AGRE.V1IENl' EXHIBIT 6 Vary i ar? �_ a rl�rrY ��tazet:nu_Ivr Nt1. ec1ti,�.1 I I result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the OCTA Board of Directors. In any event if the final bill exceeds '125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E. Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent OCTA and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of OCTA's request of July 27, 2018 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of the work described herein, It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 2V Century (MAP-21), section 1518: 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). Certificalion(s) should state, "All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United Slates. All manufacturing processes means melting of the steel through final manufacturing of steel components."   City Council  24 – 29 12/21 /2021   ACl EFINII NA, EXHIBIT 6 li h1Ll'h1' Ar�Rfa{�Ih.�l N[�. C'OtiA-1 115 All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the dale of final payment to the OWNER and will be made available to STATE or FHWA upon request, One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Deparlment's guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly retying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance, THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $2,200,000.00 Signatures on Fallowing Page   City Council  24 – 30 12/21 /2021   UTILITY AGHEMENT koMiPIT 6 UTILITY AGREEMENT NO. COSA-I 115 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. OWNER: CITY OF SANTA ANA APPROVED By:_�� Kristine Ridge City Manager Date: _ M"Y lei! Z.^ZU ATTEST: By: A A, Daisy Gomez Clerk of the Council APPROVED AS TO FORM: 7 By: v, 4vr'� ohn M,Funk ssistant City Attorney RECOMANDED FOR APPROVAL: By: Nabil Saba Executive Director Public Works Agency ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED By: Jarred , Seil, P.E. E eculive Director, a ital Programs Date: 5!2 Zo 'L-a APPROVED AS TO FORK.. By: Jame Donich Ge ral Counsel   City Council  24 – 31 12/21 /2021   Fri EXHIBIT 6 OCTA LETTER OF TRANSMITTAL To: Mr. Rudy Rosas, P.E. Principal Civil Engineer The City of Santa Ana Public Works Agency 215 S. Center Street Santa Ana, CA 92704 Project: SR-55 Improvement Project Subject: Utility Agreement COSA-1115 Sent: X Enclosed Separately Date: December 17, 2020 Sent By: E-Mail Fed Ex Messenger X Hand Delivered Remarks: Please find attached the following: - COSA-1115 previously executed agreement, - COSA-1115 three clean agreements for your signature and return. Please note the change is the addition of the last sentence on the last paragraph of the Page 3 of 5. -previous paragraph: OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 535.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). -edited paragraph with the highlighted addition: OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 636 410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certifications) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). Certification(s) should state, "All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through final manufacturing of steel components." If you have any questions, please call me. Thank you, For Your: X Signature and Return Comment and Return Use Approval and Return Files Review and Response Copies To: Ross Lew, OCTA wlo attachment By: J, Gallardo, OCTA w/o attachment Sanya Sotsot S. Sobot, OCTA w/attachment Utility Coordinator Orange County Transportation Authority 550 S. Main Street ' P.O. Box 14184 ' Orange, CA 92863-1564 ' 714.560.00TA   City Council  24 – 32 12/21 /2021   Return ORIGINAL executed copy to COTC, NI-30 ORAN(;]: ('Ol'N'1'1''I'RAN51POR'hA'I'l0N Al' 111011IT1' l�'I'll.l'1'1' ,lG1tEl•:�Il{Nf R\C 134151ItFV 121111161 A-2020-089-o l EXHIBIT 7 hla;cIWj DISTRICT COUNTY Ij�i � f j- POST MILE Project ID 12 Orange 5R-55 6.4110.2 120on2n.128 E.A. OJ340 FEDERAL AID NUMBER OVIINER'S PLAN NUMBER STPLN-6071 (129) Plan No. DWG: 102 FEDERAL PARTICIPATION On the project I-s ❑ No UTILITY AGREEMENT NO. COSA-1117 On the Utilities L YES ❑ NO DATE S/271Zo20 Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County Transportation Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a project that proposes to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55 Improvement Project). Per the Cooperative Agreement OCTA is the lead agency for Right of Way Acquisition and Utility relocations. The SR-55 Improvement Project proposes to reduce traffic congestion• improve mobility as well as traffic operations to an existing four mile stretch of SR-55. City of Santa Ana- Public Works Agency 220 S. Daisy Avenue Santa Ana, CA 92703 Hereinafter referred to as "OWNER", owns and maintains water facilities in the City of Santa Ana within the limits of OCTA's project which requires relocation of the water control station on Ritchey Street, commonly referred to as SA-7 to accommodate OCTA's project It is hereby mutually agreed that: WORK TO BE DONE In accordance with Notice to Owner No. COSA-1117 dated March 9, 2020, OWNER shall relocate existing water regulation station an Ritchey Street. Alt work shall be performed substantially in accordance with OWNER's Plan No, DWG; 102 dated July 7. 2019 consisting of 1 sheet, a copy of which is on file in the OCTA office at 550 S. Main Street; Orange, CA 92863-1584. Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner. approved by the OCTA and agreed tolacknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. it. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of OCTA and will be relocated at OCTA expense. ADA Notice Fur individuals with sensory disabilitic.,. this document i+ avaiiable in alternate ronnals. For alternate limnal inlimnatiun, contact the Forms Management Unit at (`) 16) 445-1233, TTY 711, or write to Recordsand Dorms \lanagemcltl. 1120 N Street, NIS-89, StICi'1ln10110. CA 95814.   City Council  24 – 33 12/21 /2021   UTILI Y ACRE?E N-1ENT III. PERFORMANCE OF WORK EXHIBIT 7 Pima: 2,,1 UTILITY AGRELMFNT Nt7. OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion, Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA personnel travel per diem. Owner shall also include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements. Work performed directly by OWNER's employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK The OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit OCTA for the accrued depreciation for the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER, Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement, Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above, If OCTA has not received a final bill within 360 days after notification of completion of OWNER's work described in Section [ of this Agreement, and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the OCTA Board of Directors. The final billing shall be in the form of a detailed itemized statement of the total costs charged to the project, less the credits provided for in [his Agreement. and less any amounts covered by progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA, Except, if the final bill exceeds the OWNER's estimated costs solely as the   City Council  24 – 34 12/21 /2021   AGREEMENT EXHIBIT 7 Pat,: ? o 11TILlTY A(iREEMl-N'r NO. CosA-1 117 result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the OCTA Board of Directors. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201. et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, at al. If a subsequent OCTA and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of OCTA's request of July 27, 2018 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legistature, and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of the work described herein. Such Director's Easement Deeds as deemed necessary by the OCTA will be delivered to OWNER, conveying new rights of way for portions of the facilities relocated under this Agreement, over available OCTA owned property outside the limits of the highway right of way. OCTA's liability for the new rights of way will be at the proration shown for the relocation work involved under this Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 2111 Century (MAP-21), section 15M 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA.   City Council  24 – 35 12/21 /2021   IITII.I FY AGItEFINIF\T EXHIBIT 7 11,44e •4 .r U'I'ILhI'1' :\tiRliliPlliNl' No. COSH-1 117 OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturers) mill test report (MTR). Certification(s) should state, "All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through Final manufacturing of steel components," All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to STATE or FHWA upon request. One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation Of Buy America requirements for utility relocations issued on December 3.2013. OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS 52,400,000.00 Signatures on Following Page   City Council  24 – 36 12/21 /2021   UTILITY AGREEME, NT P, MIBIT 7 UTILITY AGREEMENT N0, COSA.1 117 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. OWNER: CITY OF SANTA ANA APPROVED By: Kristine Ridge City Manager Date: /�IiI y /% 'W70 ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: By: d,� �11V,� J n M. Funk Assistant City Attorney RECOMANDED FOR APPROVAL: By. '-- � rL 1. Nabil Saba Executive Director Public Works Agency ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED By: E erfiveDirector, Capital Pr gram Date: Zo APPROVED AS 70 RM' sy: J es M, Donich eneral Counsel   City Council  24 – 37 12/21 /2021   LETTER OF TRANSMITTAL To: Mr. Rudy Rosas, P.E. Principal Civil Engineer The City of Santa Ana Public Works Agency 215 S. Center Street Santa Ana, CA 92704 Project: SR-55 Improvement Project Subject: Utility Agreement COSA-1117 0 EXHIBIT 7 Date: December 17, 2020 Sent: X Enclosed Sent By: E-Mail Separately Fed Ex Messenger X Hand Delivered Remarks: Please find attached the following: COSA-1117 previously executed agreement, COSA-1117 three clean agreements for your signature and return. Please note the change is the addition of the last sentence on paragraph one of the Page 4 of 5. -previous paragraph OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from 1he vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). -edited paragraph with the highlighted addition: OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certifications) from the manufacturer(s) mill test report (MTR). Cerdfication(s) should state, "All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United States. Alt manufacturing processes means melting of the steel through Final manufacturing of steel components." If you have any questions, please call me. Thank you, For Your: X Signature and Return Comment and Return Use Approval and Return Files Review and Responsf__ Copies To: Ross Lew, OCTA w/o attachment By: �C-- J. Gallardo, OCTA w/o attachment 5anya Sobot S. Sobot, OCTAw/attachment Utility Coordinator '1l 1-�'2Z-7(✓7� Orange County Transportation Authority 550 S. Main Street ' P.O. Box 14164 ' Orange. CA 92663-1584 ' 714.560.00TA   City Council  24 – 38 12/21 /2021   PROJECT TITLE: SR-55 Widening - Ritchey Street Water Main Relocation PROJECT CATEGORY: Utility/Drainage/Lighting Improvements - Water Improvements LOCATION MAP CITY OF SANTA ANA FY 21/22 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Relocate water main on Ritchey Street as part of SR-55 widening project. EXHIBIT 8 PROJECT NEED: Relocation is needed to accommodate OCTA/Caltrans SR-55 widening project. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 1 2y0000 TOTAL 1,250,000 SOURCE OF FUNDS FV 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 WTR LITY CAPITAL 1,250,000 TOTAL 1,250,000 AGENCY: DIVISION: CONTACT: DATE: Public Works Agency Water Resources Robert Aguirre, Senior Civil Engineer 09-Dec-2021   City Council _  24 – 39 12/21 /2021   PROJECT TITLE: SR-55 Widening - SA-7 Relocation (PROJECT CATEGORY: Utility/Drainage/Lighting Improvements - Water Improvements LOCATION MAP N N CITY OF SANTA ANA FY 21/22 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Relocation of SA-7 pressure regulating station. EXHIBIT 8 E PROJECT NEED: Relocation is needed to accommodate OCTA/Caltrans SR-55 widening project. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction (100,000) TOTAL (100,000) SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 WTR LITY CAPITAL (100,000) TOTAL (100,000) AGENCY: DIVISION: CONTACT: DATE: Public Works Agency Water Resources Robert Aguirre, Senior Civil Engineer 09-Dec-2021   City Council  24 – 40 12/21 /2021   PROJECT TITLE: SR-55 Widening - Water Main Relocation (PROJECT CATEGORY: Utility/Drainage/Lighting Improvements - Water Improvements LOCATION MAP CITY OF SANTA ANA FY 21/22 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Relocate 12" and 24" water mains crossing SR-55 near Warner EXHIBIT 8 PROJECT NEED: Relocation is needed to accommodate OCTA/Caltrans SR-55 widening project. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 500,0000 - TOTAL 500,000 SOURCE OF FUNDS FV 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 WTR UTY CAPITAL 500,0000 TOTAL 500,000 AGENCY: DIVISION: CONTACT: DATE: Public Works Agency Water Resources Robert Aguirre, Senior Civil Engineer 09-Dec-2021   City Council _  24 – 41 12/21 /2021   Public Works Agency www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Approve Appropriation Adjustment and Purchase and Sale Agreements per RFP 20-159 AGENDA TITLE Approve Appropriation Adjustment and Purchase and Sale Agreements per RFP 20-159 Generating $1,850,000 in Revenue for Bristol Street Corridor Improvement Projects (Non - General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a purchase and sale agreement with Southwest Group Properties, LLC, for the sale of City -owned property located at 1601 N Bristol Street (APN's 405-252-21 and 405-252-22) in the amount of $950,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute a purchase and sale agreement with Santana Green Development, LLC, for the sale of City -owned property located at 2235 S Bristol Street (APN 015-194-40) and 1211 W Warner Street (APN 015- 194-37) in the amount of $900,000, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing revenue in the amount of $1,189,750 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2021-22 from the sale of City -owned property located at various locations and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $660,250 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes) DISCUSSION The City is the owner of substantial real property assets and interests that were specifically acquired for various street widening projects. Approval of recommended actions will allow the City to sell such City -owned vacant property acquired with Orange County Transportation Authority (OCTA) Right -of -Way restricted grant funds, and return proceeds of sale to Bristol Street Improvement Project, and funding agency, City Council 25 — 1 12/21/2021 Purchase and Sale Agreements — RFP 20-159 Sale of City -Owned Vacant Properties December 21, 2021 Page 2 proportionally based on match requirements, consistent with Comprehensive Transportation Funding Program (CTFP) Cooperative Agreement C-6-0069 between respective agencies. On March 5, 2019, the City Council authorized for disposition of various City -owned properties via the Request for Proposals (RFP) process and direct negotiations for sites with substandard lot conformity. On April 2, 2019, the City issued RFP 19-026, which solicited the sale and development of various combined properties with existing residential, commercial, and professional office zoning designations. On November 18, 2019, the City Council approved Purchase and Sale Agreements to activate various City - owned vacant properties, and generate over $2 million in revenue generating developments and new sales tax revenues with increased property tax rolls and additional utility user taxes collected on an annual basis in perpetuity. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. ("Surplus Land Act") for the disposition of the Property. On April 27, 2020, the City released a Notice of Availability ("NOX) of surplus property for the Property for a period of 60 days. This NOA was sent out to all " local public entities," as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land is located, and to "Housing Sponsors" that have notified the California Department of Housing and Community Development ("HCD") of their interest in surplus land. The NOA was also sent to local parks agencies and school districts. The Property (Exhibit 1) was among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms. On December 10, 2020, the City issued RFP 20-159, by which it sought proposals for the development of various vacant properties in Santa Ana. The properties that were the subject of RFPs for Sale of Vacant Properties are leftover parcels from full parcel acquisitions that were originally made for street -widening projects now completed. The full parcel acquisitions were made following the City's environmental analysis that the project impacts could not be adequately mitigated if only partial acquisitions were made. When full acquisitions are made under these circumstances, some leftover land ordinarily results. These parcels have never been intended for the City's use, have remained vacant since project completion, and have always been held for the purpose of exchange only. To provide an opportunity for all interested parties to submit proposals, the RFP was solicited electronically via the City's web -based electronic procurement system, PlanetBids. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download RFP documents, City Council 25 — 2 12/21/2021 Purchase and Sale Agreements — RFP 20-159 Sale of City -Owned Vacant Properties December 21, 2021 Page 3 receive project updates, and submit proposals electronically. A total of 254 vendors were notified of the opportunity via PlanetBids, and 80 prospective bidders downloaded the RFP document. On March 24, 2021, 8 proposals were received, accompanied by $47,560 in deposit checks (approximately 1 % of proposed bid amounts) from four vendors. The proposals were evaluated and ranked by a review committee composed of representatives from the Public Works Agency, Community Development Agency, Planning and Building, and Finance and Management Services. Ranking criteria included Project Team, Experience, Proposed Development Concept, and Financial Capacity; Bid Amount and Deposit Verification; Fiscal and Economic Benefit Analysis; and Community Benefit for both Commercial / and Professional zoned proposals. The ranking of the firms is as follows: Parcel ID Entity Proposed Development Purchase Price 1 C-1 Southwest Group Properties, LLC Retail Drive-thru $950,000 2 C-6 Santana Green Development, LLC Multi -Tenant Restaurant or Energy Charging Station $900,000 Total $1, 850, 000 Distribution of Funds Estimated Proceeds for Bristol Improvements $1,189,750 Estimated Proceeds to be Returned to Funding Agency (OCTA) $660,250 The top -scoring proposals demonstrated necessary capacity and presented a diverse mix of development concepts consistent with current zoning as required by RFP. The bid offers received were reasonable and within industry standard and the above - recommended proposals were found to provide the best value for the City of Santa Ana, both in the short-term and long-term benefits. Approval of Recommended Actions No. 1-3 will enhance community satisfaction with reduction in neighborhood blight, revitalize neighborhoods, and reduce liability to the City and community in general (Exhibits 2 and 3). The estimated economic development benefits that will occur as a result of activation of these vacant lots will promote revenue generating developments, create new local jobs, and generate new sales tax revenues. Disposing of these properties will generate sustainable City general fund revenues with increased property tax rolls and additional utility user taxes collected on an annual basis in perpetuity. ENVIRONMENTAL IMPACT In 1990, the City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). On June 3, 2014, the City Council approved an Addendum to the FEIS/EIR pursuant to the California City Council 25 — 3 12/21/2021 Purchase and Sale Agreements — RFP 20-159 Sale of City -Owned Vacant Properties December 21, 2021 Page 4 Environmental Quality Act to account for several minor design modifications in Phase 11113. FISCAL IMPACT The revenue generated will be used to reimburse project expenditures and replenish grants used on acquisition costs, as well as fund additional public improvements along Bristol Street. The sale of these properties would lead to other significant economic activity spurred from the development of various projects on each parcel ID, such as creating local jobs, sales tax boosts, and increased property tax that will be realized by the City in perpetuity. In addition, the City will be relived from the continued maintenance, clean up, and liability from owning these vacant parcels. Approval of the recommended Appropriation Adjustment (Recommended Action No. 3) will recognize the receipt of $1,189,750 into the Select Street Construction Fund, Sale of Land revenue account (No. 05917002-57071) and appropriate the same into the OCTA Bristol Street Corridor Improvements Fund, Improvements Other Than Building expenditure account (No. 05917661-66220). These funds will be available for expenditure on the Bristol Street Corridor Improvement Projects. The remaining proceeds of $660,250 will be received in the Measure M Street Construction Fund (Account No. 03201001-20215) for disbursement to OCTA, consistent with Cooperative Agreement C-1-2783. The table below summarizes the sales price, Bristol revenue and payments to OCTA. Parcel ID Sale Price Bristol Improvement Fund (Account No. 05917661-66220) Reimburse Funding Agency (Account No. 03201001-20215 C-1 $950,000 $289,750 $660,250 C-6 $900,000 $900,000 $0 Total $1,850,000 $1,189,750 $660,250 EXHIBIT(S) 1. Location Map(s) 2. Purchase and Sale Agreement — C1 Southwest Group Properties, LLC 3. Purchase and Sale Agreement — C6 Santana Green Development, LLC Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 25 — 4 12/21/2021 EXHIBIT 1 r� rjj I FC7,FNn EXISTING PROPERTY LINE COMBINED PARCEL Q 0 0 fr D LL F16 N. BRIS L ST. 405-2 -22 1601 N. BRISTOL ST. / 405-252-21 -A PARCEL Cl �Z unc EXHIBIT 1 7 F= W- car: - -- - W cr) I Z O Q �I z 0 m2235 S. ISTOL ST. 1 1 W. WA ER AVE. Q 15-194-40 015 94-37 I FC7,FNn EXISTING PROPERTY LINE COMBINED PARCEL WARNER AVENUE PARCEL C6 unc PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into this L� day of " 2021 ("Effective Date"), by and between Southwest Group Properties, LLC, a California limited liability company ("Buyer"), 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 ("Seller" or "City"). As used herein, Buyer and Seller may be referred to collectively as the "Parties," and each individually as a "Party." RECITALS A. City is the fee simple owner of that certain real property consisting of approximately 18,290 square feet, located at 1601 N. Bristol Street (APN No. 405-252-21), and 1067 N. Bristol Street (APN No. 405-252-22) Santa Ana, California, legally described in Exhibit "A" attached to this Agreement and incorporated into this Agreement in its entirety by this reference (the "Property"). B. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. ("Surplus Land Act") for the disposition of the Property. C. On April 27, 2020, the City released a Notice of Availability ("NOA") of surplus property for the Property for a period of sixty days. This NOA was sent out to all " local public entities," as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land is located, and to "Housing Sponsors" that have notified the California Department of Housing and Community Development ("HCD") of their interest in surplus land. The NOA was also sent to local parks agencies and school districts. D. The Property was among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms. E. On December 10, 2020, the City issued Request for Proposal 21-159, by which it sought Proposals for the development of various vacant properties in the City of Santa Ana, including the Property that is the subject of this Agreement. F. Evaluation and negotiations have concluded, and the City has otherwise complied with all applicable requirements of the Surplus Land Act prior to the sale of the Property. G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement. City Council -1- 25 — 7 12/21/2021 AGREEMENT NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Incorporation of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference. 2. Purchase and Sale,• Purchase Price. 2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement. 2.2 Purchase Price. The purchase price of the Property shall be Nine Hundred Fifty Thousand Dollars ($950,000.00). 3. Escrow. 3.1 Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow ("Escrow") with Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660, Attn: Grace Kim ("Escrow Holder") for the purchase and sale of the Property. The "Opening of Escrow" shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow Holder. Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder. 3.2 Payment of Purchase Price. The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation., the "Grant Deed" (as defined in Section 3.10 below), and complied with all of Seller's other obligations under this Agreement, then on or before the "Closing Date" (as defined Section 3.3 below) so as not to delay the "Close of Escrow" (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below. 3.3 Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow ("Closing Date"), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, "Close of Escrow" shall mean the date on -which the "Grant Deed" conveying fee title to the Property to Buyer is recorded in the Orange County Recorder's Office. City Council -2- 25 — 8 12/21/2021 3.3.1 Conditions Precedent to Buyer Obligation to Close. Buyer's obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer may, in its sole discretion and without limiting any of Buyer's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller. (1) Title Policy. Escrow Holder has issued or is irrevocably committed to issue to Buyer the "Title Policy" (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to "Permitted Exceptions" (as defined in Section 3.5 below). (2) R resentations and Warranties. Each of Seller's representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow. (3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement. (4) Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so. 3.3.2 Conditions Precedent to Seller Obligation to Close. Seller's obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. If any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. (1) Re resentations and Warranties. Each of Buyer's representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow. (2) Buyer's Obligations. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required_ 3.4 Escrow Cancellation. 3.4.1 Charges. (1) Seller's Default. If Escrow fails to close due to Seller's default, Seller shall pay all Escrow cancellation charges. "Escrow cancellation charges" means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all City Council -3- 25 — 9 12/21/2021 title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies. (2) Buyer's Default. If Escrow fails to close due to Buyer's default, Buyer shall pay all Escrow cancellation charges and Seller shall be entitled to terminate this Agreement as its sole and exclusive remedy. (3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges. 3.5 Permitted Exce tions to Title. As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause Commonwealth Land Title Company, in its capacity as title insurer ("Title Company"), to deliver to Buyer and Seller a current preliminary title report ("Title Report") together with legible copies of all underlying documents referenced therein (together with the Title Report, the "Title Documents"). The term "Permitted Exceptions" as used in this Agreement shall mean all of the following: (a) the Grant Deed; (b) the Affordable Housing Covenant; (c) non -delinquent real property taxes and assessments; (d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement, and (e) the title exceptions shown on the Title Report but excluding any (i) "Disapproved Exceptions" as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non -delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion ("Disapproved Exceptions"), Buyer shall deliver written notice ("Objection Notice") of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a "Notice of Approval", Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller's failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer's sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination. 3.6 Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner's policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) ("Title Policy") insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) ("Buyer Title Costs"). Seller shall only be responsible for that portion of the cost of the Title Policy equal to the cost of a standard coverage title policy ("Seller Title Costs"). City Council -4- 25 — 10 12/21/2021 3.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third patty claims of use or ownership. 3.8 Taxes Assessments and Prorations. 3.8.1 Taxes. Only to the extent the Seller pays any property taxes or assessments on the Property, all current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County. Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ("Assessment Parcel") which as of the Close of Escrow remains unsegregated on the County Tax Assessor's Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer's name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the CIose of Escrow shall be the responsibility of Seller. 3.8.2 General. All pro rations provided for herein shall be on an "actual day" basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law. 3.9 Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If required by Buyer's lender, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs"). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller. City Council -5- 25 — 11 12/21/2021 3.10 Grant Deed. The transfer of ownership of the Property shall be documented through a Grant Deed in the form attached hereto as Exhibit "B" and incorporated herein by reference, conveying the Property to Buyer ("Grant Deed"). 3.10.1 Affordable Housing Covenant in the Event of Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code. Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the Government Code, 3.11 Recordation and Delivery of Documents. No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below): 3.11.1 Grant Deed. One (1) fully executed and acknowledged copy of the Grant Deed conveying the Property to Buyer. Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible. 3.11.2 Withholding Exemption Certificates. One (1) completed and executed copy of the following: Non -foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099-S, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable. 3.11.3 Disbursement of Closing_ Documents, As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller's counsel and Buyer's counsel. City Council -6- 25 — 12 12/21/2021 3.12 Seller's Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller's cash proceeds through Escrow to Seller' s account as directed in separate written instructions to be provided by Seller. 3.13 Cal-FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the "withholding agent" and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law. 3.14 Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller' s affidavits or statements regarding mechanics liens and /or tenants or parties in possession. 3.15 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow. 4. Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys' fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction. 5. Inspections; AS -IS Condition of Property 5.1 Waiver of Inspections. Buyer and Seller agree that Buyer unequivocally waives any right to conduct independent investigations concerning (1) Buyer's proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property. City Council -7- 25 — 13 12/21/2021 5.2 No Representations or Warranties. Seller makes no representation or warranty, express or implied, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer. 53 _Acceptance of Property "AS -IS." Buyer shall accept all conditions of the Property, without any liability of the Seller whatsoever, in the Property's AS -IS, WHERE -IS, SUBJECT TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of the Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not as a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied warranties regarding the Property, unless expressly and specifically set forth in this Agreement. 6. Warranties. 6.1 Seller's Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes of this Agreement, including Seller's representations and warranties contained herein, the phrase "to the best of Seller's knowledge" shall mean the current actual knowledge of Seller. If prior to the Close of Escrow, Buyer has actual Knowledge that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from the date of receipt of Buyer's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) ("Seller Cure Period") to correct any factor or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer's reasonable satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement, or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow. 6. l . I Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller. Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller. City Council -8- 25 — 14 12/21/2021 6.1.2 Conflicting A egr ements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such default. To the best of Seller's knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement. 6.1.3 Proceedings. To the best of Seller's knowledge, no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller's right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) Buyer's ability to own, develop and/or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller's knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property. 6.1.4 Binding ARreement. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. 6.1.5 Violations of Law. On the Effective Date and Close of Escrow neither this Agreement nor the Property shall be in violation of any Iaw, ordinance, rule regulation, or administrative or judicial order. 6.1.6 Hazardous Materials. Seller has not stored or released, caused to be stored or released or approved the storage or release on the Property, of any "hazardous materials" (as defined below). To the best of Seller's knowledge, (a) no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any "environmental law" (as defined below); (c) there are no underground tanks on the Property nor have there ever been any underground storage tanks on the Property; (d) no use of or operations on the Property have occurred which use or operation has violated any applicable environmental law; and (e) the Property is not on any "Superfund" list under any applicable environmental law. As used herein, "environmental law" shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment City Council -9- 25 — 15 12/21/2021 to any "hazardous materials" (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, "hazardous materials" shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant" or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum by- products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources. 6.1.7 No Assumed Obligations. There are no obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer. 6.1.8 Endangered Species. To the best of Seller's knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property, which under existing law will adversely affect Buyer's ability to own, develop and/or market the Property or the cost thereof 6.1.9 Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property. 6.1.10 Property Documents. To the best of Seller's knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact, and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer's ability to own, develop and/or market the Property. 6.1.11 Other Apreements. Except as set forth in the Property Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on Buyer or all or any portion of the Property or would interfere in any way with Buyer's ability to own, develop, improve and/or market the Property, and will not make any such representations or warranties or enter into any such agreements which would City Council -10- 25 — 16 12/21/2021 affect the Property or any portion thereof prior to the Close of Escrow, without Buyer's written consent. 6.1.12 Access. There is full and unobstructed direct access to the Property from public streets, highways or roads that are adjacent to the Property. 6.1.13 BankruptcX. No `Bankruptcy Event" (as defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or re - composition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets. "Bankruptcy Event" means (a) the making by a person of a general assignment for the benefit of such person's creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attachment, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue. 6.1.14 Material Chan e. Seller shall promptly notify Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading_ 6.2 Buyer's Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer's representations and warranties contained herein, the phrase "to the best of Buyer's knowledge" shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (`Buyer Cure Period") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller's reasonable satisfaction. If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of any of Seller's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow. City Council -11- 25 — 17 12/21/2021 6.2.1 Authorization. Buyer is a limited liability company duly formed in the State of California and validly existing under the laws of the State of California and is qualified to transact business in the State of California. Buyer has full power and authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Buyer. 6.2.2 Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. 6.2.3 Compliance with Law. Buyer is required to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws. 6.2.4 Repurchase Right. Buyer hereby represents and guarantees that, subject to Permitted Delay (as defined herein), Buyer shall open for business to the public on the Property as a drive-thru restaurant or drive-thru cafe (the "Opening Covenant") on or before the date that is thirty (30) months following Close of Escrow (the "Opening Deadline"). If Buyer has not satisfied the Opening Covenant on or before the Opening Deadline, Seller may, at its sole and exclusive remedy, elect to repurchase the Property from Buyer (the "Repurchase Right") pursuant to the terms and conditions below. Seller shall provide written notice to Buyer of its exercise (the "Exercise Notice") within sixty (60) days following the Opening Deadline ("the Exercise Window"). The Exercise Notice shall propose a date for closing that is no less than forty-five (45) days, nor more than sixty (60) days, following the date of the Exercise Notice, with such closing then occurring on a date mutually convenient to both the Seller and Buyer (the "Repurchase Closing Date"). If (a) Seller fails to deliver its Exercise Notice to Buyer within the Exercise Window, or (b) Buyer satisfies the Opening Covenant after receipt of the Exercise Notice but prior to the Repurchase Closing Date, then the Repurchase Right shall automatically terminate and be of no further force and effect. The repurchase deed shall be identical in form to the deed by which title to the Property was conveyed by Seller to Buyer and shall be free and clear of any and all mortgage liens or other evidence of indebtedness. The purchase price to be paid to Buyer by Seller for the Property shall be equal to eighty percent (80%) of the Purchase Price paid by Buyer to Seller under this Agreement. Seller's exercise of the Repurchase Right shall be Seller's sole and exclusive remedy for Buyer's failure to satisfy the Opening Covenant prior to the Opening Deadline. Notwithstanding anything to the contrary set forth herein, if Seller elects to exercise its Repurchase Right, City Council -12- 25 — 18 12/21/2021 in no event may any consideration be paid to Buyer be in a form other than cash. As used herein, the term "Permitted Delay" shall refer to any delay resulting from acts of God; fire; earthquake; Hood; explosion; action of the elements; war; invasion; insurrection; riot; mob violence; sabotage; malicious mischief, inability (notwithstanding good faith and diligent efforts) to procure (or general shortage of) labor, equipment, facilities, materials, or supplies in the open market; failure of transportation; strikes (other than any strike resulting from acts of Buyer); lockouts; action of labor unions; condemnation laws; requisition or order of government or civil or military or naval authorities; or any other similar cause to those stated above, not within a Buyer's reasonable control. Notwithstanding anything to the contrary contained herein, in no event shall financial inability constitute Permitted Delay. 6.2.5 Approvals. Buyer shall obtain all final approvals, including, without limitation, the building permit and all related municipal approvals (the "Approvals") necessary for developing the Property in substantial conformance with the site plan that was included with the Buyer's proposal for the Property submitted in response to City's Request for Proposal No. 20- 159 (a copy of which is attached as Exhibit "C", the "Intended Improvements") appropriate for the operation of a restaurant (the "Intended Use"), such that immediately following the acquisition of the Approvals, Buyer shall be entitled to commence construction of the Intended Improvements. Nothing in this agreement shall constitute Approvals by Seller, and Buyer acknowledges that it must comply with all of Seller's development standards, guidelines and procedures that are applicable to the Intended Improvements and the Intended Use. 6.3 Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law. 6.4 Buyer and Seller Cooperation. Buyer shall submit plans for the Project to Seller, and Seller, in its capacity as the City within which the Project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located. Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions. 7. Destraction/Condemnation of Property; Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty under the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same. City Council -13- 25 — 19 12/21/2021 8. Indemnification. 8.1 Obligations._ Seller shall Indemnify Buyer and Buyer shall Indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also Indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts or negligence. 8.2 Limitation on Liability of the Seller. hollowing the Close of Escrow, the Buyer is and shall be responsible for operation of the Property and the Project, and the Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property or the Project, except to the extent caused by the Seller's wrongful intentional act or negligence. 8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees. 8.4 Independent of Insurance Obligations. Buyer's indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Buyer's insurance or other obligations under this Agreement and is independent of the Buyer's insurance and other obligations under this Agreement. Buyer's compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer's indemnification obligations under this Agreement and are independent of the Buyer's indemnification and other obligations under this Agreement. 8.5 Survival of Indemnification and Defense Obligations. The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations. 8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to Indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor's indemnity obligations under this Agreement. 8.7 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee: City Council -14- 25 — 20 12/21/2021 8.7.1 Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim. 8.7.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee's separate counsel may attend all proceedings and meetings. The Indemnitor's counsel shall actively consult with the Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim. 9. Miscellaneous. 9.1 Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Business Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given hereunder by the parties' respective counsel and that, if any communication is to be given hereunder by Buyer's or Seller's counsel, such counsel may communicate directly with all principals as required to comply with the provisions of this Section. If to Buyer: Southwest Group Properties, LLC 714 S. PIymouth Blvd Los Angeles, CA 90005 Attn: Amir Houriani If to Seller: City of Santa Ana 20 Civic Center Plaza M-30 Santa Ana, CA 92702 Attn: Clerk of the Council with a copy to: City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Attn. Executive Director of Public Works City Council -15- 25 — 21 12/21/2021 9.2 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, .managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom. 9.3 Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement. 9.4 Calculation of Time Periods,• Business Da Time of Essence. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Real Property is located. As used herein, the term `Business Day" means any day excluding Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement. 9.5 Entire Agreement, Amendments. This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties. 9.6 SurvivaI. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith. 9.7 Binding Effect- Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto. 9.8 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein. City Council -16- 25 — 22 12/21/2021 9.9 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County and the Parties hereby agree to and do hereby submit to the jurisdiction of such court. 9.10 Attome s' Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party's major arguments or positions on major disputed issues. For the purposes of this Section, attorneys' fees shall include, without limitation, fees incurred in the following: (1) post judgment motions; (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. 9.11 Construction. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement. 9.12 Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to limit or otherwise affect the meaning or construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms "include," "including," and similar terms will be construed as if followed by the phrase "without being limited to." The term "or" has, except where otherwise indicated, the inclusive meaning represented by the phrase "and/or." The words "hereof," "herein," "hereby," "hereunder," and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa. 9.13 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Parry's consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent or approval to or of any subsequent similar acts by the other Party. 9.14 Severability of Provisions. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. City Council -17- 25 — 23 12/21/2021 9.15 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein. 9.16 Counterparts. This Agreement may be executed in any number of Counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement will become effective upon the execution and delivery of a counterpart hereof by each Party to this Agreement. A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or other electronic transmission will have the same force and effect as delivery of an original signature of such Party. 9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date, ATTEST Daisy Gomez City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:—Y� John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager SOUTHWEST GROUP PROPERTIES, LLC, a Californialimitedliability company By: Name: Title: City Council -18- 25 — 24 12/21/2021 Exhibits: Exhibit "A" — Legal Description of the Property Exhibit "B" — Form of Grant Deed Exhibit "C" — Intended Improvements City Council -19- 25 — 25 12/21/2021 FXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described in the following exhibit A & B: [attached behind this page] City Council 25 — 26 12/21/2021 Exhibit A In the City of Santa Ana, County of Orange, State of California, being Lots 8, 5, Aqd 7, of a Surveyors Map, per map fled in book-3 page 12, of Retard of Surveys, in the Office of the C:ounty.Recorderofsold County, Except -that Land described in a Deed as Instrument "al' records -of said County. Containing 18290 square feet, More or less. Subject to all Covenants, Conditions, Reservations, :Restrictlons, Bights. of Wpy,and Easements cf'rec6rd, if any. The hearing used for Bristol Street is'North V $2' 01" East, per.'Record of $urvPy 2bij-1481 filed in book 253, pages 1.7 through X, of Records of$4rvey,. Jn the Office -of -said i~ounty Recdrder of Orange.County, All as shown pn Exhlblt B, attached hereto nnd'hy this reference made apart hereof. Prepared by -.me, or -under my direction can s 1 IN) rx_�. John iVI, Gonzales,. PLS 906.5 City Council 25 — 27 12/21/2021 EXHIBfT T' SKETCH TO ACCOMPANY LEGAL DESCR F-flON SEVENTEENTHT �V y / 85,00' EAST Or 0. L. R pp 30 f tip 1 co +av r I' 1 yti o 0 .I. I f r YV �i t 1 Q �— I ' 84..00' 1wAST 1 QF G.L. I A= 10' EASEMENT PER ,IN5T.1 1516BK 4156PG41.3 ' B= W .EASEMENT PER INSTJ 12214 BK .3785 PG :2:. 1 G1 C2 t= 10' EASEMENT PER ©= 1"48'4�" 8K 3B31 PO 214. R - 10Q 00� R = 100.90 i 1 =PER RS 0`11-1081 I = .37. 5R' t *� 3.16 R� r � E f 0 C3 � = 21`27�rEe R = 1.00.:00'.G L 87,46' n.,?IJL 253J17-20. j L1 N 20 49'5b" E. 11 V RSB 3/12. 1. . R ;5 .x WASHINGTON AVE. (W) -- ;_• � ':f ' f WASHINGTON AVE. (E) STREET R/W PER INST. NO Zn�9c�D�1 City Council 25 — 28 12/21/2021 EXHIBIT "B" GRANT DEED (TO BE EXECUTED) [attached behind this page] City Council 25 — 29 12/21/2021 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, 27383. usE SPACE ABOVE THIS LINE FOR RECORDER'S TAXES I APPROVF.B AS TO APPROVED BY OF,SCRIPTION DISCRIPTION A_P_ R'W MAP PARCEL FORM BY ATTY. DIRCTOR WRITTEN BY CIIECKED O.K. NUMBER NUMBER NUMBER 445-252-21 & 22 Cl 1601 & 1607 N. BRISTOL STREET ➢EED Nl1;VEEER 8735 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The CITY OF SANTA ANA, a Charter City and Municipal Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to: Southwest Group Properties, LLC, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B" attached hereto reference only. Dated: Dated By: Kristine Ridge City Manager, City of Santa Ana Attested by: By: Daisy Gomez City Clerk, City of Santa Ana City Council 25 - 30 12/21 /2021 EXHIBIT "C INTENDED IMPROVEMENTS [attached behind this page] City Council 25 — 31 12/21/2021 Proposed Development — Drive-Thru Site Plan ZONE Rt ' x 'f NEW BUILDING ZOFFE SP1' Se1p's ZONESP. ------------ an O a x,au °0 pLn . S5 am.can�u.,oar ! a,: 'se+a�rien FI,�GwIFN[rx - - MNAQi Whl,t�wR -•-- a,ra iK+liaaec.r�,,ow M,h�lM wFluwo�nr[r:.ei�. -. iN. BRWOL 5TREEY —m .uE+maKo i Sl7L' PLAN �® BOUTHWVMUFouP =_= � -= PROPOSED BUILDING PROPERTiES,LLG :±T•..�.. �wF.iwrHa�sxo�sr. +�wowuwr u y 1.1 }p,9f� Wrmar 11 City Council — 32 12/21 /2021 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into this Is,- day of 12?CeMl /'% , 2021 ("Effective Date"), by and between Santana Green Development LLC, a California limited liability company (`Buyer"), 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 ("Seller" or "City"). As used herein, Buyer and Seller may be referred to collectively as the "Parties," and each individually as a "Party." RECITALS A. City is the fee simple owner of that certain real property consisting of approximately 17,415 square feet, located at 2235 S. Bristol Street (APN No. 015-194-40), and 1211 W. Warner Street (APN No. 015-194-37) Santa Ana, California, legally described in Exhibit "A" attached to this Agreement and incorporated into this Agreement in its entirety by this reference (the "Property"). B. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. ("Surplus Land Act") for the disposition of the Property. C. On April 27, 2020, the City released a Notice of Availability ("NOA") of surplus property for the Property for a period of sixty days. This NOA was sent out to all " local public entities," as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land is located, and to "Housing Sponsors" that have notified the California Department of Housing and Community Development ("HCD") of their interest in surplus land. The NOA was also sent to local parks agencies and school districts. D. The Property was among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms. E. On December 10, 2020, the City issued Request for Proposal 21-159, by which it sought Proposals for the development of various vacant properties in the City of Santa Ana, including the Property that is the subject of this Agreement. F. Evaluation and negotiations have concluded, and the City has otherwise complied with all applicable requirements of the Surplus Land Act prior to the sale of the Property. G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement. City Council -1- 25 — 33 12/21/2021 AGREEMENT NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Inco oration of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference. 2. Purchase and Sale; Purchase Price. 2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement. 2.2 Purchase Price. The purchase price of the Property shall be Nine Hundred Thousand Dollars ($900,000.00). 3. Escrow. 3.1 Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow ("Escrow") with Commonwealth Land Title Company, 4100 Newport PIace Drive, Suite 120, Newport Beach, CA 92660, Attn: Grace Kim ("Escrow Holder") for the purchase and sale of the Property. The "Opening of Escrow" shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow Holder. Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder. 3.2 Pa ent of Purchase Price. The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the "Grant Deed" (as defined in Section 3.10 below), and complied with all of Seller's other obligations under this Agreement, then on or before the "Closing Date" (as defined Section 3.3 below) so as not to delay the "Close of Escrow" (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below. 3.3 Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow ("Closing Date"), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, "Close of Escrow" shall mean the date on -which the "Grant Deed" conveying fee title to the Property to Buyer is recorded in the Orange County Recorder's Office. City Council -2- 25 — 34 12/21/2021 3.3.1 Conditions Precedent to Buyer Obligation to Close. Buyer's obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer may, in its sole discretion and without limiting any of Buyer's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller. (1) Title Policy. Escrow Holder has issued or is irrevocably committed to issue to Buyer the "Title Policy" (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to "Permitted Exceptions" (as defined in Section 3.5 below). (2) Representations _ and Warranties. Each of Seller's representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow. (3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement. (4) Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so. 3.3.2 Conditions Precedent to Seller Obligation to Close. Seller's obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. If any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. (1) Representations and Warranties. Each of Buyer's representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow. (2) Buyer's Obligations,. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required. 3.4 Escrow Cancellation. 3.4.1 Charges. (1) Seller's Default. If Escrow fails to close due to Seller's default, Seller shall pay all Escrow cancellation charges. "Escrow cancellation charges" means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all City Council -3- 25 — 35 12/21/2021 title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies. (2) Buyer's Default. If Escrow fails to close due to Buyer's default, Buyer shall pay all Escrow cancellation charges and Seller shall be entitled to terminate this Agreement as its sole and exclusive remedy. (3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges. 3.5 Permitted Exceptions to Title. As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause Commonwealth Land Title Company, in its capacity as title insurer ("Title Company"), to deliver to Buyer and Seller a current preliminary title report ("Title Report") together with legible copies of all underlying documents referenced therein (together with the Title Report, the "Title Documents"). The term "Permitted Exceptions" as used in this Agreement shall mean all of the following: (a) the Grant Deed; (b) the Affordable Housing Covenant; (c) non -delinquent real property taxes and assessments; (d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement, and (e) the title exceptions shown on the Title Report but excluding any (i) "Disapproved Exceptions" as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non -delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion ("Disapproved Exceptions"), Buyer shall deliver written notice ("Objection Notice") of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a "Notice of Approval", Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller's failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer's sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination. 3.6 Title insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner's policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) ("Title Policy") insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) (`Buyer Title Costs"). SelIer shall only be responsible for that portion of the cost of the Title Policy equal to the cost of a standard coverage title policy ("Seller Title Costs"). City Council -4- 25 — 36 12/21/2021 3.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third patty claims of use or ownership. 3.8 Taxes, Assessments and Proration. 3.8.1 Taxes. Only to the extent the Seller pays any property taxes or assessments on the Property, all current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County. Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ("Assessment Parcel") which as of the Close of Escrow remains unsegregated on the County Tax Assessor's Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer's name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller. 3.8.2 General. All pro rations provided for herein shall be on an "actual day" basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the CIose of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law. 3.9 Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If required by Buyer's lender, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs"). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller. City Council -5- 25 — 37 12/21/2021 3.10 Grant Deed. The transfer of ownership of the Property shall be documented through a Grant Deed in the form attached hereto as Exhibit "B" and incorporated herein by reference, conveying the Property to Buyer ("Grant Deed"). 3.10.1 Affordable Housing Covenant in the Event of Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code. Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the Government Code. 3.11 Recordation and Delivery of Documents. No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below): 3.11.1 Grant Deed. One (1) fully executed and acknowledged copy of the Grant Deed conveying the Property to Buyer. Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible. 3.11.2 Withholding Exemption Certificates. One (1) completed and executed copy of the following: Non -foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099-5, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable. 3.11.3 Disbursement of Closing Documents. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to SeIler's counsel and Buyer's counsel. City Council -6- 25 — 38 12/21/2021 3.12 Seller's Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller's cash proceeds through Escrow to Seller' s account as directed in separate written instructions to be provided by Seller. 3.13 Cal-FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the "withholding agent" and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law. 3.14 Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seiler' s affidavits or statements regarding mechanics liens and /or tenants or parties in possession. 3.15 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow. 4. Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys' fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction. 5. Inspections; AS -IS Condition of Property 5.1 Waiver of Inspections. Buyer and Seller agree that Buyer unequivocally waives any right to conduct independent investigations concerning (1) Buyer's proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property. City Council -7- 25 — 39 12/21/2021 5.2 No Representations or Warranties. Seller makes no representation or warranty, express or implied, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer. 5.3 Acceptance of Property "AS4S" Buyer shall accept all conditions of the Property, without any liability of the Seller whatsoever, in the Property's AS -IS, WHERE -IS, SUBJECT TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of the Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not as a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied warranties regarding the Property, unless expressly and specifically set forth in this Agreement. 6. Warranties. 6.1 Seller's Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from. Seller, Seller makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes of this Agreement, including Seller's representations and warranties contained herein, the phrase "to the best of Seller's knowledge" shall mean the current actual knowledge of Seller. If prior to the CIose of Escrow, Buyer has actual Knowledge that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from the date of receipt of Buyer's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) ("Seller Cure Period") to correct any factor or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer's reasonable satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement, or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow. 6.1.1 Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller. Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller. City Council -8- 25 — 40 12/21/2021 6. I.2 Conflicting Agreements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such default. To the best of Seller's knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement. 6.1.3 Proceedings. To the best of Seller's knowledge, no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller's right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) Buyer's ability to own, develop and/or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller's knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property. 6.1.4 Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally_ 6.1.5 Violations of Law. On the Effective Date and Close of Escrow neither this Agreement nor the Property shall be in violation of any law, ordinance, rule regulation, or administrative or judicial order. 6.1.6 Hazardous Materials. Seller has not stored or released, caused to be stored or released or approved the storage or release on the Property, of any "hazardous materials" (as defined below). To the best of Seller's knowledge, (a) no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any "environmental law" (as defined below); (c) there are no underground tanks on the Property nor have there ever been any underground storage tanks on the Property; (d) no use of or operations on the Property have occurred which use or operation has violated any applicable environmental law; and (e) the Property is not on any "Superfund" list under any applicable environmental law. As used herein, "environmental law" shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment City Council -9- 25 — 41 12/21/2021 to any "hazardous materials" (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, "hazardous materials" shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant" or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum by- products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources. 6.1.7 No Assumed Obligations. There are no obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer. 6.1.8 Endangeredpecies. To the best of Seller's knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property, which under existing law will adversely affect Buyer's ability to own, develop and/or market the Property or the cost thereof. 6.1.9 Ownership of Property_. Seller is the sole and only party that owns or holds any interest in the Property. 6.1.10 Property Documents. To the best of Seller's knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact, and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer's ability to own, develop and/or market the Property. 6.1.11 Other Agreements. Except as set forth in the Property Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on Buyer or all or any portion of the Property or would interfere in any way with Buyer's ability to own, develop, improve and/or market the Property, and will not make any such representations or warranties or enter into any such agreements which would City Council -10- 25 — 42 12/21 /2021 affect the Property or any portion thereof prior to the Close of Escrow, without Buyer's written consent. 6.1.12 Access. There is full and unobstructed direct access to the Property from public streets, highways or roads that are adjacent to the Property. 6.1.13 Bankruptcy. No `Bankruptcy Event" (as defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or re - composition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets. "Bankruptcy Event" means (a) the making by a person of a general assignment for the benefit of such person's creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attachment, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue. 6.1.14 Material Change. Seller shall promptly notify Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading. 6.2 Buyer's Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer's representations and warranties contained herein, the phrase "to the best of Buyer's knowledge" shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (`Buyer Cure Period") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller's reasonable satisfaction. If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of any of Seller's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow. City Council -11- 25 — 43 12/21/2021 6.2.1 Authorization. Buyer is a limited liability company duly formed in the State of California and validly existing under the laws of the State of California and is qualified to transact business in the State of California. Buyer has full power and authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Buyer. 6.2.2 Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. 6.2.3 Compliance with Law. Buyer is required to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws. 6.2.4 Repurchase Right. Buyer hereby represents and guarantees that, subject to Permitted Delay (as defined herein), Buyer shall open for business to the public on the Property as a drive-thru restaurant or fuel station with integrated electric vehicle charging station (the "Opening Covenant") on or before the date that is thirty (30) months following Close of Escrow (the "Opening Deadline"). If Buyer has not satisfied the Opening Covenant on or before the Opening Deadline, Seiler may, at its sole and exclusive remedy, elect to repurchase the Property from Buyer (the "Repurchase Right") pursuant to the terms and conditions below. Seller shall provide written notice to Buyer of its exercise (the "Exercise Notice") within sixty (60) days following the Opening Deadline ("the Exercise Window"). The Exercise Notice shall propose a date for closing that is no less than forty-five (45) days, nor more than sixty (60) days, following the date of the Exercise Notice, with such closing then occurring on a date mutually convenient to both the Seller and Buyer (the "Repurchase Closing Date"). If (a) Seller fails to deliver its Exercise Notice to Buyer within the Exercise Window, or (b) Buyer satisfies the Opening Covenant after receipt of the Exercise Notice but prior to the Repurchase Closing Date, then the Repurchase Right shall automatically terminate and be of no further force and effect. The repurchase deed shall be identical in form to the deed by which title to the Property was conveyed by Seller to Buyer and shall be free and clear of any and all mortgage liens or other evidence of indebtedness. The purchase price to be paid to Buyer by Seller for the Property shall be equal to eighty percent (80%) of the Purchase Price paid by Buyer to Seller under this Agreement. Seller's exercise of the Repurchase Right shall be Seller's sole and exclusive remedy for Buyer's failure to satisfy the Opening Covenant prior to the Opening Deadline. Notwithstanding anything to the contrary set forth herein, if Seller City Council -12- 25 — 44 12/21/2021 elects to exercise its Repurchase Right, in no event may any consideration be paid to Buyer be in a form other than cash. As used herein, the term "Permitted Delay" shall refer to any delay resulting from acts of God; fire; earthquake; flood; explosion; action of the elements; war; invasion; insurrection; riot; mob violence; sabotage; malicious mischief; inability (notwithstanding good faith and diligent efforts) to procure (or general shortage of) labor, equipment, facilities, materials, or supplies in the open market; failure of transportation; strikes (other than any strike resulting from acts of Buyer); lockouts; action of labor unions; condemnation laws; requisition or order of government or civil or military or naval authorities; or any other similar cause to those stated above, not within a Buyer's reasonable control. Notwithstanding anything to the contrary contained herein, in no event shall financial inability constitute Permitted Delay. 6.2.5 Approvals. Buyer shall obtain all final approvals, including, without limitation, the building permit and all related municipal approvals (the "Approvals") necessary for developing the Property in substantial conformance with the site plan that was included with the Buyer's proposal for the Property submitted in response to City's Request for Proposal No. 20-159 (a copy of which is attached as Exhibit "C", the "Intended Improvements") appropriate for the operation of a restaurant (the "Intended Use"), such that immediately following the acquisition of the Approvals, Buyer shall be entitled to commence construction of the Intended Improvements. Nothing in this agreement shall constitute Approvals by Seller, and Buyer acknowledges that it must comply with all of Seller's development standards, guidelines and procedures that are applicable to the Intended Improvements and the Intended Use. 6.3 Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law. 6.4 Buyer and Seller_ Cooperation. Buyer shall submit plans for the Project to Seller, and Seller, in its capacity as the City within which the Project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located_ Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions. 7. Destruction/Condemnation of Property; Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty under the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same. City Council -13- 25 — 45 12/21/2021 8. Indemnification. 8.1 Obligations. Seller shall Indenufy Buyer and Buyer shall Indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also Indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts or negligence. 8.2 Limitation on Liability of the Seller. Following the Close of Escrow, the Buyer is and shall be responsible for operation of the Property and the Project, and the Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property or the Project, except to the extent caused by the Seller's wrongful intentional act or negligence. 8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees. 8.4 Independent of Insurance Obligations. Buyer's indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Buyer's insurance or other obligations under this Agreement and is independent of the Buyer's insurance and other obligations under this Agreement. Buyer's compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer's indemnification obligations under this Agreement and are independent of the Buyer's indemnification and other obligations under this Agreement. 8.5 Survival. of Indemnification and Defense Obligations. The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indernnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations. 8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to Indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor's indemnity obligations under this Agreement. 8.7 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee: City Council -14- 25 — 46 12/21/2021 8.7.1 Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim. 8.7.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemniter's insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee's separate counsel may attend all proceedings and meetings. The Indemnitor's counsel shall actively consult with the Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim. 9. Miscellaneous. 9.1 Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Business Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given hereunder by the parties' respective counsel and that, if any communication is to be given hereunder by Buyer's or Seller's counsel, such counsel may communicate directly with all principals as required to comply with the provisions of this Section. If to Buyer: Santana Green Development LLC 714 S. Plymouth Blvd Los Angeles, CA 90005 If to Seller: City of Santa Ana 20 Civic Center Plaza M-30 Santa Ana, CA 92702 Attn: Clerk of the Council with a copy to: City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Attn: Executive Director of Public Works City Council -15- 25 — 47 12/21/2021 9.2 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third -party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, .managers, or owners, (b) Iiabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom. 9.3 Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement. 9.4 Calculation of Time Periods-, Business Da Time of Essence. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Real Property is located. As used herein, the term `Business Day" means any day excluding Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement. 9.5 Entire Agreement; Amendments. This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties. 9.6 Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith. 9.7 Bindins Effect; Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto. 9.8 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein. City Council -16- 25 — 48 12/21/2021 9.9 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County and the Parties hereby agree to and do hereby submit to the jurisdiction of such court. 9.10 Attornes'Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party's major arguments or positions on major disputed issues. For the purposes of this Section, attorneys' fees shall include, without limitation, fees incurred in the following: (1) post judgment motions; (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. 9.11 Construction. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement. 9.12 Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to Iimit or otherwise affect the meaning or construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms "include," "including," and similar terms will be construed as if followed by the phrase "without being limited to." The term. "or" has, except where otherwise indicated, the inclusive meaning represented by the phrase "and/or." The words "hereof," "herein," "hereby," "hereunder," and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa. 9.13 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party's consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent or approval to or of any subsequent similar acts by the other Party. 9.14 Severability of Provisions. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. City Council -17- 25 — 49 12/21/2021 9.15 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein. 9.16 Counterparts. This Agreement may be executed in any number of counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document, This Agreement will become effective upon the execution and delivery of a counterpart hereof by each Party to this Agreement_ A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or other electronic transmission will have the same force and effect as delivery of an original signature of such Party. 9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date. ATTEST Daisy Gomez City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager SANTANA GREEN DEVELOPMENT, LLC, a California limited liability company By: Title: ct✓l�c City Council -18- 25 — 50 12/21/2021 Exhibits: Exhibit "A" — Legal Description of the Property Exhibit "B" — Form of Grant Deed Exhibit "C" -- Intended Improvements City Council -19- 25 — 51 12/21/2021 A LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seiler in and to that certain real property located in the City of Santa Ana, Orange County, California, described in the following exhibit A & B: [attached behind this page] City Council 25 — 52 12/21/2021 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORMG8, STATE OF CALIFORNIA LOTS 183, 184, 185 AND 186 OF TRACT MAP N0, 1192 AS PER THE MAP FILED IN BOOK 39, PAGE 17 OF MISCELLANEOUS MAPS, OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF LOTS 184, 185 AND 186 GRANTED IN FEE FOR PUBLIC STREET PURPOSES RECORDED AS INSTRUMENT NUMBER Z o u oav y_y i3`319 _. OFFICIAL RECORDS OF SAID COUNTY, CONTAINING A TOTAL AREA OF 17,564 SQUARE FEET. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND ANY OTHER RIGHTS OF RECORD. EXHJBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION: om f / jNo,9210.R ON CHR STOMU, L.S. 9216 DATE U "lA �koF �cw 0 PAGE t OF 1 City Council 25 - 53 12/21/2021 EXHIBIT //Bl, PLAT TO ACCOMPANY LEGAL DESCRIPTION Ln r ...................... — ........... ..... I LOT 182 �LQT 187 II W I LOTT186LY:LINE LWL_i _ 105.01' N69°52'10"E I + 75' N89'52'10 E ` I ~ 70' C2 a POR. OF n LOT 163 J o LOT 186 � CD I Q STREET C a R/N LINE Lo 1 H ! 1 Z I Im 77' 1D8,91' f o 589°52110"W 3c589°52'10"W w L1 % I I� + POR. OF Q POR. OF c1 30' I� I L2 LOT ' 85 ` Q LOT 1$4 L3 M 5YAEET L4 IZ z 95.Pff 97' N89°52'10"E I I PUKAC STREET PER INSTRLJLEENT NLIb9ER I I ,D.R. II � I I � N I I � I ---- — — —-------..-._----- - — - — ---1 288.27' S�9°52'10"W _ _—_ WARNER AVENUE PARCEL LIMITS PUBLIC STREET R/W PER I NST. NO—Z a/ 10Q 0 y y b 3/ B PAGE 1 OF 1 CURVE TABLE RAQILIS DELTA LENGTH NC3 964.84' 01°18'08" 21.93' 954.84' 03°2i'45" 56.62' 1030,0p 00°12 06 3.63 LfNE TABLE BEARING DISTANCE S00°10'45"4I 12.27' LL4 544°59 20 E 35.46 N84°52'10"E 53.09' N39'49 31 E 20.23 City Council 25 — 54 12/21/2021 EXHIBIT "B" GRANT DEED (TO BE EXECUTED) [attached behind this page] City Council 25 — 55 12/21/2021 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, 27383 USE SPADE ABOVE THIS LINE FOR RECORDER'S TAXES APPROVED AS TO I APPROVED BY I DESCRIPTION I DISCRIPTION A_P. FORM BY ATTY. DIRCTOR WRITTEN BY CHECKED O.K. NUMBER 015-194-37 & 40 2235 S. BRISTOL STREET & 1211 W. WARNER AVENUE GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged R.'W MAP PARCEL NUMBER NUMBER C6 The CITY OF SANTA ANA, a Charter City and Municipal Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to: Santana Green Development, LLC, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B" attached hereto reference only. Dated: By: Kristine Ridge City Manager, City of Santa Ana Attested by: Dated: By. -- Daisy Gomez City Clerk, City of Santa Ana DEED NUMBER 8738 City Council 25 — 56 12/21/2021 EXHIBIT "C" INTENDED IMPROVEMENTS [attached behind this page] City Council 25 — 57 12/21/2021 Proposed Development — Drive-rhru Site Plan © � w -- t I z N _ _ NEW BUILDING o � z 1,8W S.F. t PROJECT SUMMARY; W. WARNMAVFNUE $UIL69K3 AREA: 1,6W S.F. FAMZ pRpV MM. 15 LOT AREA 174-OOV.=0.e42Ac, SITE PLAN RETAIL WSftlL 9T [ AVE EAMfA NMfA 1 � rnrl woslCrtwY raNYrp, M Yr Fes., 11 City Council 5 12/21/2021 Proposed Development — Fuel & Electric Vehicle Charging Station Site Plan a� 4. I NEW CONVENIENCE O� STORE 131,4 ---- SF.� a + FUEL y PUMPS a 0� C J K m nior y C7 y.:\`� `----- --»ter.__- ------- -------------------------------J PROJECT SUMMARY: W.WARNERAVENUE I 1 BUILDING AREA: 1,143 S.F. PARKING PROVIDED: 3 LOE T'4 17-WGS.F.=B,402AG SITE PLAN - -= - FUEL S ELECTRIC VEHICLE CHARGING STATION "'+ .w� exAvcn.eim a :'-G,�."_� - BPoSTOL ST.i WAANfl1AVE Wawaavx.wc 6Aw1A u�lG 2U21 AiW wr4.mhvew ®wI.oe,e nw.wt ta�vnrun..r.o. `....a Example Electric Vehicle Charging Stations: Given the rapidly expanding Electric Vehicle market, the following Charging Stations are designed for implementation within Retail Developments with rapid charging needs. ChargePoint and EVGo are market leaders in the Electric Vehicle Charging Station market. ;i ChargePoint Express 250 Station EVGo Station — Fuel Station Charging Module 13 City Council 9 12/21/2021 Public Works Agency www.santa-ana.org/pw Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Approve Purchase and Sale Agreement with Life Cycle Management AGENDA TITLE Authorize Budget Reallocation and Approve Purchase and Sale Agreement with Life Cycle Management for 1725 N Bristol Street (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a purchase and sale agreement with Life Cycle Management, LLC, for the purchase of real property located at 1725 N Bristol Street (APN 399-085-22), in the amount of $127,700, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the reallocation of unspent OCTA Bristol Street Corridor Improvements funds in the amount of $40,864 from Bristol St Corridor Improvements Project (No. 11-6741) to Bristol Street Corridor General ROW Project (No. 17-6887) to complete the funding for the purchase of real property located at APN 399-085-22. DISCUSSION On March 5, 2019, the City Council authorized for disposition of various City -owned properties via the Request for Proposals (RFP) process and direct negotiations for sites with substandard lot conformity. On April 2, 2019, the City issued Request for Proposals (RFP) 19-026 that solicited the sale and development of various combined properties with existing residential, commercial, and professional office zoning designations. On November 19, 2019, the City Council approved Purchase and Sale Agreements to activate various City -owned vacant properties, and generate over $2 million in revenue generating developments and new sales tax revenues with increased property tax rolls and additional utility user taxes collected on an annual basis in perpetuity. Included in this transaction was for the sale of Parcel ID R1 at APN 399-085-22 to IAS Management (now Life Cycle Management, LLC) in the amount of $127,700. The property identified as R1 was solicited as Residential zoning in aforementioned RFP, as was originally intended by a previous directive to re -zone the location from Open Space designation to Residential. However, after further consideration and consistency with the City's General Plan, the City is in the position to buy back the property to retain Open Space zoning designation, as the current owner cannot develop the land as intended. City Council 26 — 1 12/21/2021 Purchase and Sale Agreement — 1725 N. Bristol St. December 21, 2021 Page 2 This site will be developed in accordance with the Bristol Corridor Specific Plan as part of future Bristol Street improvements north of 17t" Street. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the reallocation of unspent OCTA Bristol Street Corridor Improvement funds in the amount of $40,864 will be available in the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account (No. 05917661- 66220). The remaining funds in the amount of $86,836 to fully fund the total expenditure of $127,700 are in the Measure M Street Construction Fund (Account No. 03201001- 20215). Accounting Unit - Accounting Unit Fiscal Year Account No. Fund Description - Account No. Amount Description Current Available Funding Measure M2 Measure M Local Fairshare, 2021-2022 03201001-20215 Street Due To Other $86,836 Construction Agencies OCTA Project Budget Reallocation OCTA Bristol 05917661-66220 Street Corridor 2021-2022 (From Proj. 11-6741 Select Street Improvement,C $40,864 To Proj. 17-6887) Construction Improvements Other Than Building TOTAL: $127,700 EXHIBIT(S) 1. Location Map 2. Purchase and Sale Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 26 — 2 12/21/2021 EXHIBIT 1 r� rjj I FC7,FNn EXISTING PROPERTY LINE COMBINED PARCEL Q 0 0 fr D LL F16 N. BRIS L ST. 405-2 -22 1601 N. BRISTOL ST. / 405-252-21 -A PARCEL Cl �Z unc EXHIBIT 1 7 F= W- car: - -- - W cr) I Z O Q �I z 0 m2235 S. ISTOL ST. 1 1 W. WA ER AVE. Q 15-194-40 015 94-37 I FC7,FNn EXISTING PROPERTY LINE COMBINED PARCEL WARNER AVENUE PARCEL C6 unc EXHIBIT 1 4TH STREET 3RD STREET 114 I F( '7,FNF) EXISTING PROPERTY LINE COMBINED PARCEL PARCEL C7"� unc EXHIBIT 1 3RD STREET 2ND STREET EXISTING PARCEL C9 PROPERTY LINE COMBINED PARCEL unc EXHIBIT 1 I FC7,FNn EXISTING PROPERTY LINE COMBINED PARCEL I v Council 18TH STREET Q O Of w LL PARCEL R1 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 2 0 21 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Life Cycle Management, LLC, a Delaware Limited Liability Company (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property") legally described as follows: SEE EXHIBIT "A" _ Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1725 N. Bristol Street, Santa Ana, CA) (APN# 399-085-22) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of One HUNDRED TWENTY SEVEN THOUSAND SEVEN - HUNDRED DOLLARS ($127,700) insuring the title of the City to Said Real Properties are free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, City Council 26 — 8 12/21/2021 limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. City Council 26 — 9 12/21/2021 All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of ONE HUNDRED TWENTY SEVEN THOUSAND SEVEN -HUNDRED DOLLARS ($127,700). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of Said Real Property to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed (Exhibit "B") conveying said portion of Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three (3) days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14)days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/365-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to City Council 26 — 10 12/21/2021 hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment (improvements pertaining to realty), goodwill (if any), and severance damages. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the previsions of the California Civil Code Section 1542, which provides as follows" City Council 26 — 11 12/21/2021 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if know by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal or similar effect. This acknowledgement and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 25 Brookline Aliso Viejo, CA 92656. 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable City Council 26 — 12 12/21/2021 federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. City Council 26 — 13 12/21/2021 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. City Council 26 — 14 12/21/2021 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: c� Date: C Life Cycle ManaylVnent City/Buyer City of Santa Ana Date: Kristine Ridge City Manager ATTEST: Date: Daisy Gomez City Clerk APPROVED AS TO FORM: Date: Jo n M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: Nabil Saba Executive Director Public Works Agency 12-8-21 City Council 26 — 15 12/21/2021 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described in the following exhibit A & B: [attached behind this page] City Council 26 — 16 12/21/2021 ■ LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described in the following exhibit A & B: [attached behind this page] City Council 26 — 17 12/21/2021 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THAT PORTION OF LOT 25 TRACT MAP NO. 1572 AS PER THE MAP FILED IN BOOK 48, PAGE 16 OF MISCELLANEOUS MAPS, OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF LOT 25 GRANTED IN FEE FOR PUBLIC STREET PURPOSES RECORDED AS INSTRUMENT NUMBER Zola ono -" $ (3 _ , OFFICIAL RECORDS OF SAID COUNTY. CONTAINING AN APPROXIMATE AREA OF 4,521 SQUARE FEET. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND ANY OTHER RIGHTS OF RECORD. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION: CHRYSOSTOMO, L.S. 9216 1I/o/)` DA PAGE 1 OF 1 City Council 26 — 18 12/21/2021 EXIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION EIGHTEENTH STREET L-------------------------------------- (N 89049' 50" E ) to L1 ----7L2 I (40') W Uj of co U' I 64.00' 1 .J cv— PARALLEL I p _o I I L N (40') C.� I i PARCEL LIMITS F'iiIiTIO„ I...OT 25 L4 M J I.: PUBLIC STREET R/W PER INST. N0.2019 0PQ � 1i6 3 6 3 ( } = TRACT MAP 1572, M.M. 48/16. L1 = N 45° 16' 56" 16.00' L2 = N 890 49' 50" 2S.75' L3 = N 00° 30' 10" E, 120.02' L4 = S 890 51' 40" ''!, 38.42' RIGHT OF WAY IS BASED ON CITY OF SANTA ANA BR I STOL STREET I MPROV'- ��IENT PLANS 06-1500. W J Q U N 0 z PAGE 1 OF 1 City Council 26 — 19 12/21/2021 EXHIBIT "B" GRANT DEED (TO BE EXECUTED) [attached behind this page] City Council 26 — 20 12/21/2021 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, 27383. USE SPACE ABOVE THIS LINE FOR RECORDER'S TAXES APPROVED AS TO APPROVED BY I DESCRIPTION DISCRIPTION I A.P. I R/W MAP I PARCEL FORM BY ATTY. DIRCTOR WRITTEN BY CHECKED O.K. I NUMBER NUMBER NUMBER 399-085-22 R1 DEED NUMBER 1725 N. BRISTOL STREET 8739 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Life Cycle Management, LLC, a Delaware Limited Liability Company hereby GRANT(s) to: The CITY OF SANTA ANA, a Charter City and Municipal Corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: Dated Dated See Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B" attached hereto reference only. By: Kristine Ridge City Manager, City of Santa Ana Attested by: By: Daisy Gomez City Clerk, City of Santa Ana City Council 26 — 21 12/21/2021 EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of there instructions, amendments thereto, closing statements and/or any other documents deposited in this e, :row to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved ii� this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you st. !I have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, jud jments and expenses, including reasonable attorney's fees, suffered or incurred by you in connec! n v:th, or arising out of this escrow, including, but without limiting the generality of the foregoi; , j, a s- .:in is ,terpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully relc:,:ed and discharged from all obligations imposed upon you in this escrow. If for any reason funds arc retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as cus.cdian Cu:rec`of not less than $10.00 per month. Time is declared to be the csscnce of these instructions. If you are unable to comply within the time specified herein and such add !!on,! time as is required to make an examination of the official records, you will return all documents, : or. y or property to the party entitled thereto upon satisfactory written demand and authorizati m. Ar, , arr.:ndment of and/or supplement to any instructions must be in writing. The seller agrees to se!! :.:nc! !!. ` 1 iy x agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independent[, s! a!I h . c t"e same effect as if it were the original, and all of which taken together shall constitute one an ' :he s :., i�- struction. City Council 26 — 22 12/21/2021 Public Works Agency www.santa-ana.org/pw Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Agreements for Grant Writing Services AGENDA TITLE Authorize a Budget Reallocation of $125,000 and Approve an Agreement with Mark Thomas for Grant Writing Services in an Amount Not to Exceed $250,000 for a Three - Year Term (Project No. 22-6899) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the reallocation of $125,000 in unspent Measure M2 Local Fairshare funds, $61,230 from Project Development FY 19/20 (Project No. 20-6899), $13,594 from Project Development FY 20/21 (Project No. 21-6899), and $50,176 from the Right Of Way Management Project (Project No. 22-6900) to Project Development FY 21/22 (Project No. 22-6899) to complete the funding needed for the grant writing services agreement. 2. Authorize the City Manager to execute an agreement with Mark Thomas & Company, Inc. to provide grant writing services for the Santa Ana Grade Separation project in the amount of $186,648, with a contingency of $63,314, for a total amount of $250,000, for a three-year term beginning December 21, 2021, and expiring December 20, 2024, with an option for two, one-year extensions, subject non - substantive changes approved by the City Manager and City Attorney DISCUSSION On September 27, 2021, the Public Works Agency released Request for Proposal (RFP) No. 21-111, by which it sought the services of a professional engineering firm to provide grant writing services for the Public Works Agency. The consulting firm will lead efforts to develop a funding plan and successfully apply for appropriate grants for the Santa Ana Boulevard Grade Separation project at the Los Angeles -San Diego -San Luis Obispo (LOSSAN) Rail Corridor crossing (Exhibit 1). The RFP was advertised on the City's online procurement management and publication system, with Proposals due on October 26, 2021. Four proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: City Council 27-1 12/21/2021 Agreement with Mark Thomas for Grant Writing Services December 21, 2021 Page 2 Firm City Rank Mark Thomas Irvine 1 Blais & Associates LLC Irvine 2 Engineering Solutions Services, LLC Laguna Hills 3 Staff recommends awarding an agreement (Exhibit 2) to Mark Thomas to provide grant writing services based upon the scope of work and selection criteria outlined in RFP 21- 111. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm's rates are reasonable and within industry standards, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in the current Fiscal Year 2021-22. The reallocation of $125,000 in unspent Measure M2 Local Fairshare funds will make them available to fully fund the total costs of the agreement. The following table summarizes the funds budgeted to fund the grant writing services of $250,000 per the agreement. Since the scope of work is contingent on the schedule of future grant applications prepared and submitted, any remaining balances not expended at the end of the agreement term will be carried forward for expenditure into FY 2024-25 and FY 2025-26 in the event the optional extension periods are exercised. Accounting Unit - Accounting Unit Fiscal Year Account No. Fund Description - Account No. Amount Description Current Project Budget Measure M2 03217662-66220 Measure M Local Fairshare, 2021-2022 (Proj.22-6899) Street Improvements $125,000 Construction Other Than Building Project Budget Reallocation Measure M2 03217662-66220 Measure M Local Fairshare, 2021-2022 (From Proj. 20-6899 Street Improvements $61,230 To Proj. 22-6899) Construction Other Than Building City Council 27 — 2 12/21/2021 Agreement with Mark Thomas for Grant Writing Services December 21, 2021 Page 3 Measure M2 03217662-66220 Measure M Local Fairshare, 2021-2022 (From Proj 21-6899 Street Improvements $13,594 To Proj. 22-6899) Construction Other Than Building Measure M2 03217662-66220 Measure M Local Fairshare, 2021-22 (From Proj 22-6900 Street Improvements $50,176 To Proj. 22-6899) Construction Other Than Building TOTAL: $250,000 EXHIBIT(S) 1. Location Map 2. Agreement with Mark Thomas Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 27 — 3 12/21/2021 rz low d, .?m ik m ► `: rahi* r. 70 :. _ to 7 E Santa:Ana.6lvd'. - --- po TA, ESla-Oord,5t i ° i,`r •� a �„ , F Stafford St l a lost ,:e j�` � �. , aged + ,� ► • �" � :ru s E fruit St F Fruit St ! rr, . Iv r . r r Z .F AM iA �• . Santa An FKtrali • q - �+ 1 AGREEMENT TO PROVIDE GRANT WRITING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of December, 2021 by and between Mark Thomas & Company, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Consultant may be collectively referred to as the "Parties" or individually as a "Party." RECITALS A. On September 27, 2021 the city issued Request for Proposal No. 21-111, by which it sought a consultant having special skill and knowledge in the field of grant writing services for the Santa Ana Boulevard grade separation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 21-111, which is attached as Exhibit A, and as more specifically delineated in Consultant's revised scope, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed the amount of two hundred fifty thousand dollars and zero cents ($250,000) during the term of the Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. CU Council 27 — 5 12121Y�021 of 8 Non -Fed ,ding (6.1.2020) 3. TERM This Agreement shall commence on the date first written above and terminate on December 20, 2024, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) 1-year periods upon a writing executed by the City Manager and 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 services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. 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. CU Council 27 — 6 12/21P2024 of 8 Non -Fed unding (6.1.2020) 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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. CU Council 27 — 7 12/21P2024 of 8 Non -Fed ,ding (6.1.2020) V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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 2782.81 to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 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 CU Council 27 — 8 12/21)' !024 of 8 Non -Fed ,ding (6.1.2020) charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms CU Council 27 — 9 12/21Y' 021 of 8 Non -Fed unding (6.1.2020) of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or CU Council 27 — 10 12/21Y' 024 of 8 Non -Fed unding (6.1.2020) arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 CU Council 27 — 11 12121Y�021 of 8 Non -Fed nding (6.1.2020) To Consultant: Darin Johnson, PE Mark Thomas 2121 Alton Parkway, Suite 210 Irvine, CA 92606 A Party may change its address by giving notice in writing to the other Party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bran on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: / 4ZZ--X- Cam - � ,_ Darin Johnson Principal Engineer CU Council 27 — 12 12121Y�02$ of 8 Non -Fed unding (6.1.2020) EXHIBIT A City Council 27 — 13 12/21/2021 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GRANT WRITING SERVICES FOR SANTA ANA BOULEVARD GRADE SEPARATION RFP NO.21-111 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana Public Works Agency (City) desires to enter into an agreement with a qualified consulting firm to lead efforts to develop a funding plan and successfully apply for appropriate grants for the Santa Ana Boulevard Grade Separation project at the LOSSAN Corridor crossing (referred to from hereon as "PROJECT"). The proposed grade separation is adjacent to the Santa Ana Regional Transportation Center (SARTC). The selected consultant will be required to perform the following major tasks: • PROJECT Management & Administration: o Meetings o Monthly reports o Other areas support • Grant Funding and Stakeholder Partnerships o Funding needs analysis o Grant funding research ■ Develop grant proposals and secure funding for various PROJECT phases: • Update environmental documents and preliminary engineering • Perform final design • Right-of-way Acquisition and Relocation • Construction technical support ■ Cost benefit analysis o Lead efforts to obtain support and financial contributions from PROJECT stakeholders and impacted railroad companies. PROJECT BACKGROUND The proposed grade separation at Santa Ana Boulevard is in conjunction with the City's Santa Ana Regional Transportation Center (SARTC) Master Plan located at 1100 East Santa Ana Boulevard, which entails new station areas, additional parking and improved City Council City of Santa Ana PFP_44111 12/21 /2021 Page Al -1 pedestrian and bicycle access to accommodate the expansion of Metrolink services, OC Streetcar Project and the addition of the Bus Rapid Transit (BRT). Santa Ana Boulevard is a six -lane east -west principal arterial and currently carries in excess of 20,000 vehicles per day. Within the City, OCTA Metrolink RR is a north -south two - track railroad. At SARTC, this railroad serves Metrolink, Amtrak, Union Pacific (UP) and Burlington Northern Santa Fe (BNSF), which connects freight and residents of central Orange County with the outlying areas of nearby regions, including Los Angeles, Inland Empire, San Diego and beyond. Due to increasing demand for inter and intra-county rail services resulting from growth in population and employment in the surrounding areas, the City proposes the grade separation to alleviate the current and potential traffic impacts and hazards posed by the existing at -grade rail crossing at Santa Ana Boulevard and OCTA Metrolink RR. Based on approved environmental documents and PSRE, the proposed PROJECT will depress Santa Ana Boulevard under the railroad tracks to provide uninterrupted flow of roadway and rail traffic, which will improve freight movement, corridor crossing safety, and air quality. In 2014, preparation of a Project Report and Environmental Analysis (Attachment 4) were completed. These efforts were based on the existing conditions at the time; however, with the implementation of the OC Streetcar and recent development activities, along with changes in regulatory requirements, additional analysis will be required to accommodate these changes. CONSULTANT SERVICES The City is seeking to contract with a qualified individual or firm that specializes in grant writing and grant administration. The selected individual or firm shall be expected to expeditiously perform the necessary services required under this Request for Proposal and must have the capacity to handle multiple grant applications concurrently. A funding plan will be required with detailed information about the programs, purpose, agencies, timeline, requirements, restrictions, match fund strategies and any pertinent information. Part 1— Overall Project Management and Administration The Consultant shall provide the City support during the life of the grant funded PROJECT at all phases such as environmental, design, right-of-way, construction, and PROJECT completion, as it relates to the grant funding. • Meetings — Meetings shall occur as needed or as determined by the City and shall be held at the City of Santa Ana or by Teleconference. The Consultant shall prepare and send out the agenda and any necessary communication documents a minimum of five (5) business days in advance, prepare and distribute meeting minutes, new action/decision items and disposition of previous action/decision items and other communication documents within five (5) business days after the meeting to all City Council City of Santa Ana PFP-45111 12/21/2021 Page Al -2 attendees and invitees. The Consultant shall identify any additional meetings, including agency coordination and technical workshop meetings, as deemed necessary. • Monthly Reports — Monthly reports shall be submitted to the City summarizing the amount of time expended and describe activities undertaken during the previous month. • Other Areas Support — In additional to the areas abovementioned other areas may also be identified throughout the duration of this contract. Part 2 — Grant Funding and Stakeholder Partnerships Based on OCTA'S Nomination application for Section 190 Grade Separation Priority List (attachment x), the estimated cost for the PROJECT is just over $100 million. The City's goal is for the financing of the PROJECT to be mainly comprised of grant funding available from programs at various levels. Potential funding sources include but are not limited to the following: • Section 190 and Railroad Cost Share • Local Partnership Program (LPP) • Transit and Intercity Rail Capital Program (TIRCP) • Affordable Housing and Sustainable Communities (AHSC) • Solutions for Congested Corridors Program (SCCP) • Trade Corridor Enhancement Program (TCEP) • Better Utilizing Investments to Leverage Development (BUILD) • Consolidated Rail Infrastructure and Safety Improvements Program (CRISI) • Infrastructure for Rebuilding America (INFRA) • Active Transportation Program (ATP) • Active Transportation Program SB-1 Augmentation (ATP SB-1) • Affordable Housing and Sustainable Communities (AHSC) • Congestion Management and Air Quality (CMAQ) • Road Maintenance and Rehabilitation Account (RMRA SB-1) The Consultant is responsible to research, coordinate and identify the available funding sources. A detailed funding plan will be required with detailed information about the programs, purpose, agencies, timeline, requirements, match fund strategies and any pertinent information and the following, but not limited to: • Funding Needs Analysis/Funding Plan — Consultant shall analyze existing project documents to assess the funding needs of the PROJECT. Work with City staff to assess the validity of the current funding opportunities, and identify new priority areas for funding. City Council City of Santa Ana ff P-46111 12/21 /2021 Page Al -3 Grant Funding Research — Conduct research to identify grant resources including, but not limited to Federal, State, County, agencies, and organizations available at all levels, that target elements of the PROJECT' S scope, funding needs, and priorities (emphasizing grants which require no "matching" funds), including but not limited to: o Grant Proposal Development — Compile, write, and edit grant applications and required documents on behalf of the City, including the preparation of funding abstracts and production, and submittal of applications to funding sources, keep in contact with funding sources during review and after approval, and provide supporting material to all requests from funding sources. o Cost Benefit Analysis — A detailed cost -benefit analysis shall be prepared as a submittal requirement for the grant programs as requested by the City. • Stakeholder Partnerships — Strong partnerships between the City and key project stakeholders will tremendously strengthen grant applications. The consultant shall lead efforts to foster partnerships between stakeholders including but not limited to: o Orange County Transportation Authority (OCTA) o County of Orange o Caltrans o Railroad Agencies that use this corridor and will benefit from the improvements. o Private Developers Successful proposers will demonstrate a history of fostering relationships that lead to successfully obtaining grant funding. • Key Deliverables o Funding Needs Analysis/Funding Plan o Various Grant Application Submittals (Up to 4) o Cost Benefit Analysis o Stakeholder Coordination Efforts CONSULTANT FEE: Fee shall be prepared in accordance with tasks outlined in the introduction for up to four (4) grants. Optional cost for additional grants should be included as well. City Council City of Santa Ana ff P_47111 12/21 /2021 Page Al-4 EXHIBIT B City Council 27 — 18 12/21/2021 REVISED SCOPE OF QERVICES AND SCHEDUF =- Mark Thomas has developed the following scope of services based upon the City's RFP and our experience preparing grant applications. We have structured our scope of work differently than the RFP. We have separated grant application development and benefit cost analyses (BCAs) from Part 2 into Part 3. We have also included a list of optional tasks, Part 4, we believe to be beneficial to securing state and federal funding. SCOPE OF SERVICES PART )VERALL PROJECT MANAGEMENT AND ADMINISTRATION 1.1 Project Management The Mark Thomas Project Manager (PM), Ryan Bissegger, will communicate directly with the City, and manage the internal project team for project delivery. The project status will be reviewed regularly to ensure key milestones are satisfied. This task will also include internal coordination efforts. 1.2 Meetings Mark Thomas has included a kick-off meeting, PM status meetings, and funding plan workshop. All meetings will be held at City offices or via videoconference. We will prepare and send out the agenda and necessary information five (5) business days in advance of the meeting. We will prepare and distribute meeting minutes, action items, and other communication documents within five (5) days after the meeting to all attendees and invitees. Kick-off Meeting: Mark Thomas will organize and facilitate a kickoff meeting with City staff to discuss the project goals, background, milestones, and anticipated grant pursuits. The kickoff meeting provides an opportunity for Mark Thomas staff to listen to the needs of the City and to visualize key deliverables and determine how to best serve the agency. Kickoff meeting notes will be recorded and delivered promptly after the meeting. PM Status Meetings: During the first five months of the project, we propose monthly PM status meetings via a Mark Thomas provided videoconference link (likely using Microsoft Teams software utilized by Mark Thomas). This approach ensures regular and consistent communication on priority tasks and focus on key deliverables to satisfy City needs. Participation in the PM status meetings is anticipated to include the City's designated PM and the Mark Thomas PM. We have budgeted five PM status meetings during the first six months where key project decisions will be made, and the funding plan identified. 1.3 Monthly Reports Mark Thomas will prepare invoicing and monthly reports to be submitted to the City. The monthly report will summarize the time expended and describe activities undertaken during the previous month. We assume the duration of this project is approximately 36 months. 1.4 Other Areas of Support (Management Contingency) We recognize additional tasks may become apparent as needed and seek to provide flexibility in the Task 2 assignments and budget. For example, presentations to executive or elected officials may be needed to advance the project and secure direction for action items. Mark Thomas will provide other areas of support not mentioned above that may be identified throughout the duration of the contract with a dedicated budget not to exceed $2,000. DELIVERABLE, • Meeting Agendas • Meeting Minutes • Monthly Reports and Invoices GRANT WF"c". it S - SAGS THOMAS City of Santa Ana Scope of Works PART 2 — GRANT FUNDING AND STAKEHOLDER PARTNERSHIPS 2.1 Funding Needs Analysis/Funding Plan Mark Thomas will analyze the existing SAGS project documents to assess the project funding needs and opportunities. A funding plan will be developed to include information about potential programs and purpose. The plan will include a grant funding resource table as described in Task 2.2 and the funding plan workshop described in Task 2.3. We will also develop matching fund strategies. We will work with City staff to assess the validity of the current funding opportunities and identify new priority areas for funding. We will also prepare a project fact sheet for SAGS. The fact sheet will include: • Project Information: Project name, location, brief scope, schedule, funding needs, project outputs, and project benefits/outcomes. • Location Map: Map showing project limits and typical roadway cross section graphic. • Funding Programs: List of applicable funding programs such as local funds, Senate Bill 1 programs, and federal discretionary grants. • Community Benefit: Identification of the benefit to the community based on key project features. • Public Input: Brief description of public input received for the project. 2.2 Grant Funding Research Mark Thomas will conduct research to identify grant resources available with federal, state, regional agencies, and organizations. We will review funding programs for other grade separation projects, including those delivered by Alameda Corridor East Construction Authority. The funding research will target elements of the SAGS project scope, funding needs, and priorities. This evaluation and analysis will be documented in a grant funding resource table that will include funding program, eligible SAGS components, dates of next funding opportunity, match requirements, and estimated success probability. The research will be summarized in the Funding Needs Analysis/Funding Plan. 2.3 Funding Plan Workshop Mark Thomas will organize and facilitate a funding plan workshop to review the Funding Needs Analysis/Funding Plan draft. We will work with the City to identify meeting attendees from project stakeholders, as necessary. In addition to reviewing the draft funding plan, we will discuss the merits of the grant programs, any additional funding opportunities not considered, grants applications to pursue, and additional action items. The results from this workshop will be documented in a memorandum. 2.4 Stakeholder Partnerships Mark Thomas will work with the City to identify a list of potential stakeholder partners that can assist in strengthening the project's grant funding efforts. We will coordinate with these stakeholders to gauge their interest in supporting the City grade separation project and provide the agencies/companies with the project fact sheet and supplemental and supporting information, as appropriate. Potential partners may include OCTA, SCAG, Metrolink, CPUC, as well as organizations focused on goods movement, transit, and transportation safety. We will keep a contact log of stakeholders, contact names and information, dates contacted, and information requested or shared. DELIVERABLES • Funding Needs Analysis/Funding Plan • Funding Plan Workshop Memo • Stakeholder Partnership Contact Log PART 3 — FUNDING APPLICATIONS Grant funding applications can vary widely based upon the various program requirements. In general, all applications will include the preparation of grant narratives, maps and exhibits, and letters of support. Funding applications complexity can vary based on the number of questions, length of narratives, graphics needs, benefit cost analyses (BCAs), modeling, etc. Our proposed approach is to scope the preparation of up to four (4) grant funding applications. This includes the preparation of the required BCA models and performance measures. We have made assumptions of the grant applications to be prepared. The exact four (4) applications to be prepared will be determined in Part 2 in coordination with City staff. GRANT W S - SAGS THOMAS City of Santa Ana Scope of Works 3.1 Grant Application 1 Grant Application 1 is assumed to be a Trade Corridor Enhancement Program (TCEP) application. Mark Thomas will prepare the grant application adhering to the California Transportation Commission (CTC) established guidelines. We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. Fehr & Peers will use the Orange County Transportation Analysis Model (OCTAM) to develop the performance measures needed for the BCA and the TCEP- specific performance measures. Fehr & Peers will estimate the performance metrics and analysis for opening year and 20-year horizon, with and without project. Mark Thomas will prepare a Cal-B/C modeling using the Corridor module and applicable performance measures, crash history, and project costs. A memorandum will be prepared documenting the inputs and results. 3.2 Grant Application 2 Grant Application 2 is assumed to be a Consolidated Rail Infrastructure and Safety Improvement (CRISI) federal discretionary program application. Mark Thomas will prepare the grant application adhering to the US Department of Transportation (USDOT) established Notice of Funding Opportunity (NOFO). We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. EPS will prepare a BCA following the 2021 USDOT Benefit -Cost Analysis Guidance for Discretionary Grant Programs. EPS will use the performance measures developed by Fehr & Peers in Task 3.1 as inputs in the BCA. The firm will also prepare a BCA memorandum documenting the inputs and results. 3.3 Grant Application 3 Grant Application 3 is assumed to be an Active Transportation Program (ATP) grant. Mark Thomas will prepare the grant application adhering to the CTC guidelines. We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. 3.4 Grant Application 4 Grant Application 4 is assumed to be a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) federal discretionary program application. Mark Thomas will prepare the grant application adhering to the USDOT established NOFO. We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. EPS will update the previously prepared BCA following the 2021 USDOT Benefit -Cost Analysis Guidance for Discretionary Grant Programs and memorandum developed in Task 3.2. DELIVERABLES • Up to four (4) Grant Funding Applications • Benefit Cost Analyses PART 4 - OPTIONAL TASKS We have identified the following optional tasks that may be included in the contract. These tasks will support the grant funding efforts by enhancing the data in grant applications and improving stakeholder engagement. 4.1 Job Creation Analysis EPS will prepare an economic job creation analysis for the project. The economic analysis will use IMPLAN to determine the direct and indirect jobs anticipated from project construction spending. EPS will develop an economic output memorandum of their findings. 4.2 Fly -Through Video and Static Images Mark Thomas will develop a fly -through video for the SAGS project for the purposes of visualizing and communicating the project benefits to the public, and/or to City Council, as -needed. We will develop up to three (3) three-dimensional (3D) images or renderings as well from the fly -through video using Twinmotion software. The video fly -through and graphics will be used support stakeholder engagement and funding efforts. 4.3 Funding Policy Support Memos Mark Thomas will prepare up to four (4) memorandums for the project to support state and federal funding efforts. These memorandums will address recent policy including transportation equity, environmental sustainahility environmental justice and harriers to opportunity_ The funding, n� Ly GRANT W S S - SAGS 27 — 21 2/2 A < THOMAS City of Santa Ana Scope of Works memorandums will be used to inform grant application efforts and can be used as appendices to the grant applications. 4.4 Value Engineering Mark Thomas will provide value engineering (VE) the project. The VE study will involve conducting a thorough review of the project, including the Project Study Report Equivalent (PSRE) and preliminary design and brainstorming and evaluating possible improvement opportunities. We will utilize in-house staff to provide a "fresh set of eyes" to review plans and search for opportunities to reduce overall project costs and right of way (ROW) needs while meeting the goals of the project and without impacting the environmental clearance. 4.5 Updated Cost Estimate It is critical to ensure the project costs are accurate and current while pursuing funding. Mark Thomas will review the project cost estimate and evaluate the unit costs in comparison to recent project bid data as well as ROW cost estimates. PROJECT SCHEDULE Mark Thomas has developed a project schedule that will position the City to pursue funding opportunities as early as Spring 2022. This requires aggressively completing the funding plan and identifying grants to pursue in the near -term. We have assumed a Notice to Proceed (NTP) date of December 22, 2021 following the December 21, 2021 City Council Meeting. We will begin immediately reviewing the design and identifying funding opportunities. A Kick -Off meeting will be scheduled for the first week in January 2022. The draft of the Funding Needs Analysis/Funding Plan will be delivered by February 11, 2022. The funding workshop will be scheduled for the week of February 21, 2022. Following the workshop, the Funding Needs Analysis/Funding Plan will be revised and delivered by April 1, 2022. Separate task orders can be initiated for the development of specific grant applications and BCAs in March 2022 following the selection of the grant opportunities at the funding workshop. Stakeholder coordination efforts will begin by January 17, 2022. The bulk of this effort will be on going through May 27, 2022. If the City desires to execute any of the optional tasks, specific delivery schedules can be prepared as needed. It will be critical that all optional tasks performed be completed prior to the submission of the first grant application. The schedule chart below depicts the first six months of the project, which are the most critical to establishing the funding approach. PART 1 NTP Overall Project Management and Administration KICK-OFF PM MEETING MEETING PM MEETING PM MEETING PM MEETING PART 2 DRAFT FUNDING PLAN Funding Needs Analysis FUNDING FINAL FUNDING PLAN Funding Plan WORKSHOP STAKEHOLDER PARTNERSHIP PART 3 IDENTIFY GRANTS TO PURSUE Funding Applications PREPARE GRANTAPPLICATIONS PART 4 Optional Tasks AL - _ COMPLETE OPTIONAL TASKS AS DIRECTED GRANT W S S - SAGS — 22 1212 A < THOMAS City of Santa Ana Scope of Works EXHIBIT C City Council 27 — 23 12/21/2021 COST PROPOSAL FOR PROJECT SCOPE: Santa Ana -Grant Writing Services (SAGS) ►1 MARKL THOMAS Subconsultants TOTAL COST qp _ a, a = M uw = L of $368 � dA (0 = 41 a L to $270 •O (6 I CU H L of $270 L w ao W .O a $173 _ L N a, a=-o W UC � o $147 _ L = = @ a $130 _ ; r 3 a 0 L V to Q $165 ,, o = -0 a o L O cn U $154 L G! fC M = M a a L 0 L $187 L Gl = c a i l7 L v) $165 L y _ �,D a, �_ i C L C7 $143 Total Hours Total MT Cost d W - v �a W s QJ LL OVERALL PROJECT MANAGEMENT & 1.0 ADMINISTRATION 1.1 Project Management 8 8 16 $3,392 - - $3,392 1.2 Meetings 2 20 2 24 $6,430 - - $6,430 1.3 Monthly Reports 20 30 56 106 $18,974 - - $18,974 Other Areas of Support (Management 1.4 Contingency) 6 2 8 $1,914 - - $1,914 Subtotal Phase 1 2 54 0 0 4 0 30 64 0 0 0 154 $30,710 $0 $0 $30,710 GRANT FUNDING & STAKEHOLDER 2.0 PARTNERSHIPS 2.1 Funding Needs Analysis/Funding Plan 20 40 60 $11,280 - - $11,280 2.2 Grant Funding Research 10 10 20 $4,170 - - $4,170 2.3 Funding Plan Workshop 4 4 8 $1,668 - - $1,668 2.4 Stakeholder Partnerships 16 30 6 52 $14,870 - - $14,870 Subtotal Phase 2 16 64 0 0 60 0 0 01 0 0 01 140 $31,988 $0 $0 $31,988 3.0 FUNDING APPLICATIONS 3.1 Grant Proposal Development 0 $0 - - $0 3.1.1 Grant Application 1 30 104 15 149 $25,863 5,000 $30,863 3.1.2 Grant Application 2 20 55 10 85 $15,135 23,000 - $38,135 3.1.3 Grant Application 3 15 40 60 15 130 $20,205 - - $20,205 3.1.4 Grant Application 4 20 19 38 9 86 $14,618 2,000 - $16,618 Subtotal Phase 3 0 85 0 0 218 98 0 0 0 49 0 450 $75,821 $25,000 $5,000 $105,821 TOTAL HOURS 1 181 2031 01 01 2821 981 301 641 01 491 01 744 Anticipated Salary Increases (4% per year) I I I I I I I I I I $18,1291 $01 $01 $18,129 OTHER DIRECT COSTS I I I I I I I I I $01 $01 $01 $0 TOTAL COST $6,624 $54,810 $0 $0 $41,4541 $12,740 $4,950 $9,856 $0 $8,085 $0 1 $156,648 $25,000 $5,000 $186,648 4.0 OPTIONAL TASKS 4.1 Job Creation Analysis 0 $0 5,000 $5,000 4.2 Fly -Through Video & Static Images 2 20 12 20 50 104 $16,694 - - $16,694 4.3 Funding Policy Support Memos 4 14 68 1 86 $11,978 - - $11,978 4.4 Value Engineering 15 32 34 81 $20,042 - - $20,042 4.5 Updated Cost Estimate 6 12 24 42 $9,600 - - $9,600 Subtotal Optional Tasks 211 61 44F 78 14 681 0 0 12 20 50 313 $58,314 $5,000 $0 $63,314 TOTAL HOURS - OPTIONAL I 211 61 441 781 141 681 01 01 121 201 .501 313 OTHER DIRECT COSTS - OPTIONAL I I I I I I I I I I I I 1 $0 $0 $0 $0 TOTAL COST - OPTIONAL 1 $7,7281 $1,6201 $11,8801 $13,4941 $2,0581 $8,8401 $01 $01 $2,2441 $3,3001 $7,150 1 $58,314 $5,0001 $0 $63,314 iilipli'liy'll   City Council  27 – 24 12/21 /2021   Public Works Agency www.santa-ana.org/pw Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Agreement Amendment for Cost Allocation Plans AGENDA TITLE Amend Agreement with MGT of America Consulting, LLC to Increase Compensation by $200,000 for Cost Allocation Plan Preparation (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with MGT of America Consulting, LLC for preparation of Code of Federal Regulations Part 200 compliant Cost Allocation Plans necessary for state and federal grant reimbursement, increasing the compensation by $200,000, which includes a $50,000 contingency, for a total agreement amount of $250,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency funds its Capital Improvement Program almost exclusively through state and federal grants. Although this strategy reduces the reliance on the General Fund, it the puts the City and the Public Works Agency under scrutiny to ensure that policies, procedures, and internal controls meet the stringent federal guidelines set forth in the Code of Federal Regulations Part 200 (CFR 200), also referred to as "uniform guidance" requirements. In May 2018, at the end of a Request for Proposals process, the City entered into an agreement with MGT of America Consulting, LLC (previously MGT of America, Inc.), in the amount of $167,008, to prepare annual cost allocations compliant with CFR 200 requirements. The agreement term was for three years with an option for two one-year extensions and covered submittals for Fiscal Years 2016-17 through 2018-19. In January 2021, the California Department of Transportation completed an Incurred Cost audit for the City of Santa Ana, which required the Public Works Agency to prepare and submit additional cost plans for Fiscal Years 2013-14 through 2015-16, 2019-20, and 2020-21. Before approved agreement extensions could be exercised, the agreement with MGT expired, suspending the consultant's work and leaving $107,509 unspent. The City Manager recently approved a $50,000 agreement that allows the consultant to prepare the cost plans for Fiscal Years 2017-18 and 2019-20. However, to meet the audit requirements, complete cost plans are needed for Fiscal Years 2013-14, 2015-16, 2016- City Council 28 — 1 12/21/2021 Amend Agreement with MGT of America Consulting, LLC December 21, 2021 Page 2 17, and 2020-21, with potential revisions needed for Fiscal Years 2014-15 and 2018-19 that incorporate recently updated internal policies and procedures. Staff is requesting City Council approval to amend the current agreement, increasing the compensation by $200,000, which includes a $50,000 contingency for unforeseen future auditor requests, for a total agreement amount of $250,000 for the remainder of the work (Exhibit 1). Approval of this recommended action will allow for continued consultant support through finalization of all audit requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available for expenditure in Fiscal Year 2021-22 in the accounts listed below. Any unspent funds will be carried forward as needed to complete the project or to respond to follow-up audit inquiries. Fiscal Accounting Unit Accounting Unit - Year - Account No. Fund Description Account No. Amount Description 10117601- Public Works- Public Works Admin 2021-22 62300 Admin & PlanningServices - Contract $80,000 Services Professional 08617613- Public Works CIP Engineering - 2021-22 62300 Engineering/Project Contract Services $120,000 Management Professional Total $200,000 EXHIBIT(S) 1. Agreement Amendment with MGT of America Consulting, LLC Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 28 — 2 12/21/2021 FIRST AMENDMENT TO AGREEMENT WITH MGT OF AMERICA CONSULTING, LLC, TO PROVIDE INDIRECT COST ANALYSIS, RATE PROPOSAL, AND COST ALLOCATION PLAN THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between MGT of America Consulting, LLC, a Florida limited liability company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On September 21, 2021, the City entered into Agreement No. N-2021-202 ("Agreement") with MGT of America Consulting, LLC, a Florida limited liability company, to provide indirect cost analysis, rate proposal, and cost allocation planning for two (2) years. B. The parties desire to amend the scope and compensation terms of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 1, SCOPE OF SERVICES, shall be amended to read as follows: Consultant shall perform the services described in the scope of work that was included in RFP No. 18-023 as well as an updated scope, including specifically an indirect costs rate proposal for Fund 86 for Fiscal Years ("FY") 2013-2014, 2015-2016, 2016-2017, 2017-2018, 2019-2020, and 2020-2021; Fund 86 indirect cost rate revisions for FY 2014-2015 and 2018-2019; an internal service fund full cost analysis and cost allocation for Fund 101 for FY 2013-2014, 2015-2016, 2016-2017, 2017-2018, 2019- 2020, and 2020-2021; and an internal service fund full cost analysis and cost allocation revisions for FY 2014-2015 and 2018-2019. If requested by City, Consultant will assist with submission of rate proposal and cost allocation plan to federal and/or state agencies. Exhibit A, attached hereto and incorporated herein, is the original scope of work for RFP No. 18-023 and Exhibit B-1, attached hereto and incorporated herein, is an updated scope of work showing the additional services to be provided. 2. Section 2, COMPENSATION, shall be amended to read as follows: a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B and Exhibit B-1. The total sum authorized under the term of this Agreement, including any extension periods, shall not exceed two hundred fifty thousand dollars and zero cents ($250,000). This amount includes (1) a base sum of $200,000 and (2) a twenty-five (25) percent contingency in the amount of $50,000. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. [signatures on next page] City Council 28 — 3 12/21 /2021 Pagel of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Lj 6-% Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA ........... Kristine Ridge City Manager MGT of America Consulting, LLC. am ' J. Bradley rgess e: Exec ti ice President City Council 28 — 4 12/21/2021 Page 2 of 2 Exhibit A Appendxa� ATTACHMENT I SCOPE CiP'wURK CITY OF SANTA ANA REQUEST FOR .PROPOSALS FOR FUL COST ALLOCATION PLAN FOR ENGINEERING SERVICES AND/OR INTERNAL SERVICE FUND ALLOCATION STClDY FOR PUBLIC WORDS ADMINTSTRATTVE SERVICES RFP NO.: 18-023 Proposers may respond to one or both of the projects detailed below: (1) FUL COST ALLOCATION PLAN YOR ENGINEERING SERVIC a l aun The City of Santa Ana is the only city in Orange County delivering capital projects using in- house staff to design and perform construction management with an expectation of fut cost recovery. Therefore, overhead cast rates will deviate from a majority of other Orange County cities utilizing general fund subsidies. In 2016, the City hired a consultant to complete preparation of an Indirect Cost Rate Proposal aaad cost reimbursement services related to the Capital Improvement Program (CIP) for. the Public Works Agency, The City of Santa Ana, Public Works Agency is currently seeking consultant proposals to prepare fiscal year (FY) 16/17, BY 17/18, and FY 18/19 Cost Allocation Plans that are acceptable to federal, state, and local grant agencies. It is critical that the FY 16/17 Cost Allocation Plan is completed, submitted, and accepted by local funding agencies prior to the end of the current fiscal year, which ends June 30, 2017. The City's last updated Cost Allocation Plan was completed for FY 15/16. Most of the grants awarded to the Public Works Agency from Caltrans and the Orange County Transportation Authority (OCTA) Comprehensive Transportation Funding Program for the City's Capital Improvement Program (CIF) projects are distributed on a reimbursement basis. To receive the grant funds, Public Works staff must submit detailed reimbursement documentation, as required by the respective funding agencies. However, because the reimbursement requests include both direct and indirect City employee labor costs, an approved Cost Allocation Plan is required that calculates the appropriate Indirect Cost Rate percentage that can be uaed, rag.0se The purpose of this project is to ensure that the City of Santa Ana has a basis of applying comprebensive overhead rates and is accurately accounting for the true cost of providing various services within Public Works Agency. A Pull Cost Allocation Plan is able to allocate all indirect costs. Additionally, best practices, accounting standards and OMB 2 CFR Part 225 make it necessary for the City to maintain a well -documented Cost Allocation. Plan, that will help it to appropriately allocate general and administrative costs in its budget; properly identify overhead rates that can be used in the calculation of billable hourly rates for federal and state grants, user fees, and reimbursements fiv n other governmental agencies, The City's goal is to have a well - City Council — „,-page - 7 "5"`" 12/21/2021 documented and defensible Cost Allocation Plan prepared annually that will identify rates that can be used to recover billable hourly costs for services and develop user fees that comply with Proposition 218. Scone of Secs Prepare the City's .Bull Cost Allocation Plan for FY 1 G/17; FY 17/18; and FY 18/19 (total cost plan and an OMB 2 CFR Fart 225 plan), which may include the following elements (if the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant's proposal): A. 'Work and meet with selected City staff to refine the project scope, purpose, uses and goals of the City's Full Cost Allocation Plan to ensure that the study will be both accurate and appropriate to the City's needs. Review project schedule and answer any questions pertaining to the successful development of the study. B. if necessary, meet with staff and conduct interviews as needed to gain an understanding of the Public Work A.gazoy's processes and operations. This includes where certain services and Ametions are performed together or shared through cooperation between different divisions. Costs should be identified so that they can be allocated to anal tracked accordingly. C. Identify the total cost of providing each City service at the appropriate activity level and in a manner that is consistent with all applicable laws, statutes, rules and regulations governing the collection of fees, rates, and charges by public entities including, but not limited to, the State Controller's Office Guidelines for Cost Claiming and OM13 2 CFR Park 225 standards. D. Develop a Full Cost Allocation Model using budgeted and/or actual data for calculating the full costs of providing each City service. The requirements of the model should allow for: a. Additions, revisions, or removal of direct and overhead costs so that the full Cost Allocation Plait can be easily adapted to a range of activities, both simple and complex. b. The ability of the City to continuously update the model and full Cost Allocation Plan from year to year as the organization changes. c. The addition of hypothetical service area information for future service enhancements, and the ability to calculate the estimated costs of providing the service under consideration (i.e. ad -hoc analysis), E. Report on ether matters that come to your attention in the auras of your evaluation that in your professional opinion the City should consider. F. Present the plan to the City's management group and make necessary adjustments as requested, G. Prepare and deliver presentations (as needed) to the Council to facilitate their understanding of the plan and its implications to the City. H, Provide the City with an electronic copy of the final comprehensive. review, including related schedules and cost documentatioii in a format such as Microsoft Word and City Council %.rILYUI Japto g`' ` �`� 12/21/2021 Microsoft Excel that can be edited and updated by City staff to accommodate changes in the organization or changes in cost. Prepare a final report and provide five bound copies, one unbound copy, and a single Microsoft Excel and PDF file of the Full Cost Recovery Plan that can be made available to City staff. Models, tables and graphs should be provided in Microsoft Excel. Any Cost Allocation Model revisions developed shall also be made available to the City in Microsoft Excel and PDF formats, providing the ability to add, delete and/or update information as needed.. J. Provide a computer Based model in Microsoft Excel for adjusting these fees and charges for the City's current and future needs and provide the City with an elcetroonic copy of the final comprehensive study, including related schedules and cost documentation in a format that can be edited and updated by City sty to accommodate changes in the organization or changes in costs. K. Consult with City staff should the need arise to defend the Cost Allocation Plan as a result of audits or other challenges. L. Identification of an appropriate agency to review the Cost Allocations Plan, and establish a process for obtaining the approvals, ,P, oi!eet tmgUlle_and-Pr%G s It is critical that the FY 16/17 Cost Allocation Plan is completed, submitted, and accepted by local funding agencies at earliest possible date, not to exceed the end of the current fiscal year of June 30, 2017. In subsequent years, preparation of the Cost Allocation Plan, shall be, prepared following the close of books for the previous fiscal year (approximated tisneframe of December). The Consultant shall provide a project schedule that outlines individual tasks, milestoues, and deliverables, Any major change to the project schedule must bo approved by the, City. Provide a description of the project budget itemized according to the Finn's proposed tinrioline and broken into each service of phase of work, such a.9 t'ne planning, development, and/or implementation phase. Fees for subsequent years to update the Plan of Fees should the City choose to continue service. City Council -y — — 8 "7""' 12/21/2021 Page A1- (2) 1 N TE FAAA, Crd, UNTI) ALLQCA1JJ2N,5J1J.DY The following additional'work will be added at the City's discretion. Proposers must confirm that they are able to perform this type of work and allocate an estimated 175 hours in their Pee Proposal. A detailed Scope of Work and negotiated fee will be established prior to the Notice to Proceed. Scan,,,_ ee o#' Work 'Me City of Santa Ana Public Works Agency (PWA) is requesdrig proposals from qualified firms for an Internal Service fund Allocation Study of its Adrraiiiistrative Services Division (Division). The Division budget is characterized as an Internal Service Fund. Rates are currently set each year leased on a historical assessment of services provided to other PWA departments. The purpose of this study is to ensures that the annual assessment accurately and equitably allocates the true Costs of the Division programs and services. The results of this study will be used in preparing the Division's FY 2019/20 budget. It is expected that the experience and expertise of the selected Consultant on this subject matter will inform the final project deliverables. It is also expected that all recommendations of the selected Consultant will be consistent with any governing laws and regulations, including, but not limited to, the Federal Office of Management and Budget. At minimum, the following deliverables must be provided: • Review of the Division's programs and services provided to PWA. • Identify all interagency customers. • Determine the bases for allocating costs. • Prepare a cost allocation methodology far distributing annual costs to all inter -agency customers. r Calculate Division Internal Services Rate that can be used in support of the Engineering Services Indirect Cost Rates for reimbursement of grants, s Recommend Best Management Practice guidelines related to: - Annual reconciliation of actual costs for services rendered Cost recovery proceeds in excess of actual costs - Schedule for follow-up Internal Service Fund Allocation shies City Council 4+my WI .aaPage7a,-,8 12/21/2021 #*W** M G T CONSULTING GROUP MGT PROPOSED SCOPE OF SERVICES INDIRECT COST RATE PROPOSAL FOR FUND 86 Date: September 9, 2021 Background: Exhibit B MGT has recently completed two documents, based on actual expenditures for fiscal year 2018/2019, that provide the calculations required by federal and state agencies. This documents will allow the city to claim indirect costs in certain programs within Public Works. These calculations must be done annually and be based on actual expenditures. Scope of Services and Professional Fee: 1. Fund 86 - Indirect Cost Rate Proposal (FY 2017/2018 and 2019/2020) 2. Fund 101— Internal Service Fund Full Cast Analysis and Cost Allocation Plan (FY 2017/2018 and 2019/2020) a. Professional Fixed Fee: $49,500 3. Assistance - if required for submission to Federal / State agencies a. Hourly billing as for hours requested; $250 per hour City Council 28 — 9 - 12/21/2021 EXHIBIT B-1 ***** MGT CONSULTING GROUP MGT PROPOSED SCOPE OF SERVICES INDIRECT COST RATE PROPOSAL FOR FUND 86 Date: November 23, 2021 Background: MGT has recently completed two indirect cost documents, based on actual expenditures for fiscal year 2018/2019, that provide the calculations required by federal and state agencies. These documents will allow the city to claim indirect costs in certain programs within Public Works for that fiscal year. The city has identified several past years where these indirect cost calculations must be completed in order to claim indirect cost reimbursement for certain public works operations. These years, and the project scope for each year, are indicated below: 2017/2018 and 2019/2020 - Scope of Services and Professional Fee: 1. Fund 86 - Indirect Cost Rate Proposal 2. Fund 101— Internal Service Fund Full Cost Analysis and Cost Allocation Plan a. Professional Fixed Fee: $50,000 3. Assistance - if required for submission to Federal / State agencies a. Hourly billing as for hours requested: $250 per hour 2013/2014 and 2015/2016 - Scope of Services and Professional Fee: 4. Fund 86 - Indirect Cost Rate Proposal City Council 28 — 10 12/21/2021 5. Fund 101— Internal Service Fund Full Cost Analysis and Cost Allocation Plan a. Professional Fixed Fee: $50,000 6. Assistance - if required for submission to Federal / State agencies a. Hourly billing as for hours requested: $250 per hour 2016/2017 and 2020/2021- Scope of Services and Professional Fee: 7. Fund 86 - Indirect Cost Rate Proposal 8. Fund 101— Internal Service Fund Full Cost Analysis and Cost Allocation Plan a. Professional Fixed Fee: $50,000 9. Assistance - if required for submission to Federal / State agencies a. Hourly billing as for hours requested: $250 per hour 2014/2015 and 2018/2019 Revisions - Scope of Services and Professional Fee: 10.Fund 86 - Indirect Cost Rate Proposal 11.Fund 101-- Internal Service Fund Full Cost Analysis and Cost Allocation Plan a. Professional Fixed Fee: $50,000 12.Assistance - if required for submission to Federal / State agencies a. Hourly billing as for hours requested: $250 per hour City Council 28 — 11 12/21/2021 Human Resources www.santa-ana.org/hr Item # 29 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Approve Agreements for Special and Limited Legal Counsel Services AGENDA TITLE: Approve Master Agreements for Legal Counsel Services with the Following with the Following Firms: Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR"); Liebert Cassidy Whitmore ("LCW"); Barboza & Associates; Oppenheimer Investigations Group; Four Star Investigations; Steve Filarsky; and Burke, Williams, & Sorenson ("BWS") (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a Second Amendment to the Agreement with AALRR to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and 2. Authorize the City Manager to execute a First Amendment to the Agreement with LCW to provide special legal counsel services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and 3. Authorize the City Manager to execute a First Amendment to the Agreement with Barboza & Associates to provide limited legal services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and 4. Authorize the City Manager to execute a First Amendment to the Agreement with Oppenheimer Investigations Group to provide limited legal services not to exceed $300,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney, and 5. Authorize the City Manager to execute a First Amendment to the Agreement with Four Star Investigations to provide limited legal services not to exceed $150,000 for the City Council 29 — 1 12/21/2021 Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 2 duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and 6. Authorize the City Manager to execute a First Amendment to the Agreement with Steve Filarsky to provide special legal counsel services not to exceed $150,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney, and 7. Authorize the City Manager to execute a First Amendment to the Agreement with BWS to provide special legal counsel services not to exceed $350,000 for the duration of the term of the agreement expiring on June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has contractual relationships with AALRR, LCW, Barboza & Associates, Oppenheimer Investigations Group, Four Star Investigations, Steve Filarsky, and BWS for special legal counsel services. The master agreements will provide the Human Resources Department with the resources necessary to efficiently meet the specialized legal needs of the City, on an as needed -basis. All of the aforementioned legal entities have specialized experience and expert knowledge in the fields of employment and labor law matters. The agreements will provide the City with special legal services, such as labor negotiations, employment and labor law advice, personnel investigations, representation of the City in appeals to the City's Personnel Board and/or arbitration hearings, and legal advisor services to the City's Personnel Board. All agreements will be for a three and a half (3 '/2) year term, aligning the agreement's renewal to the City's fiscal - year, for the not -to -exceed amounts listed above. Staff recommends approval of the agreements to provide the special legal services in an efficient manner, on an as needed -basis by the City. This list of on -call Special and Limited Legal Counsel Services agreements does not guarantee work for anyone vendor. ENVIRONMENTAL IMPACT The consideration and approval of the proposed action do not constitute a project under the California Environmental Quality Act. FISCAL IMPACT The Human Resources Department will budget accordingly for the seven (7) Special and Limited Legal Counsel Services agreements in subsequent fiscal years. This list of on - call Special and Limited Legal Counsel Services agreements does not guarantee work for anyone vendor. The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the City Council 29 — 2 12/21/2021 Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 3 contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget. Funds for the AALRR amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund, Account Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $150,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $75,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $75,000.00 Contract Professional Total $300,000.00 Funds for the LCW amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $100,000.00 Contract Professional Total $300,000.00 Funds for the Barboza & Associates amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $50,000.00 Contract Professional City Council 29 — 3 12/21/2021 Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 4 2022-23 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Total $150,000.00 Funds for the Oppenheimer Investigations Group amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $150,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $75,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $75,000.00 Contract Professional Total $300,000.00 Funds for the Four Star Investigations amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Total $150,000.00 Funds for the Steve Filarsky amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. City Council 29 — 4 12/21/2021 Approve Agreements for Special and Limited Legal Counsel Services December 21, 2021 Page 5 2021-22 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $50,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $50,000.00 Contract Professional Total $150,000.00 Funds for the BWS amendment are budgeted and available in the Human Resources Services, Contract Services -Professional expenditure account (no. 01109050 — 62300) for FY 2021-22, and the estimated expenditure amount will be budgeted for FY 2022-23 and FY 2023-24. Fiscal Accounting Unit Fund Description Amount Year — Account No. 2021-22 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $100,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $100,000.00 Contract Professional Total $300,000.00 EXHIBIT(S) 1. Second Amendment to Legal Services Agreement with Atkinson, Andelson, Loya, Ruud, & Romo 2. First Amendment to Legal Services Agreement with Liebert Cassidy Whitmore 3. First Amendment to Legal Services Agreement with Barboza & Associates 4. First Amendment to Legal Services Agreement with Oppenheimer Investigations Group 5. First Amendment to Legal Services Agreement with Four Star Investigations 6. First Amendment to Legal Services Agreement with Steve Filarsky 7. First Amendment to Legal Services Agreement with Burke, Williams, & Sorenson Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 29 — 5 12/21/2021 Exhibit 1 SECOND AMENDMENT TO LIMITED LEGAL SERVICES AGREEMENT WITH ATKINSON ANDELSON LOYA RUUD & ROMO APC THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December 21, 2021, by and between Atkinson, Andelson, Loya, Rudd & Romo, a California Professional Law Corporation ("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 ("City"). RECITALS A. The parties entered into Agreement No. N-2021-066, dated April 15, 2021, by which Attorneys agreed to provide limited legal services conducting personnel investigations on an as -needed basis for the City ("Agreement"). B. On July 20, 2021, the parties entered into a First Amendment (A-2021-139) to the limited legal services agreement to increase the compensation from fifty thousand dollars ($50,000) to one hundred thousand dollars ($100,000) for the term of the Agreement B. The parties wish to amend the Agreement to add additional compensation to cover additional services under this Agreement and to extend the term of the Agreement. The Parties therefore agree: 1. Section 2a, FEES, is amended to increase the total agreement not to exceed amount from one hundred thousand dollars and no cents ($100,000.00) to three hundred thousand dollars and no cents ($300,000.00) and include compensation for investigation services provided to the City by Attorneys from February 28, 2021 through April 15, 2021. 2. Section 9, TERM, is amended to change the termination date from April 14, 2024 to June 30, 2024. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Clerk of the Council [Signatures continue on the next page] Kristine Ridge City Manager Page 1 City Council 29 — 6 12/21/2021 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By- f C�1� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL ive Director L Resource Agency Pane 2 ATKINSON, ANDELSON, LOYA, RUDD & ROMO Name: Title: City Council 29 — 7 12/21/2021 Exhibit 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Liebert Cassidy Whitmore ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On July 20, 2021, the City and Attorney entered into a legal services agreement A-2021-138 for Attorney to provide Human Resources advice, conducting personnel investigations, labor negotiations and employee relations legal services on an as -needed basis for the City. B. The parties desire to amend the Agreement to increase the compensation and to amend the term of the Agreement. THE PARTIES THEREFORE AGREE: Section 2, PAYMENT FOR SERVICES RENDERED, subsection b, shall be amended to increase the total amount authorized for services from one hundred thousand dollars ($100,000) to three hundred thousand dollars ($300,000) over the term of the Agreement. 2. Section 6, TERM, is amended to change the termination date from July 19, 2024 to June 30, 2024. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Sa.", Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager T, CASSIDY WHITMORE .T'S" er-r, ro imAwAd M 00A'Ai j, pA-a ry Crt City Council 29 — 8 12/21/2021 Pagc 1 of-') RECOMMENDED FOR APPROVAL: 7 n Motsick xecutive Director Human Resources Department City Council 29 — 9 12/21/2021 Page 2 of 2 Exhibit 3 FIRST AMENDMENT TO AGREEMENT WITH BARBOZA & ASSOCIATES. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Barboza & Associates, a California law corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On July 8, 2021, the City and Attorneys entered into a limited legal services Agreement N-2021-149 for Attorneys to conduct personnel investigations on an as -needed basis for the City. B. The Parties desire to amend the Agreement to increase the compensation and extend the term. THE PARTIES THEREFORE AGREE: 1. Section 2, PAYMENT FOR SERVICES RENDERED, subsection a, FEES, shall be amended to increase the total amount authorized for services from fifty thousand dollars ($50,000) to one hundred and fifty thousand dollars ($150,000) over the term of the Agreement. 2. Section 9, TERM, shall be amended to change the expiration date from July 7, 2022 to June 30, 2024. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in fall force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: `Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager BARBOZA & ASSOCIATES 4Z`:� Name: Carla arboza Title: President City Council 29 — 10 12/21/2021 Page I of 2 RECOMME ED FOR APPROVAL: r on otsick /cutive Director Human Resources Department City Council 29 — 11 12/21/2021 Page 2 of 2 101117it1 FIRST AMENDMENT TO AGREEMENT WITH OPPENHEIMER INVESTIGATIONS GROUP THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Oppenheimer Investigations Group LLP, a limited liability partnership[ ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On June 15, 2021, the City and Attorneys entered into a limited legal services agreement N- 2021-132 for Attorneys to conduct personnel investigations on an as -needed basis for the City. B. The parties desire to amend increase the compensation of the Agreement, and extend the term. THE PARTIES THEREFORE AGREE: Section 2, PAYMENT FOR SERVICES RENDERED, subsection a, FEES, shall be amended and replaced as follows: a. FEES i. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as payment in full for all services for the foregoing Actions, compensation to engage Attorneys at the rate of $420 an hour. Supervision. Substantive edits by assigned partners/attorneys are billed at lower rates but not higher than at the rate of $420 an hour. Writer/editor time shall be billed at the rate of $180 an hour. Interns are billed at the rate of $120 an hour. During the term of this Agreement, the total amount authorized for services is increased from fifty thousand dollars ($50,000) to three hundred thousand dollars ($300,000) over the term of the Agreement. ii. Effective January 1, 2023, City agrees to compensate Attorneys, and Attorneys agree to accept from City, as payment in full for all services for the foregoing Actions, compensation to engage Attorneys at the rate between $505 - $315 an hour dependent on experience. Investigator/Writer time shall be billed at the rate of $250 an hour. Writer/editor time shall be billed at the rate of $195 an hour. Interns are billed at the rate of $130 an hour. 2. Section 9, TERM, shall be amended to change the expiration date from June 14, 2022 to June 30, 2024. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. City Council 29 — 12 12/21 /2021 Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney .T 0"' K - Q"'� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Jason Motsick Executive Director Human Resources Department CITY OF SANTA ANA Kristine Ridge City Manager OPPENHEIMER INVESTIGATIONS GROUP Am�i Name: A y Oppenheimer Title: Managing Partner City Council 29 — 13 12/21 /2021 Page 2 of 2 Exhibit 5 FIRST AMENDMENT TO AGREEMENT WITH FOUR STAR INVESTIGATIONS LLC THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Four Star Investigations, LLC ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On October 12, 2021, the City and Attorneys entered into a limited legal services Agreement N-2021-227 for Attorneys to conduct personnel investigations on an as - needed basis for the City. B. The Parties desire to amend the Agreement to increase the compensation and extend the term. THE PARTIES THEREFORE AGREE: 1. Section 2, PAYMENT FOR SERVICES RENDERED, subsection a, FEES, shall be amended to increase the total amount authorized for services from fifty thousand dollars ($50,000) to one hundred and fifty thousand dollars ($150,000) over the term of the Agreement. 2. Section 9, TERM, shall be amended to change the termination date from October 11, 2022 to June 30, 2024, 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carnvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager FOUR STAR INVESTIGATIONS LLC azl� Name: Title: Owner City Council 29 — 14 12/21/2021 Page 1 of 2 RECOMMF,NDED FOR APPROVAL: oasMotsicktive Director Human Resources Department City Council 29 — 15 12/21/2021 Page 2 of 2 Exhibit 6 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH STEVE A. FILARSKY THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and between Steve A. Filarsky ("Attorney"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein as "Parties" or individually as a "Party." RECITALS A. On September 1, 2021, the City and Attorney entered into a legal services Agreement N-2021-170 for Attorney to provide personnel, labor and employment related legal services on an as -needed basis for the City. B. The Parties desire to amend the Agreement to increase the compensation and extend the term. THE PARTIES THEREFORE AGREE: 1. Section 2, PAYMENT FOR SERVICES RENDERED, subsection b, shall be amended to increase the total amount authorized for services from fifty thousand dollars ($50,000) to one hundred and fifty thousand dollars ($150,000) over the term of the Agreement. 2. Section 6, TERM, shall be amended to change the termination date from August 31, 2022 to June 30, 2024. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager CX_� �! N, Name: Steve A. Filarsky 7— City Council 29 — 16 12/21/2021 Page 1 of 2 RECOMMENDED FOR APPROVAL: Jason Motsick Executive Director Human Resources Department City Council 29 — 17 12/21 /2021 Page 2 of 2 Exhibit 7 FIRST AMENDMENT TO AGREEMENT WITH BURKE WILLIAMS SORENSON LLP FOR LEGAL ADVISOR SERVICES TO THE SANTA ANA PERSONNEL BOARD THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 21, 2021, by and between Burke Williams Sorenson LLP, a California limited liability partnership ("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 ("City"). RECITALS A. The parties entered into Agreement No. N-2021-133, dated June 15, 2021, by which Attorneys agreed to provide legal advisory services to the City of Santa Ana Personnel Board ("Agreement"). B. The Agreement remains in effect through May 31, 2022. C. The parties now wish to increase the amount to be expended for legal advisory services, and extend the term of the Agreement. The Parties therefore agree: I. Section 2.b., Compensation, is amended to increase the total sum to be expended under the Agreement, by $300,000 for the continued services. The total amount to be expended under this Agreement shall not exceed $350,000. 2. Section 5, Term, is amended to increase the term until June 30, 2025. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Clerk of the Council Kristine Ridge City Manager [Signatures continued on the following page] Page 1 of 2 City Council 29 — 18 12/21/2021 APPROVED AS TO FORM Sonia R. Carvalho City Attorney B: Y Josg Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL son R. Motsick Executive Director Human Resources Services Agency ATTORNEYS BY: Daphne M. Anneet Title: Partner Page 2 of 2 City Council 29 — 19 12/21/2021 Finance and Management Services www.santa-ana.org/finance Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Agreement with PlanetBids, Inc. for eProcurement Suite of Modules AGENDA TITLE: Approve an Agreement with PlanetBids, eProcurement Suite of Modules (General RECOMMENDED ACTION Inc. in an Amount not to Exceed $225,000 for Fund) Authorize the City Manager to execute an agreement with PlanetBids, Inc. for a two-year period effective December 21, 2021, with an option to extend for up to three one-year renewal exercisable by the City Manager and City Attorney, not to exceed $225,000 over the entirety of the five-year period, which includes a $5,000 contingency for training and additional user licenses, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance Department's Purchasing Division (Purchasing) administers the City's centralized purchasing processes. Purchasing entered into an agreement with PlanetBids, Inc., a certified Small Business and Women Business Enterprise, in an effort to streamline the procurement process. Through the implementation of the Bid Management Module System (System), the City has achieved a more efficient and transparent method for electronically advertising, monitoring and awarding formal and informal bids and proposals, while significantly increasing the number of vendors notified of the City's bid and proposal solicitation. The system provides a central repository for solicitations for both materials and services and employs real-time notification of requests for bids and proposals, as well as addenda notification, custom emails, and online Q&A management. The set of modules includes Vendor Management, Bid Management, Advanced eBidding for Public Works projects, and Emergency Operations. In addition to the existing modules, the Public Works Agency (PWA) would like to add three new modules to the Planet Bid contract to meet the agency's growing needs. The first one is the Insurance Certificate Management module to help PWA with tracking insurance renewals and send automatic reminders directly to the vendors. Currently, the agency is managing its insurance requirements by using spreadsheets. Because the agency's grant awards and projects have grown, the additional modules will assist the agency in better tracking and organizing its contracts, vendors, and other requirements. City Council 30 — 1 12/21/2021 Agreement for eProcurement Suite of Modules December 21, 2021 Page 2 The second one is the Contract Management module, which will expand the functionality of the Vendor Management module in the maintenance and retrieval of the agency's contracts. The third one is the Evaluation Management module, also known as Project Management. Due to the increase in projects and solicitation for bids and proposals, the Evaluation Management module will change the current practice of operating in a paper environment when evaluating the submitted bids or proposals, switching to an online evaluation process, thus saving valuable time. The cost to PWA for the three additional modules amounts to $13,875 in Year One. Santa Ana City Ordinance No. NS-2312 authorizes the City to utilize agreements from any public agency employing a competitive solicitation process. The Interlocal Purchasing System (TIPS) entered into an agreement with PlanetBids, Inc. for Management Software and Services as a result of open, competitive solicitation, and meets the City's requirement. Additionally, the City acknowledges that there may be billings from the Consultant prior to the date of this Agreement and intends this Agreement to cover services commencing August 16, 2021, and City intends that any unpaid sums receivable by the Consultant for services commending August 16, 2021 shall be covered under this agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement are available and will budgeted in future years in the Finance & Management Services and Public Works Agency accounts as follows: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description FY 21-22 01110120-62300 General Fund Finance & $14,092 Management Services Purchasing FY 21-22 10117601-62300 PWA-Admin & Public Works $36,179 Planning Administrative Services FY 22-23 01110120-62300 General Fund Finance & $13,397 Management Services Purchasing FY 22-23 10117601-62300 PWA-Admin & Public Works $29,679 Planning Administrative Services FY 23-24 01110120-62300 General Fund Finance & $13,598 Management Services Purchasing City Council 30 — 2 12/21/2021 Agreement for eProcurement Suite of Modules December 21, 2021 Page 3 FY 23-24 10117601-62300 PWA-Admin & Public Works $30,068 Planning Administrative Services FY 24-25 01110120-62300 General Fund Finance & $13,598 Management Services Purchasing FY 24-25 10117601-62300 PWA-Admin & Public Works $30,068 Planning Administrative Services FY 25-26 01110120-62300 General Fund Finance & $13,802 Management Services Purchasing FY 25-26 10117601-62300 PWA-Admin & Public Works $30,519 Planning Administrative Services Total $225,000 EXHIBIT(S) 1. Agreement with PlanetBids, Inc Submitted By: Kathryn Downs, FMSA Executive Director Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 30 — 3 12/21/2021 EXHIBIT 1 7-1 • , Innovative eProcurement Solutions 13263 Ventura Blvd., Suite 101 • Studio City, CA, 91604 • (818) 992-1771 PB System T11 SUPPORT SERVICES AGREEMENT This SUPPORT SERVICES AGREEMENT ("Agreement"), which describes the terms and conditions applicable to your use of the PlanetBids Online Support Services, is made and entered as of into the 91h day of November 2021, by and between PLANETBIDS, INC., a California corporation, ("PlanetBids") and the following customer ("Customer") for the period from December 21, 2021 to August 15, 2023: Customer Name: Citv of Santa Ana Street Address 20 Civic Center Plaza City, State ZIP Santa Ana, CA 92702 Department: Purchasing Principal Contact: Sandy Perez Title: Purchasing Supervisor Phone & Email: 714.647.5329. SPerezCa santa-ana. Method of Payment: Net 30 Days THEREFORE, PlanetBids and the Customer agree as follows: 1. PlanetBids Services. Upon acceptance of this Agreement, PlanetBids shall provide the following Support Services to Customer, subject to the terms and conditions of this Agreement and as more fully described in Exhibit "A". This Agreement fully supersedes any and all prior agreements between PlanetBids and Customer. a) "Services" shall include one or more of the following PlanetBids PB SystemT"^ modules or features if, and only if, listed in Exhibit "A" hereto: (i) use of the PlanetBids "PB System""'" by a specific number of Customer licensed System users (ii) Additional Customer licensed module users (iii) Vendor management and Bid management modules for vendor registration, posting and tracking Bid Requests and other information on Customer's website or private internet network, and, at Customer's option, to process and distribute Bid Requests to additionally available PlanetBids suppliers within their selected categories; (iv) Advanced eBidding for Public Works add -on module; 1 City Council 30 — 4 12/21/2021 Copyright © 2021 PlanetBids, Inc. R210815-26 (v) Evaluation Management add -on module; (vi) Business Certification module; Prequalification Management (CUPCCAA or Standard version) - Business Forms (vii) Contract Management module; (viii) Insurance Certificate Management module; (ix) Insurance Certificate Management with My Insurance module; (x) Emergency Operations module (agency -wide access); (xii) access and use of the PlanetBids "Outreach" database. Customer shall not have access or use of any modules or features not listed in Exhibit "A" b) PlanetBids shall have access and the right to market or otherwise promote its services to any vendor or supplier of Customer that registers with PB System"Im via Customer's site on the PlanetBids PB System TO. PlanetBids will not sell any Customer data to any third parties without a written consent from Customer. c) Internet related equipment by its nature, is not fault tolerant, but PlanetBids (1 will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, excluding downtime for scheduled and unscheduled maintenance, and (2) will promptly investigate any technical problems that Customer reports. PlanetBids cannot, however, guarantee continuous service, service at any particular time or the integrity of data transmitted via the Internet. Further, PlanetBids shall not be responsible for the inadvertent disclosure, corruption or erasure of data transmitted, received or stored on the PB System TM. d) PlanetBids may make improvements and/or amendments to the PB System TO at any time, and may provide other optional services, including enhanced versions of standard features or functions, for an additional fee as agreed in advance by the Customer. Any and all relevant portions of these terms and conditions will automatically apply to all such improvements, amendments and/or optional services as they appear. PlanetBids does not guarantee that use of the Services will produce any quotes, business opportunities or other information helpful to the business of Customer, nor does it guarantee that any contact provided will be adequate or best suited for any transaction. 2. Fees and Payments. Support Fees. Customer agrees to pay PlanetBids set up and services fees as set forth in Exhibit "B" hereto. a) Additional Services; Fees. if requested by Customer, PlanetBids will provide any or all of the following additional services at the fees set forth in Exhibit "B": 1) Customization work in addition to standard set-up shall be contracted in the following manner and at PlanetBids' current standard rates: (a) Customer shall submit a written request describing the proposed project; (b) PlanetBids conduct a feasibility analysis and assessment of the project and the work required, (c) if the project is technically feasible, PlanetBids will submit to Customer a written estimate setting forth the City Council 30 — 5 12/21/2021 Copyright© 2021 PlanetBids, Inc. R210815-26 price, estimated schedule and any conditions of the project.. PlanetBids shall not proceed until approval is received in writing from Customer. 2) Training to Customer's designated users, in addition to that provided pursuant to Section 3 of Exhibit "A", is available at rates set in Exhibit "B". 3) For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer's website on a daily basis. The duration of such data retained will be for a minimum of 7 years and determined by PlanetBids in its sole discretion thereafter. However, Customer may, during the term of this Agreement, access and retrieve data in text delimited Microsoft Excel format and documents, at no cost. Additional Services related to the retrieval or restoration of any of Customer's data from such back-up files are available if necessary, at rates set forth in Exhibit "B". b) Purchase Orders/Billing. Purchase orders, billing or any related matters must be emailed to alan(a-)planetbids.com or mailed to the following address. PlanetBids, Inc. 13263 Ventura Blvd., Suite 101 Studio City, CA 91604 Attn: Alan Zavian Use of Services. a) The compilations of data and content contained in the PlanetBids "Outreach" database is the proprietary information of PlanetBids. PlanetBids grants to Customer a non- exclusive right to use Outreach compilations solely in connection with bids and procurements solicitated using the PlanetBids PB SystemT"' Vendor Management and Bid Management. Customer agrees that it will not copy, use or access the Outreach compilations for any other purpose or for use in connection with any other bid or procurement solicitation service. In addition, Customer agrees to use information obtained through the Services only as necessary to the transaction of Customer and shall not use the Services for the benefit of any third party. b) PlanetBids is not responsible for the content and/or transactions that Customer post on or through the Services. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content that uses the Services and, in addition to other remedies for breach provided in this Agreement, to remove content which PlanetBids determines to be illegal, offensive, harmful or otherwise in violation of its operation policies. 1) Customer agrees to comply with all applicable laws, ordinances and regulations and prudent business practices related to the use of Services; and not make any unauthorized commercial use of the Services or of the PlanetBids name, marks or logos. Further, Customer agrees to not use the PlanetBids websites to (i) post information anonymously or under a false name; (ii) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, such as inducements to conduct that would constitute a criminal offense or give rise to civil or other liability, (iii) post the name of or otherwise identify or reference any service or entity that provides a service competitive to the Services. City Council 30 — 6 12/21/2021 Copyright c) 2021 PlanetBids, Inc. R210815-26 2) If Customer uses standard identification codes, PlanetBids shall have the right to request for inspection an original copy of such codes and any necessary authorizations for use. If such identification codes are proprietary codes of third parties, such as NIGP, SIC or CSI, it shall be the responsibility of Customer to obtain the necessary licenses and Customer indemnifies and holds harmless PlanetBids from the unauthorized use or publication of any such identification codes with respect to the Services. 3) It shall be the responsibility of Customer to collect and pay any taxes, duties, imposts or tariffs that are applicable to sales via the Services. C) Although the Customer's solicitation, bid and contract information is collected, processed, managed and stored on the PlanetBids PB SystemTM , PlanetBids does not control or monitor any of such information or processes and is not aware of the specific uses thereof by the Services, Customer hereby releases, indemnifies, and holds harmless PlanetBids and its agents, employees, and affiliates from all claims, demands, costs and damages (actual and consequential) of every kind and nature arising out of or related to the communications or Bid Requests and the completed or uncompleted transactions of Customer utilizing the Services. 4. Warranty. a) PlanetBids warrants that (i) the performance of Services by PlanetBids shall comply with all applicable federal, state, county and local laws and ordinances, and the PlanetBids PB System TM will comply with all applicable safety regulations and codes, (ii) all Services to be performed hereunder will be performed in a professional and workmanlike fashion and will comply with industry standards, (iii) the PlanetBids PB SystemTm does not infringe or violate any third party patent, copyright or other intellectual property, (iv) the PlanetBids PB System TM will be free from any liens, encumbrances or claims, and for a period of 90 days initial access by Customer, will conform in all material respects to applicable specifications and product descriptions. Further, PlanetBlds will not knowingly include therein any maliciouscode designed to disrupt or otherwise impair the operation of the Services or to permit any surreptitious collection of information. b) PLANETBIDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN MADE AWARE IN ADVANCE OF SUCH POTENTIAL RISK, NOR ANY WARRANTY REGARDING THE ACCURACY, LIKELY RESULTS, OR THE RELIABILITY OF ANY SITES LINKED INTO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLANETBIDS HEREUNDER EXCEED $2,000,000.00 c) Customer represents and warrants (a) the Customer information provided is current, complete and accurate, (b) that the person signing this Agreement is authorized to bind Customer, (c) Customer will update the information (including credit card information, if applicable) as required to keep such information current, complete and accurate. PlanetBids may, in its sole discretion, cancel or terminate this Agreement if Customer has willfully violated its obligations hereunder. 5. Indemnity. Each party will indemnify and defend and hold harmless the other party from and against all claims, liabilities, damages, and expenses, including reasonable attorney fees, arising out of any property damage, personal injury or death, sustained by such other party as a result of the gross negligence or willful misconduct of the indemnifying party or its agents or employees. 4 City Council 30 — 7 12/21/2021 Copyright ©2021 PlanetBids, Inc. R210815-26 6. Termination. a) Termination for Cause. This Agreement may be terminated by either party by providing the non -terminating party with no less than forty-five (45) business days written notice (and reasonable opportunity to cure) upon the occurrence of any breach of any material term or condition of this Agreement or any representation or warranty herein. b) Termination Other Than for Cause. Customer may terminate this Agreement in whole but not in part by giving PlanetBids no less than forty-five (45) days written notice before the effective date of such termination. In such case, the effective date of termination shall be the anniversary of the date for Year 2, Year 3 or Year 4 of this Agreement that first occurs following the end of the foregoing notice period each consecutive year. PlanetBids will not refund Customer any amounts that have been prepaid for actual or successive year(s) of services. 7. Confidentiality. a) PlanetBids will take reasonable measures not to disclose website communications or information about its Customers, except to the extent that PlanetBids believes in good faith that such action is within the scope of the Services or reasonably necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate interests of PlanetBids or its customers. Notwithstanding the foregoing, all communications directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. b) Notwithstanding the foregoing, PlanetBids will have the right to use Customer's name, logo and marks only, (i) in the performance of the Services, (ii) to list Customer as a prospective user of products and services in the PlanetBids "Outreach" database, and (iii) to identify Customer as a customer and/or user of the Services in PlanetBids marketing materials and on its website. Further, PlanetBids may use any voluntary feedback of Customer on PlanetBids performance, services or products for any reasonable business purpose that is not injurious to Customer. 8. Copyright Protection. The PB SystemT"" and PlanetBids' date formats and compilations are protected by worldwide copyright laws and related international treaties, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described herein. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. a) Customer shall not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose the Services, website content, the PB SystemT"' or any other PlanetBids tools. Customer shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software or tools accessible or available through the Services. b) Special use requests should be sent to customerservice@PlanetBids.com. Permission to use shall be granted in the sole discretion of PlanetBids. City Council 30 — 8 12/21/2021 Copyright© 2021 PlanetBids, Inc. R210815-26 9. Security. (a) The PlanetBids ordering and posting processes are protected by the Secure Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of the PlanetBids server before allowing a transaction to be completed. It is recommended that Customer use the latest browsers to ensure that the SSL protocol is acceptable, and you are protected by advances in security technology. For more detailed information, please refer to the PlanetBids Privacy Policy. (b) Password -protection techniques will be provided to restrict access under Customer's account to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER, THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS. Customer shall at all times maintain as confidential its usernames and passwords. If Customer is a corporation or other business entity, then it may allow employees to use its username and password, but the Customer shall be responsible for all activity and charges incurred by such employees. Permitting third parties to use the Services is prohibited and a violation of this Agreement. (c) if a security breach occurs with respect to any account, the Customer must immediately change its password and notify PlanetBids at cu_stomerservice(d,)PlanetBids.com. Customer shall be liable for any unauthorized use of the Services until PlanetBids is notified of the security breach. 10. Other Provisions. a) Notices. PlanetBids shall provide notice to Customer via email, or (at its discretion) via certified U.S. Mail, to the address provided in this Agreement or such other address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via email to customerservice(a�PlanetBids.com, with a copy sent via certified U.S. Mail to the address on the membership registration. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received. b) Assignment. Customer shall not assign this Agreement or any of its rights or obligations without the prior written consent of PlanetBids, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns. c) No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. if any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions shall remain in full force and effect. d) Governing Law. The interpretation and enforcement of this Agreement shall be governed by laws of the United States of America and the State of California, excluding its choice of law rules and subject to the exclusive jurisdiction of the court located in Orange County, California. e) Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, 6 City Council 30 — 9 12/21/2021 Copyright 0 2021 PlanetBids, Inc. R210815-26 unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids. f) Insurance. For the term of this Agreement, at its sole cost, PlanetBids shall obtain and maintain insurance as described below: 1. 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 PlanetBids' 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 Customer, 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 Customer; and (c) contain standard separation of insureds provisions. 2. Cyber liability insurance with limits of not less than $1,000,000 for each occurrence and an annual aggregate of $2,000,000, covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. - Signature Page on Next Page - City Council 30 — 10 12/21/2021 Copyright OO 2021 PlanetBids, Inc. R210815-26 - Signature Page - AGREED effective as of the date first written above. PLANETBIDS, INC. M ian, (7hief Executive Officer (Date) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APROVAL: r1 i�7lh.r+-a Kathryn Downs {Dec 7, 2021 16:54 PST) Kathryn Downs Executive Director, Finance & Management Services Agency Customer: City of Santa Ana go Kristine Ridge, City Manager (Date) O City Council 30 — 11 12/21/2021 Copyright 0 2021 PlanetBids, Inc. R210815-26 EXHIBIT "A" STATEMENT OF WORK FOR SETUP, IMPLEMENTATION AND TRAINING 1. Customer System Configuration: Services available to Customer shall be utilized by the Purchasing and the Public Works Departments and shall include: A. Access for up to seven (7) full licensed users of Customer to the following module(s) of the PlanetBids "PB System TM": (i) Vendor management and Bid management modules (ii) Advanced eBidding add -on module to Bid management module (iii) Evaluation management module B. Access for up to twenty (20) full licensed users of Customer to the following module(s) of the PlanetBids "PB SystemTM": (i) Insurance Certificate Management with My Insurance module C. Access for up to ten (10) full licensed users of Customer to the following module(s) of the PlanetBids "PB SystemTM": (i) Contract management module D. Access for up to five (5) licensed users of Customer to the PlanetBids "PB System TM (i) Read -Only E. Access and use of the PlanetBids "Outreach" database for no additional cost. 2. PB System TO Access Services: PlanetBids rate for maintaining the PB SystemTM vendor and bid management is based upon an unlimited number of monthly transactions (Bids) and up the number of user licenses acquired by Customer. PB SystemTM Access Services include the following: • System Administration — PlanetBids will be responsible for system and data back-ups, disaster recovery, system reliability, availability, privacy, and security • Hosting Infrastructure — PlanetBids will be responsible for hosting PB SystemTM maintaining the network, hardware, and software infrastructure • Customer Service — Is available from 8:00 a.m. to 5:00 p.m. PST, Monday through Friday (see Help Desk definition below) • Account Management — PlanetBids will provide a dedicated Account Manager for post - sales support, PB SystemTM questions. 3. PB SystemTM Administration: The following services will be provided: a. Link from and to Customer's procurement web page. b. Configured online vendor registration form and ability to have vendors maintain their profiles. c. Complete management tools access to all users (i.e., buyers, project managers...). d. Customer specific database. e. Complete bid management from bid submission to awarding. n City Council 30 — 12 12/21/2021 Copyright© 2021 PlanetBids, Inc. R210815-26 f. Electronic bidding - Vendors submit bid quotes/responses online; Buyers analyze bid responses and award. g. Daily backups. h. PB System TM users and vendor support for the duration of the contract. 4. Professional Services PlanetBids will provide consulting services for custom reports or PB SystemTM customizations, specific to Customer, not covered by this Statement of Work at an additional charge. Additional consulting services requested in writing by Customer will be billed at the rates set forth in Exhibit "B". No work will begin on professional services before a mutually agreed -upon statement of work is completed. 5. Help Desk The PlanetBids Help Desk is available for support (as defined below) via our telephone number (818) 992-1771, from 8:00am to 5:00pm PST, Monday through Friday. Email Support, support@PlanetBids.com as well as on-line help services are also available. To provide instant service to vendors and contractors, PlanetBids recommends Customer to initiate or provide basic "Level 1" support although PlanetBids will provide Level 1 or Level 2 support at any time: A Level 1 support representative will attempt to answer most or all questions, including help to vendors with simple problems (edit profile, etc.) or general "how-to" questions (search functionality, bidding, etc.). PB System Tm related questions by Vendors/Contractors that cannot be answered or supported by Customer should be directed to a PlanetBids support representative. More complex, technical questions should be directed to a Level 2 PlanetBids support representative. • A Level 2 support is more technical in nature. Level 2 questions may, for example, deal with Customer users (i.e., PB System TM administrative users including buyers, project administrators, etc.) or with password issues requiring special assistance, or with possible product bugs or failures. In this case, some research and investigation may be required. 6. User License(s) Management It is the responsibility of Customer to monitor and maintain usernames and passwords if or when a licensed user of the PB SystemTm needs to be reassigned to a new user within the Customer's organization. 1A City Council 30 — 13 12/21/2021 Copyright 0 2021 PlanetBids, Inc. R210815-26 EXHIBIT "B" FEES AND PAYMENTS a. Support Fees and Service Payment. Customer agrees to pay PlanetBids a total of $44,575.83 for Year 1. Payment for Year 1 shall be due and payable 30 days from the time of execution of this Agreement. Payments for Year 2, optional Year 3, optional Year 4 and optional Year 5 are payable within 30 days of the first day of each such year as outlined in Table (A). Table (A) PB System'"" Moduie(s) YEAR 1 YEAR 2 YEAR 3 YEAR 4 2024-2025 YEAR 52023-2024 2025-2026 2027-2022 2022-2023 (Optional) ( (Optional) O tonal Vendor Management & Bid Management $17 492.51 $17,492.51 $17,754.90 $17,754.90 $18,021.22 7 Full User Licenses Advanced eBidding $ 4,795.88 $ 4,795.88 $ 4,867.81 $ 4,867.81 $ 4,940.83 add -on to Bid Man a ement Emergency Operations $ 4 381,29 $ 4.381.29 $ 4,447.01 $ 4,447.01 $ 4,513.71 A enc wide Read -Only $ 2,531.15 $ 2,531.15 $ 2,569.12 $ 2,569.12 $ 2,e07.66 5 User Licenses Insurance Certificate Management $ 5,625.00 With My Insurance (One Time Set up $500.00} $ 5,625.00 $ 5,709.38 $ 5,709.38 $ 5,795.03 20 FLA User Licenses Contract Management $ 4,500.00 $ 4,500.00 $ 4,567.50 $ 4,567.50 $ 4,636.01 10 Full User Licenses One Time Set a $500.00 Evaluation Management $ 3,75000 $ 3.750.00 $ 3,750.00 $ 3,750.00 $ 3,806.25 7 Full User Licenses Ore Time Set u $500.00 TOTAL $ 44,575.83 $ 43,075,83 1 $ 43,665.72 1 $ 43,665.72 $ 44,320.71 b. Additional Services. If requested by Customer in writing, PlanetBids will provide any or all of the following additional services. The following rates are current as of the date of this Agreement but are subject to an increase of not more than 10% per year after the first year of this Agreement. 1) Training: $750.00, for a single online training session of up to 2 hours. 2) Data Retrieval and Restoration: $145.00 per hour, unless otherwise quoted for a specific project. II City Council 30 — 14 12/21/2021 Copyright © 2021 PlanetBids, Inc. R210815-26 Agreement_Planetbids SSA -City of Santa Ana Final 12.7.21 Final Audit Report 2021-12-08 Created: 2021-12-08 By: Kristin Andrade (kandrade@santa-ana.org) status: Signed r Transaction ID: CBJCHBCAABAAGYCntDDJ65_oFOpMjsNTP-9dgi2Zhlt "Agreement_Planetbids SSA —City of Santa Ana_Finai_12.7.21" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2021-12-08 - 0:53:40 AM GMT- IP address: 98.153.69.210 Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2021-12-08 - 0:53:58 AM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) w 2021-12-08 - 0:54:20 AM GMT- IP address: 98.153.69.210 iO Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2021-12-08 - 0:54:29 AM GMT - Time Source: server- IP address: 98.153.69.210 ® Agreement completed. 2021-12-08 - 0:54:29 AM GMT "08RMOuncii 30 - 15 12/21/2021 Finance and Management Services www.santa-ana.org/finance Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Award a contract to Grant Thornton Public Sector LLC for American Rescue Plan Act (ARPA) Consulting Services AGENDA TITLE: Award a Contract to Grant Thornton Public Sector LLC for American Rescue Plan Act (ARPA) Compliance Consulting Services, in an Aggregate Amount not to Exceed $181,300, for a Six -Month Term (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Grant Thornton Public Sector LLC for ARPA Consulting Services for a six-month term with the option for one six-month renewal, for a total aggregate amount not to exceed $181,300, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 20, 2021, the City Council authorized the Revive Santa Ana Spending Plan made possible by the American Rescue Plan Act (ARPA) through U.S. Department of Treasury (DOT) Coronavirus State and Local Fiscal Recovery Funds (SLFRF). The spending plan is intended to protect and revive the Santa Ana community as it emerges from the impacts of the COVID-19 pandemic. The City is responsible for the effective administration of these funds in accordance with the SLFRF Compliance and Reporting Guidance and the Uniform Guidance of the Office of Management and Budget (OMB). The City must implement robust internal controls and effectively monitor the Revive Santa Ana projects to ensure compliance with all applicable federal rules and regulations. In order to support City staff with these efforts, $200,000 of the Revive Santa Ana funds has been allocated to Accounting & Compliance for Federal Funding. The Finance & Management Services Agency plans to utilize the funds to hire a consulting firm that can assist the City with navigating and complying with the evolving and complex regulatory and programmatic SLFRF guidance. A total of ten professional firms submitted proposals in response to Qualifications (RFQ) No. 21-093 . The ten proposals were evaluated Review Committee (Committee) composed of the Assistant Director the Request for and ranked by a of Finance and City Council 31 — 1 12/21/2021 Award a contract to Grant Thornton Public Sector LLC for American Rescue Plan Act (ARPA) consulting services December 21, 2021 Page 2 Management Services Agency, Accounting Manager, and Supervising Accountant. The evaluation was based on the following factors: • Technical qualifications and experience of key members of the engagement team and the firm • Capability of handling all aspects of the engagement as defined as well as providing support and technical assistance • Experience with similarly sized governmental agencies in providing the types of services outlined in the RFQ • Compliance with the requirements of the RFQ • Thoroughness of the firm's proposed scope of work, clearly defined schedule of work to be performed • Reasonableness of Cost Based on the Committee's evaluation, Grant Thornton Public Sector LLC (GT) was selected as the most qualified firm to provide ARPA consulting services. They demonstrated a high level of technical knowledge and experience in managing major COVID-19 response and recovery funds, such as the Coronavirus Aid, Relief, and Economic Security (CARES) Act funds and Federal Emergency Management (FEMA) Public Assistance. As one of the leading national accounting and consulting firms, GT has provided grants management compliance services to many federal, state, and local agencies. Their highly experienced subject matter experts will perform services including, but not limited to, the following: • Review ARPA Spending -Eligibility Determination • Assist with Compliance Monitoring and Reporting • Compliance Consulting • Assist with Audit Preparation • Communication Support As such, staff recommends contracting with GT to perform ARPA consulting services for a period of six months with the option for one six-month renewal. The Request for Qualifications (RFQ) No. 21-093 was advertised on August 26, 2021 and offers were solicited. A summary of the RFQs and offers received is as follows: 120 Vendors were notified 36 Vendors downloaded the RFP 10 Santa Ana vendors notified 10 Proposals received Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified eight Santa Ana vendors, none of which downloaded the RFQ. City Council 31 — 2 12/21/2021 Award a contract to Grant Thornton Public Sector LLC for American Rescue Plan Act (ARPA) consulting services December 21, 2021 Page 3 ARPA Eligibility Analysis SLFRF Funds may be used for administering the program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements. The consulting costs will be classified as Expenditure Category 7.1 Administrative Expenses for DOT reporting purposes. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $181,300 are currently available in the following accounting account. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY21-22 18110013-62300 American ARPA-FMSA $181,300 Rescue Plan Act (ARPA) EXHIBIT 1. Professional Services Agreement with Grant Thornton Pubic Sector LLC Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 31 — 3 12/21/2021 EXHIBIT 1 AGREEMENT WITH GRANT THORNTON PUBLIC SECTOR LLP TO PROVIDE AMERICAN RESCUE PLAN ACT (ARPA) CONSULTING SERVICE THIS AGREEMENT is made and entered into on this 21ST day of December, 2021, by and between Grant Thornton Public Sector, LLC, a Delaware limited liability company ("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 July 20, 2021, the City Council authorized the Revive Santa Ana Spending Plan made possible by the American Rescue Plan Act (ARPA) through U.S. Department of Treasury (DOT) Coronavirus State and Local Fiscal Recovery Funds (SLFRF). The spending plan is intended to protect and revive the Santa Ana community as it emerges from the impacts of the COVID-19 pandemic. B. On August 26, 2021, the City issued a Request for Qualifications No. 21-093 ("RFQ") seeking to retain a Consultant having special skill and knowledge in the field of implementing robust internal controls and effectively monitor the Revive Santa Ana projects to ensure compliance with all applicable federal rules and regulations to assist the City's Finance & Management Services Agency with navigating and complying with the evolving and complex regulatory and programmatic SLFRF guidance C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal attached hereto as Exhibit A and incorporated by reference. Consultant warrants that it shall perform the services in accordance with applicable professional standards. This warranty is in lieu of, and Consultant expressly disclaims, all other warranties, express, implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Consultant does not warrant computer hardware, software or services provided by other parties not retained by Consultant to provide services pursuant to this Agreement. City Council 31 —4 12/?1/20�1of 11 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $181,300.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. As the recipient of ARPA SLFRF funds, Consultant will be required to comply with any and all compliance requirements for the use of SLFRF funds, any and all reporting requirements for expenditures of SLFRF funds, as well as compliance with 2 CFR 200.332 regarding pass -through entities. 3. TERM This Agreement shall commence on the date first written above for a six (6) month term with the option for the City to grant up to a one (1) six (6) month renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; 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. Consultant may use third -parties to provide administrative and operational support to Consultant business operations. All of these third party service providers are subject to confidentiality obligations to protect the confidentiality of City data. Such entities may be located within or outside the United States. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Deliverables, as defined in the statement of work, 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 delivered 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 City Council 31 — 5 12/?1/2 �1 11 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, provided however that Consultant shall be entitled to rely on all information, data, reports and other materials provided by the City. The information contained in documents prepared by Consultant in the course of providing services under the terms of this Agreement is for the sole use of the City in accordance with the purpose of this Agreement hereunder. The Deliverables are not for a third party's benefit or reliance, and Consultant disclaims any contractual or other responsibility or duty of care to others based upon the Services, Work Product or Deliverables. Any Work Product, Deliverables, or documents delivered by Consultant shall be released only in accordance with the California Public Records Act or with the prior written permission of Consultant. Except to the extent expressly provided hereto to the contrary, no third -party beneficiaries are intended under this Agreement. Consultant shall retain sole and exclusive ownership of and all right, title and interest in and to any know-how, concepts, techniques, methodologies, ideas, processes, models, templates, tools, utilities, routines and trade secrets of Consultant that existed prior to this engagement or that, to the extent they are of general application, may have been discovered, created or developed by Consultant as a result of its own efforts during this engagement (collectively, the "Consultant Property"). The City shall acquire no rights or interest in the Consultant Property, except for a non-exclusive, non-transferrable, royalty -free right to use such Consultant Property solely in connection with any deliverable or work product to the extent any Consultant Property is incorporated therein. The City will not sublicense or otherwise grant any other party any rights to use, copy or otherwise exploit or create derivative works from the Consultant Property. Consultant's work papers are not part of the Deliverables and shall remain the confidential property of Consultant in accordance with professional standards. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below. Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (This may not be needed if they are not driving as a part of the Agreement.) C. Workers' Compensation insurance as required by the State of California, with City Council 31 — 6 12/�1/2 o agef ll Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees.) d. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later revisions used) or equivalent blanket coverage. Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Consultant. Consultant shall promptly provide such notice to the City. Failure to provide notice of cancellation is a material breach of the Agreement and will terminate immediately. Waiver of Subro ag tion Consultant hereby grants to City a waiver of any right to subrogation which any insurer, except Professional Liability coverage, of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses City Council 31 — 7 12/?1/2 1 11 and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 City Council 31 — 8 12/?1/2 S1 11 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep fee and expense information and work product documentation ("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. Upon reasonable advance notice, Consultant shall allow the City to examine, audit, and make transcripts or copies of such Records pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all Records related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Notwithstanding the foregoing or anything in this Agreement, nothing in this section or any audit or inspections hereunder, shall violate or cause Consultant to violate any of Consultant's professional standards, privacy, confidentiality or legal obligations. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law, legal action or order of accounting oversight body; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct City Council 31 — 9 12/?1/2 61 11 or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. City Council 31 — 10 12/�1/2 o agef 11 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Consultant reserves the right to, in whole or in part, decline to perform services if information comes to its attention indicating that performing any Services could cause Consultant to be in violation of applicable law, regulations or standards or in a conflict of interest, or to suffer reputational damage. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 City Council 31 — 11 12/�1/2 1 11 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5414 To Consultant: Grant Thornton Public Sector LLC Attn: Graeme Finley, Principal 1000 Wilson Blvd, Suite 1400 Arlington, VA 22209 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. The City agrees to the use of electronic methods to transmit and receive information, including confidential information. Consultant shall not be responsible or liable for any (i) service interruptions of or (ii) corruption or damages (whether direct, indirect, consequential or otherwise) to the City's or third party's information systems and the information and data contained therein, including but City Council 31 — 12 12/?j/2 �1 11 not limited to denial of access, automatic shut -down of information systems caused by or resulting from Consultant's performance of the Services, to the extent such interruptions and damages were beyond its reasonable control upon exercise of reasonable and customary security and other measures as customary in the industry. {Signatures on following page) City Council 31 — 13 112012rage Wolf 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Rya*ityy Assiey RECOMMENDED FOR APPROVAL: Kathryn Downs, CPA Executive Director Finance and Management Services Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Graeme Finley Principal City Council 31 — 14 112012rage Rolf 11 EXHIBIT A PROPOSAL City Council 31 — 15 12/21/2021 00 GrantTharnton City of Santa Ana American Rescue Plan Act Consulting Services RFQ #21- 093 Proposal November 3, 2021 City of Santa Ana American Rescue Plan Act Consulting Services Proposal Prepared for: Prepared by: City of Santa Ana 0�0 GrantThcrnton 20 Civic Center Plaza Santa Ana, CA 92702 In response to RFQ# 21- 093 4695 MacArthur Ct Suite 1600 Dated September 13, 2021 Newport Beach, CA 92660 Addendum 1, September 2, 2021 www.grantthornton.com Addendum 2, September 7, 2021 Point of Contact: Graeme Finley, Principal T 571.242.0478 F 916.449.3981 Qraeme.FinIeyC@.us.qt.com On January 1, 2020, Grant Thornton LLP ("Grant Thornton LLP" or "Parent"), a federal and state and local government contractor since 2001, reorganized its Public Sector service line into a wholly -owned subsidiary named Grant Thornton Public Sector LLC. All of the assets and personnel associated with Grant Thornton LLP's government practice (except for its government financial audit and attest practice that will remain with the Parent) have been transferred to the new subsidiary, Grant Thornton Public Sector LLC. Grant Thornton LLP and Grant Thornton Public Sector LLC have entered into a Services Agreement, which provides for the two entities to provide assistance to each other on government contract opportunities and engagements. Grant Thornton LLP and Grant Thornton Public Sector LLC are each other's primary teaming partners, as specially demonstrated throughout this proposal (in addition to other specified subcontractors, collectively "Team Grant Thornton"). This proposal or quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed — in whole or in part — for any purpose other than to evaluate this proposal or quotation. If, however, a delivery order is awarded to this offeror or quoter as a result of — or in connection with — the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data City Council restriction on the title page of thi3groaolapor quotation." 12/21 /2021 Grant Thornton Public Sector LLC November 3, 2021 Sarah Ro, Accounting Manager City of Santa Ana — Finance and Management Services Agency 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana I RFQ 21- 093 Revised Proposal Subject: REQUEST FOR QUALIFICATIONS (RFQ) NO. 21- 093 FOR AMERICAN RESCUE PLAN ACT CONSULTING SERVICES (Revised Scope of Work) Dear Ms. Ro: Thank you for the opportunity to demonstrate how we can support the City of Santa Ana (City) manage funding received from the American Rescue Plan Act (ARPA) by providing comprehensive financial management and advisory services. The City's Revive Santa Ana Spending Plan outlines a bold program to continue its response to the COVID-19 public health emergency and achieve a holistic and equitable recovery to its effects. Our response will demonstrate proven experience and qualifications assisting communities to effectively manage funding received from the federal government to implement a wide range of projects to recover, restore, and grow vital community services and facilities. Our team is excited for the opportunity to bring the experience, methods, and knowledge we have gained over years of federal fund management, including recent experience managing all the major COVID-19 response and recovery funds (Provider Relief Fund, Coronavirus Relief Fund, FEMA Public Assistance, Homeowner Assistance Fund, and Paycheck Protection Program), to join the City's team in implementing the Revive Santa Ana Spending Plan. Outside of our grants core competency, we are a management consulting firm with relationships that will flexibly support the City's needs as they arise. This includes a robust information technology advisory practice, teams working at the Federal level with U.S. Treasury and other Federal program owners. Plan. Our firm has performed hundreds of Single Audits for grant recipients and supports our clients in being `audit ready' when we are not the auditor. We are monitoring for the Fall release of the 2CFR200 Appendix XI Compliance Supplement which will provide detailed audit guidance for ARPA-related programs. In the meantime, we have developed checklists based on the August 2021 audit guidance. We are proposing single audit expertise as part of our team. The Grant Thornton Team has local technical and industry capabilities backed by a global infrastructure and subject matter experts. We have over 250 Grant Thornton partners and professionals in the greater Los Angeles area, we are committed to delivering the City of Santa Ana the right people with various skill sets across Public Sector. The Southern California practice is comprised of offices in Los Angeles, Irvine and San Diego. Our Los Angeles office serves both public and private clients in a variety of industries including state and local government, entertainment, aerospace and defense, high tech, and professional services. On Thursday, October 28, our team participated in an interview with staff from the City's Finance and Management Service Agency to review and clarify our team's approach to the revised scope work for Request for Services Number 21-093. As discussed in the interview, our team fully understands, and accepts, the revisions to the scope of work made by the City. To demonstrate our team's understanding and acceptance of the City's revisions, we have revised our original response to RFQ 21-093 via a red- line and strikethrough format. In this format, the City will be able to easily identify the changes we have made to our proposal and approach to align to the City's expectations for professional services. eft yrOULq lof data contained on this sheet is subject to th6Asfrictl(8 on the title page of this propg2/(210 2h. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal As the leader of our California Public Sector Practice, I am authorized to commit the firm to agreements. Thank you again for the opportunity for us to demonstrate how we can support the City. Our proposed Scope of Services and cost proposal are valid for 90 calendar days. If you have any questions or would like to schedule a presentation by our team, please contact me, Graeme Finley (graeme.finlev(@us.gt.com or 571-242-0478) or our contract specialist, Virginia Dawson (virginia.dawson(cDus.gt.com or 512-692-1235). Sincerely, Graeme Finley Principal T +1 571 242 0478 1 E graeme.finley@us.gt.com eft yrOULq lof data contained on this sheet is subject to th6AsWcJc9 on the title page of this propg2/(2102021. Grant Thornton Public Sector LLC Table of Contents City of Santa Ana I RFQ 21- 093 Revised Proposal 1.0 Agreement Statement....................................................................................................................... 4 2.0 Firm and Team Experience.............................................................................................................14 2.1 Description of Grant Thornton..................................................................................................... 14 2.2 Project Manager: Dustin Hinkel................................................................................................... 14 2.3 Staff Experience and Resumes................................................................................................... 17 2.4 Proposer's Experience Providing ARPA Consulting Services .................................................... 20 2.5 Data Requirements from City......................................................................................................31 2.6 Limits on Liability.........................................................................................................................32 2.7 Warrant of Errors and Omissions Insurance...............................................................................32 2.8 Authorized Signer........................................................................................................................32 2.9 Pending Legal Actions and Litigations........................................................................................ 32 3.0 Cost Proposal..................................................................................................................................33 4.0 Certifications....................................................................................................................................35 4.1 Attachment A: References......................................................................................................... 35 4.2 Attachment B: Proposer's Statement..........................................................................................38 4.3 Attachment C: Non -Collusion Affidavit........................................................................................40 4.4 Attachment D: Non -Lobbying Certification..................................................................................43 4.5 Attachment E: Non -Discrimination Certification..........................................................................45 4.6 Attachment F: Resumes..............................................................................................................48 5.0 References...................................................................................................................................... 61 6.0 Evidence of Financial Capacity.......................................................................................................62 7.0 Insurance......................................................................................................................................... 63 List of Tables: Table 1: Features and Benefits.....................................................................................................................3 Table 2: Grant Thornton's ARPA Consulting Experience...........................................................................20 List of Figures: Figure 1: Organizational Chart....................................................................................................................17 Figure 2: Grant Thornton Personnel Experience........................................................................................17 GKyr(!3y5U Jof data contained on this sheet is subject to th63rJs1ric2:@ on the title page of this prop42/2VOW21 iii Grant Thornton Public Sector LLC Executive Summary Background City of Santa Ana I RFQ 21- 093 Revised Proposal The American Rescue Plan Act (ARPA) of 2021 is the latest COVID-19 stimulus package approved by the U.S. Congress and signed into law by President Biden on March 11, 2021. ARPA is a $1.9 trillion economic stimulus bill. Within ARPA, the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) provides $350 billion in direct funding for states, municipalities, counties, tribes and territories including $130 billion for local governments. The SLFRF provides a substantial infusion of resources to help cities like Santa Ana with economic stabilization, equity realization and the pursuit of fiscal recovery. In response to the extraordinary and unprecedented social and economic impacts of the ongoing, public health emergency caused by the Coronavirus pandemic, the City of Santa Ana developed and adopted the Revive Santa Ana Spending Plan. This comprehensive response and recovery program will provide critical investments to enable the successful continuation of the City's short-term response and long-term community recovery. Critical priority projects have been identified to support the recovery through direct program assistance; public health and safety initiatives; investments in critical infrastructure; and supporting the City's fiscal health. To implement the Revive Santa Ana Plan, the City requires assistance with navigating and complying with the evolving and complex regulatory and programmatic guidance frameworks developed for the various funds created by ARPA, specifically the SLFRF. The City is seeking support with project eligibility determinations, developing and supporting required program reports, compliance with the Uniform Guidance (2 Code of Federal Regulations (CFR) 200)' for administrative requirements, cost principles procurement requirements, and subrecipient monitoring. Grant Thornton and the Grant Thornton Team. At Grant Thornton, we believe in making business more personal and building trust into every result. We are committed to quality, purpose -driven results and value relationships. Grant Thornton's risk services portfolio includes solutions that offer program management, equitable distribution of funds, emergency grants management, fraud detection and prevention, internal controls, eligibility quality assurance, pre - audit readiness and strategic program integrity services, We assist clients overcome the complex regulatory landscapes to implement critical projects and social services that meet the needs of citizens and their communities. Our team is comprised of former state finance directors, city and county administrators, mayors, governors, grants specialists, and government financial managers who have seen firsthand what it takes to make financial recovery successful. In California, we support pandemic relief funding requirements for Marin County, Golden Gate Bridge and the Southern California Regional Rail Authority (Metrolink). We serve governments at the federal, state, and local levels, which has afforded us a unique perspective on the obstacles inherent in managing federal grant and audit readiness processes. Grant Thornton Public Sector LLC is a wholly -owned subsidiary of a large CPA firm (Grant Thornton LLP) with a track record of 97 years serving clients in audit, tax and advisory services across 51 offices in the United States. We have solidified our commitment to serving clients in California by establishing offices in Irvine, Los Angeles, Sacramento, San Diego, Silicon Valley, and San Francisco. On December 26, 2013, OMB Circular A-133 was superseded by the issuance of 2 CFR part 200, subpart F. Among other things, those changes increased the audit threshold to $750,000 for auditee fiscal years beginning on or after December 26, 2014 and made changes to the major program determination process. The Compliance Supplement (Supplement) is based on the requirements of the 1996 Amendments and 2 CFR part 200, subpart F, which provide for the issuance of a compliance supplement to assist auditors in performing the required audits. eft yrOULq lof data contained on this sheet is subject to th6Asiric24 on the title page of this propg2/(2J0 _Mh. 1 Grant Thornton Public Sector LLC Features and Benefits City of Santa Ana I RFQ 21- 093 Revised Proposal As discussed throughout our response, our team offers several differentiators s. As a large firm, we provide cost-effective access to specialized expertise as questions arise. We pride ourselves on delivering excellent client service and staffing our engagements with true subject matter experts. I Features of Our Approach I Benefits to the City of Santa Ana I Evidence I Comprehensive Understanding of Balanced advice, and consideration Our knowledge of the full recovery Recovery Funding Options for similar program models when landscape uncovered opportunities reviewing eligibility. to maximize program dollars for New Castle County (FEMA PA/CRF) and healthcare clients (PRF/FEMA PA) Compliant, Efficient Reports Specialized Expertise in Lost Revenue Calculations Specialized Compliance Monitoring Expertise Experienced Audit Readiness Grant Thornton, as one of the nation's largest audit, tax and advisory firm, is well equipped to support the City's ARPA reporting needs. Our team will build and maintain a framework to efficiently extract and analyze data required for reporting project performance. Defensible lost revenue calculations. Our understanding and close monitoring of US Treasury OIG guidance will confirm that costs claimed are substantiated and compliant with current legislation and any and all updates to existing guidelines. The City will have access to all the knowledge we've gathered throughout our interactions with Federal and state agencies, including communications, best practices and compliance playbooks that have been tested against regulatory frameworks such as 2.CFR.200. These resources are constantly updated by our Subject Matter Experts who are supported by dedicated policy analysts. The proposed team includes a dedicated single audit subject matter expert and the City can tap into an extensive network of public sector auditors In our service to the nation's largest healthcare systems our grants team built custom templates to assist our clients identify, calculate, and report expenses and lost revenues attributable to COVID-19 in compliance with Provider Relief Fund requirements. For the past 3 years, the Grant Thornton team has efficiently completed over 250 federal fiscal accountability reports, on a quarterly basis, on behalf of the state of Florida's Region 4 subrecipients across 8 counties to the Public Assistance Program Our team has helped dozens of clients interpret, understand, and apply methods to calculate and demonstrate lost revenues. Grant Thornton has served as a Uniform Guidance compliance monitor for the states of Florida and Texas to efficiently review and provide compliance risk assessments and corrective action plans on over 3,100 applications for the reimbursement of over $285M through the Public Assistance Program Grant Thornton's New Castle CRF management team has drafted several eligibility and position statements on behalf of the County to align project costs to the Treasury's guidance requirements and 2 CFR 200 best practices. In supporting the state of Florida and New Castle County, the Grant Thornton team compiles and maintains support and justification documentation in organized packages specifically set up to assist clients and demonstrating eftyrOULq lof data contained on this sheet is subject to th6Asiric_92 on the title page of this propg2/(2J0 _Mh. 2 Grant Thornton Public Sector LLC Specialized training developed and delivered by subject matter experts Infor Experience Table 1: Features and Benefits Response Through our teams' interactions with City staff, we will be able to identify potential training opportunities to enhance the City's understanding of prevalent reporting and compliance risks for COVID-19 relief funding Infor is a strategic teaming partner for Grant Thornton. We have a deep bench of resources with experience implementing Infor's Lawson ERP product City of Santa Ana I RFQ 21- 093 Revised Proposal compliance auditing standards and best practices Grant Thornton has developed and delivered a training program related to both FEMA Grants Management and COVID-19 CARES Act, as well as supporting documents related to procurement practices, documentation requisitions, and program administration. This would help the City gain the subject matter expertise as they relate to the CARES Act and grants management. Infor is a strategic teaming partner for Grant Thornton, with a particular focus on serving Public Sector customers. We have a deep bench of resources with experience implementing Infor's Lawson ERP product, and were named Infor's overall Partner of the Year in 2019. Our response provides a competent, professional team with expertise helping local governments and entities navigate the complex and dynamic regulatory environment of COVID-19 response, recovery, and relief funds. As demonstrated throughout our response with our extensive experience, we provide the City with the confidence that decisions made, and actions taken to advance the goals of maximizing its residents' recovery from the impacts of the COVID-19 public health emergency, will be based on experience and expertise. eft yrOULq lof data contained on this sheet is subject to th6msfricn on the title page of this propg2/(2J0W_DJ. Grant Thornton Public Sector LLC 1.0 Agreement Statement City of Santa Ana I RFQ 21- 093 Revised Proposal Grant Thornton accepts in principle the contract terms and conditions included in the solicitation as drafts of certain provisions of a contract, the final terms of which we anticipate being mutually negotiated through clarifications, changes and additional provisions to cover the circumstances of the engagement as finally awarded. Grant Thornton reserves the right to negotiate the terms and conditions outlined in the City's solicitation and as required by our industry professional standards for the mutually agreed upon scope of services to be provided to the City by Grant Thornton. We are confident that we will be able to come to a mutually satisfactory agreement with the City regarding terms and conditions, as we have many times in the past in similar procurement situations with public sector entities. The included terms and any specified exceptions shall not be interpreted to prohibit Grant Thornton from proposing additional or alternative contract terms and conditions during negotiation of the final contract upon award. Oft yrOULq lof data contained on this sheet is subject to th6Asiric24 on the title page of this propg2/(2J0 _Mh. 4 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 2.0 Firm and Team Experience 2.1 Description of Grant Thornton Grant Thornton LLP is the U.S. member firm of Grant Thornton International Ltd, one of the world's leading organizations of independent assurance, tax, and advisory services. Proactive teams, led by approachable partners, use data, best practices, experience, and instinct to understand complex issues for public sector, privately owned, and publicly listed clients. More than 8,000 Grant Thornton personnel, across over 51 offices (including six across California - Los Angeles, over 250 partners, managers and staff in our Orange County office, Sacramento, San Diego, San Francisco and Silicon Valley), are focused on making a difference to clients, colleagues and the communities in which we live and work. Grant Thornton Public Sector Practice Grant Thornton launched its Public Sector Advisory Services in 1997. Since then, we have provided grants management and compliance services across the spectrum of federal, state and local agencies. We bring subject matter experts to assist in designing an overall framework under which recovery program funds are evaluated and planned. We help the City conduct necessary analyses to understand the eligibility restrictions and compliance requirements of proposed projects for SLFRF funding. In this manner, program goals are established to align funds where and when they are needed. In reviewing the scope of work, a clear foundational requirement for grants and financial management experience exists. This is a core competency within Grant Thornton Public Sector, and for the firm as a whole. At the Federal level, we have provided grants oversight and grantee technical assistance services on behalf of the largest awarding agencies in government. At the State and Local levels, we help recipients manage hundreds of direct federal grants and state -pass through grants, including detailed reviews of eligible expenses. We currently provide clients with COVID-19 relief fund support across the funding life cycle. Recent examples include engagements by the counties of New Castle, Delaware and Marin, California to help them manage CARES Act, ARPA and other COVID-19 relief grants by administering pass -through funding to hundreds of subrecipients. We provide these recent examples in our past performance write- ups. During the COVID-19 pandemic, members of our proposed team assist dozens of non-profit, and for - profit, healthcare providers manage and report on the use of over $640 million in payments from the Department of Health and Human Services' Provider Relief Fund. 2.2 Project Manager: Dustin Hinkel Mr. Hinkel is a dynamic and innovative leader with over 12 years' experience in the fields of emergency management and local government administration. Dustin began his career in emergency management and public service by focusing his university education on the physical and societal effects of natural and technological hazards. He leveraged his education and continued his professional development to become the youngest County Emergency Management Director and, later, County Administrator in the state of Florida. His special expertise is in the areas of local government administration, grants management, crisis response, management, and recovery, strategic planning, and policy development and implementation. Representative Sample of PRF Clients Dustin Hinkel as a key delivery team member Client Location tlantiCare Egg Harbor, NJ HRC New York City, NY Beebe Health Lewes, DE Berkshire Health Pittsfield, MA Doylestown Hospital PA —Doylestown, Geisin er Health Danville, PA Grand View Health Sellersville, PA Indiana University Health Indianapolis, IN Maine Health Portland, ME Rutgers University Health New Brunswick, NJ St. Francis Health Girardeau, MO —Cape St. Joseph Hospital System Paterson, NJ Wells an Health York, PA Mr. Hinkel has led teams providing financial management and advisory services to recipients of federal funding from every major Coronavirus related legislation passed by the Congress, including the State and Local Fiscal Recovery Fund (Treasury), Coronavirus Relief Fund (Treasury), Provider Relief Fund (Health and Human Services), and COVID-19 Public Assistance Program (Homeland Security). eftyrOULq lof data contained on this sheet is subject to 14th6msiricM on the title page of this propg2�(2� J0W_M . Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Hinkel will be responsible for leading the GT Team in its day-to-day operations supporting the City's team implementing, monitoring, and reporting the City's Revive Santa Ana Spending Plan. He will be available to the City, at the City's team's convenience, via email (dustin.hinkel(c_us.gt,com) and phone (850-545-7355). Dustin M. Hinkel, MA Dustin's Outstanding Qualifications for Project Manager • COVID-19 Relief funding experience includes: — Project Manager - Town of Elsmere, DE, State and Local Fiscal Recovery Fund ($5M) — Project Manager — New Castle County, DE, Coronavirus Relief Fund ($322M) — Project Manager — Berkshire Health Systems, MA, FEMA Public Assistance ($9M) — Subject Matter Expert — Multiple Healthcare Systems — Provider Relief Fund ($640M) • Mr. Hinkel's experience in local government includes service in the roles of County Administrator, Emergency Management Director, Assistant County Administrator, and Purchasing Director. • Mr. Hinkel is a Subject Matter Expert in the interpretation and application of the uniform administrative guidance for federal awards Mr. Hinkel meets or exceeds all requirements for Project Manager as stated in the SOW. Relevant Experience COVID-19 — Town of Elsmere, DE State and Local Fiscal Recovery Fund Management - Dustin serves as Project Manager leading engagement staff to assist the Town of Elsmere, DE manage, disburse, and document its payment from the US Treasury's State and Local Fiscal Recovery Fund. Mr. Hinkel performs research into the underlying legislation and guidance to produce eligibility determinations and justification documents on behalf of the Town. He also provides management consulting services to the Town and advises on support documentation and systems to maintain compliance with uniform administrative guidance for federal awards. COVID-19 — New Castle County, DE Coronavirus Relief Fund Grant Management - Dustin serves as Project Manager leading engagement staff to assist New Castle County, DE manage, disburse, and document its allocation of $322,000,000 from the US Treasury's Coronavirus Relief Fund. He manages a team of 9 testers reviewing over 336 applications received by NCC from Subrecipients. Dustin developed and implemented the tools and policies that the testers use to evaluate Subrecipient applications and supporting documentation for compliance with federal, state, and local policies and guidance. Dustin reviews internal applicable policies and procedures as well as newly created community grant programs and advises on compliance risk based on his research of the US Treasury's latest programmatic guidance and his experience managing federal and state disaster response and recovery grant programs. He continuously monitors the US Treasury for updates and clarifications to its reporting and programmatic guidance and develops position papers to inform the engagement team and the client of the impact of any observed changes. Dustin also assists NCC in the identification of costs eligible for the FEMA Public Assistance Program and leads the formulation and submission of project applications. COVID-19 — CARES Act and FEMA Public Assistance Implementation - Dustin serves as a Subject Matter Expert and the day-to-day engagement manager directly coordinating with and serving six hospital systems located throughout the United States, St. Joseph's Regional Medical Center in New Jersey, Berkshire Health System in Massachusetts, Doylestown Hospital in Pennsylvania, BayHealth in Delaware, Calvary Hospital in New York, Rutgers Behavioral Health System in New Jersey, and Grand View Hospital in Pennsylvania. He also serves as an as -needed grants management Subject Matter Expert for service lines throughout the firm regarding state and federal grant programs created in response to COVID-19. He leverages his grant management experience to review clients' cost documentation practices and develop and implement solutions to bring those practices into compliance to receive funding from the Departments eft yrOULq lof data contained on this sheet is subject to th6msfricM on the title page of this propg2�(21OW2rj. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal of Health and Human Services, Homeland Security, Commerce, and other federal and state funding agencies. He monitors and researches several funding opportunities, including DHHS's Provider Relief Fund, FEMA's Public Assistance Program, Treasury's Coronavirus Relief Fund, and FCC's Telehealth Program, and develops, implements, and manages funding strategies tailored to the needs of each client to maximize funding opportunities and returns on COVID-19 related costs and minimize risk for duplication of benefits. To date, Dustin has assisted his clients in the application, receipt, and allocation of over $200 million in funds received for the reimbursement of COVID-19 related costs. In his engagement with Berkshire Health Systems, Dustin has the led the formulation and submission of six applications to FEMA's Public Assistance Grant Program seeking reimbursement of over $8.5 million in emergency protective measures costs related to COVID. Dustin researched and developed cost justification narratives, summarized costs, compiled supporting documentation, and serves as a point of contact for BHS for questions regarding the applications. Florida Division of Emergency Management Region 4 Public Assistance Grants Management - Mr. Hinkel serves as a Team Lead within the FDEM Irma Public Assistance Program management engagement supervising a team of 8 grant management specialists and is responsible for the validation and management of over 85 disaster recovery projects totaling over $100 million in state and federal grant funding. The team, under Dustin's supervision and management, analyzes and validates 100% of Subrecipient supporting documentation for compliance with state and federal policy requirements. Dustin has innovated and implemented several process improvements and workflows to standardize procedures resulting in superior quality and maximum efficiency. Mr. Hinkel is often consulted by Team leadership, FDEM, and the over 1,200 subrecipients served by the Team as a Subject Matter Expert in the areas of grant management, 2 CFR 200 compliance, and state and local government fiscal accountability processes. As the Team Lead, Mr. Hinkel is responsible for the quality and delivery of all deliverables, communication with Subrecipients, and the performance of disaster recovery project site inspections. Taylor County, Florida Board of County Commissioners - Mr. Hinkel served the residents of Taylor County, Florida in multiple roles including as County Administrator and Emergency Management Director. As the County Administrator, Mr. Hinkel was responsible for all planning and operations of the county including providing overall supervision and leadership in the provision of critical public services to the residents and visitors of Taylor County, Florida. He reported to and coordinated with the elected board of County Commissioners to develop, implement, and monitor official policies, directives, and ordinances. Mr. Hinkel was responsible for negotiating, on behalf of the Board, all contracts and agreements with local constitutional officers, hospital executives, and state and federal agencies. He was responsible for developing for approval and implementation the county's annual operating and capital budget. As Emergency Management Director, Mr. Hinkel led the County's Emergency Response Team in its response and recovery from Hurricane Hermine, Tropical Storms Andrea and Debby, Deepwater Horizon, and several local non -federally declared emergencies. During these emergencies he built and oversaw the County's incident command system, including public information operations and state and federal agency coordination. During non -emergencies, he was responsible managing the day-to-day operations of the department including state and federal grants management and maintaining the county's all - hazards planning, training, and exercise program. Work H ■ Grant Thornton Public Sector LLC, August 2018 - present Disasters, Strategies, and Ideas Group, LLC, January 2017 — July 2018 ■ Taylor County Board of County Commissioners, December 2009 — December 2016 Education and Certifications M.A., Natural and Technological Hazards Geography, University of South Florida B.S.SCL, Environmental Science and Policy, University of South Florida Oft yrOULq lof data contained on this sheet is subject to th6Asiric_W71 on the title page of this propg2/(2J0 _Mh. 16 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 2.3 Staff Experience and Resumes Grant Thornton provides a Program Accountability Office (PAO) to assist the City in managing and reporting upon recovery funds. The Program Controls and Standards and Reporting and Data Compliance teams assist the City in documenting an overall recovery framework to guide funding decisions, to identify and optimize grant opportunities, and to assess the eligibility of proposed uses. Our Federal Funding Compliance team establishes and documents foundational internal controls to enable compliance, conducting tests of internal controls on an agreed upon schedule. Below is an organizational chart demonstrating how our team is organized to meet the City's needs. Also included in this section is an experience matrix to concisely summarize our team's experience with the essential duties as outlined in the RFQ and brief background information for each of our team members. As requested in the RFQ, the resumes of all professional staff, detailing their educational background and relevant experience, are supplied in Section 4.6: Attachment F. As discussed in the October 28, 2021 interview, our team is experienced in working with public sector staff with varying experience and knowledge of federal uniform guidance requirements for the management of awards. Our approach to supporting the City's project managers will be tailored to each manager's experience and understanding of federal grants management processes and requirements. In all interactions, our team will prioritize education as part of our communications with project managers to enable increased efficiency in efforts for data gathering and reporting. Due to the size and ambiguity of the federal COVID-19 grants programs, each of our engagement teams have a federal Single Audit subject matter expert attached. Rachel Stushek will serve in this role and has experience developing training for public sector audiences on Uniform Guidance compliance and best practices. Upon the City's request, this training can be delivered in a manner to allow for earning CPEs. Figure 1: Organizational Chart Subject Matter Specialists David Barth State and Local Grants Compliance Rachel Stushek Audit Readiness City of Santa Ana Cross -Functional Expertise Support Team Figure 2: Grant Thornton Personnel Experience eftyrOULq"lof data contained on this sheet is subject 1 oth6mstricn on the title page of this propg2�(21OW21. Grant Thornton's Team Knowledge and Comparable Experience Reynolds, MBA, PMP ment Partner Morton-Huddleston, MBA, PMP, CGFM eer Hinkel, MA IM t Manager Poupee Kim, CICA Federal Funding Compliance Supervisor Christina Suthammanont, PhD, PMP Program Controls and Standards Supervisor Khiry Burke RData Compliance Supervisor Rk Audit SME Barth and Local Grants Compliance SME na Koo Functional Expertise Support Eric Fey Cross -Functional Expertise Support Tim Luzano Senior Compliance Specialist C Q Q N O w a5 d d r •> w LL Q N V aS N N LL J M >' O C Q 'O L •L O R p> E 2 a3 w M Q a� R y.. �� c w ; EW 0 CL 2E� R Q �° •V d `� N W G u° C i N= 3 N — r C O !' •O .+ Q > .� d 3 N C O �a V 3 �v L N V R V T O ++ £ N a) ate+ O E_ C RS R w E a) V d c a c E N CL u_ c O E-0 •— as as —y fa CL O_ V N O V O V V of W N d '� Oj d E N d R V r V L C N C OI 0 V C "C� "C� 41 'a i dL' Qi�d >, y �'a d> > LL > LL •> .«O, 3 O yw 'a_ -O 0 7 ar -O a)'3 V O to a O J a� O J a`� O R� d a` EQW > j R >. d > = "— d O 0 H iU Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal and authorities). Ms. Reynolds brings 20+ years of consulting experience, including 10+ years leading risk management (including grants management) engagements. ■ Poupee Kim, Federal Funding Compliance Supervisor. Poupee is a seasoned manager with extensive experience in providing disaster recovery, program management support and grant administration to federal, state and local governments. Her specific focus has been on Community Development Block Grant (CDBG) programs and FEMA Public Assistance funding, in the wake of Hurricanes Katrina, Rita, Ike, Irma and Michael. Ms. Kim has 15 years of quality control review, professional services and oversight consulting experience to state, local and federal government stakeholders. She is a Certified Internal Controls Auditor (CICA). ■ Dr. Christina Suthammanont, Program Controls and Standards Supervisor. Christina is a Senior Associate in Grant Thornton's Public Sector Digital Transformation and Management practice. Combined, she has twenty years' experience in higher education, customer engagement, resource optimization, and workforce analytics. She has led numerous independent and collaborative research projects, from initial documents review and data collection through analysis, reporting, and presenting to both technical and non -technical audiences. Christina has a doctorate (PhD) in quantitative political science and holds certification as a Project Management Professional (PMP). ■ Khiry Burke, Reporting and Data Compliance Supervisor. Khiry is a Senior Associate in Grant Thornton's Public Sector Risk Advisory and Management practice. Mr. Burke has 5+ years of experience in internal auditing, financial analysis, contracts compliance, federal grant monitoring, project database management, and support of system update/modernization. Khiry has lead teams through the Compliance Monitoring life cycle that resulted in quality deliverable submission. David Barth, State & Local Grants Compliance Subject Matter Expert. Dave will advise on all requirements of the ARPA/SLFRF award. He has over twenty years of experience with grants and financial management systems and over forty years of experience working with state governments focused on financial management solutions and advisory services. He leads multiple state and local government engagements supporting CARES Act, ARPA and FEMA disaster recovery activities. He has extensive experience with governmental business operations and is considered a subject matter expert in many fields within the firm. Prior to joining Grant Thornton, he was the Director of Budget and Finance for the New Jersey Department of Environmental Protection and was responsible for the overall financial management of the Department's operating budget, federal grant programs and debt funding. Rachel Stushek, Audit Subject Matter Expert. Rachel has over 17 years of experience providing auditing support to non-profit organizations. Ms. Stushek has approximately 4 years of experience working with Federal entities. She has experience serving under audits that were performed under Government Accountability Office (GAO) "Yellow Book" auditing standards, American Institute of Public Accountants (AICPA) auditing standards, and OMB Circular A-133/uniform guidance. Rachel leads audit and assurance engagements providing quality assurance role, risk management and serves as a consultative resource for technical questions and issues for various audits, performance audits, and examinations. ■ Susanna Koo, Cross -Functional Expertise Support. Susanna is a Senior Associate at Grant Thornton's Public Sector Los Angeles office with over 3 years of professional management consulting experience. Ms. Koo has led projects and teams to success utilizing strategic business planning. She has a strong ability to support all business functions and prioritize tasks to execute project deliverables. ■ Eric Fey, Cross -Functional Expertise Support. Eric is an adaptable professional applying general government experience in the public sector while located in our Sacramento office. Eric demonstrates proven talent for analyzing problems using data, developing, and simplifying procedural improvements and operations design. He has developed a particularly strong understanding of the following areas: technical report research, writing and editing, statistical Analysis, and project management. ■ Tim Luzano, Senior Compliance Specialist. Mr. Luzano is a Manager with Grant Thornton Public Sector, LLC. He is an accomplished data management practitioner overseeing engagements eft yrOULq lof data contained on this sheet is subject toth6msfrict3i on the title page of this propg2�(2J0W_M �. 9 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal regarding data governance, data quality, and data integration. Mr. Luzano is also an accomplished finance professional with demonstrated ability performing financial analysis including, but not limited to Income Statement analysis, Budgeting, Forecasting, and Cost Planning. Mr. Luzano has extensive Public Sector experience working with Texas Department of Transportation (TxDOT), Utah Department of Transportation (UDOT), and Hawaii Department of Transportation (HDOT). 2.4 Proposer's Experience Providing ARPA Consulting Services Outlined in the table below, Grant Thornton lists the specific tasks in the scope of services and has compared six relevant engagements and how our team completed similar tasks. Below the table, we have provided a detailed summary of the similar services performed in relation to those requested in the RFQ scope of work. OProject Management and J J J J J J Coordination OStrategy Development and Implementation J J J J J U Internal Controls J J J O Eligibility Determination and Risk Assessment J J J J J J OProcurement Reviews J J J J Compliance Reviews & Reporting Support J J J J J J OAudit Preparation Assistance J J ® Internal Communications J J J J J OPublic Sector Finance J J J J J J Table 2: Grant Thornton's ARPA Consulting Experience OO ®®®O Golden Gate Bridge, Highway and Transportation District (April 2021 - Current) - Grant Thornton currently provides support to manage the cost recovery and reimbursement of costs incurred as a result of the COVID-19 Pandemic. Providing expertise related to the FEMA Public Assistance (PA) process, public sector finance and grants management, as well comprehensive strategy to maximize and expedite reimbursement. Our team is responsible for assisting the District's Finance department with documenting processes in compliance with FEMA regulations. We categorize and track costs in support of the financial reimbursement process and provide recommendations on inter -departmental charges and intra-state mutual aid requests for response activities. Sample projects include emergency operations center, personal protective equipment (PPE) and COVID-19 vaccination distribution. OO®O® ® O County of Marin, Department of Finance (December 2020 — Current) - Grant Thornton currently supports the County by providing Disaster Cost Recovery Services and grants management support for FEMA's Public Assistance program for costs incurred due to the COVID-19 pandemic. We are guiding the County through the FEMA reimbursement process by providing programmatic and hands-on support in the formulation and processing of PWs and documents for and through FEMA's Grants Portal. This effort confirms that the costs claimed in these PWs comply with applicable local, state, and federal laws, regulations, executive orders, and FEMA regulations. Additionally, our team is responsible for recommending and assisting in the establishment of eftyrOULq"lof data contained on this sheet is subject ttothamstrict3, on the title page of this propg2�(2J0W_M �. 0 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal programmatic document control, file retention system and data management process to validate that disaster records are complete and ready for audit, assisting in the identification and pursuit of additional federal and/or state grant funding to bolster recovery efforts, and issuing recommendations for improving the County's grants management processes to maximize their available federal funding. We conduct testing for cost categories such as labor, rental equipment, mutual aid and management costs. ®o®o©o ®o New Castle County (August 2020-present) -Grant Thornton currently provides subrecipient monitoring and pre -audit readiness services to New Castle County related to their subawards of CARES Act funding. Our team assisted the County in formulating a strategy to verify compliance with federal policy by developing a comprehensive subrecipient monitoring policy. This policy includes issuance of subgrant agreements, as well as a comprehensive risk assessment. Grant Thornton also created a scoring matrix to tailor subrecipient monitoring using a risk -based methodology. Our team developed a software -based tool which enables the County to automate the self -assessment survey process for subrecipients. This tool saves the County time and effort by collecting and compiling data which can be entered into the risk assessment. ®®®o ®®o Metrolink (June 2020-September 2020) -Grant Thornton assisted Metrolink with CARES Act implementation and financial modeling services that enabled internal/external reporting to support audit readiness, transparency reporting, and compliance with applicable program requirements. Our professionals aided Metrolink in managing claims to recover eligible expenses and lost revenues from COVID-19 with the primary focus on recoveries from the Federal Transit Authority (FTA) and FEMA. Our team developed an easily accessible internal executive dashboard available to our client for internal reporting. The dashboard provided key performance indicators and metrics that provided information on disaster planning, preparedness, and recovery regarding CARES Act expenses eligible for reimbursement, claim assistance, and FEMA reimbursement determination of eligibility. ®® o ®® ® o® o State of Florida, Division of Emergency Management (March 2018-present) - Grant Thornton is providing comprehensive grants management services to the State of Florida associated with their administration of FEMA's Public Assistance Programs. Our work begins with direct involvement in project worksheet (PW) approval and continues through project closeout. Our work involves reviewing PWs in Grants Portal before providing recommendations to the state to approve or return the project to FEMA for amendments. This review includes identifying documentation necessary to support claimed costs and reconciling those costs to the total eligible amount. Grant Thornton is providing 100% validation of all claimed costs consistent with Florida's contract requirement. Our work confirms that our client meets this requirement by monitoring subrecipients for compliance with applicable laws, rules, regulations, and policies, including 2 CFR 200, the FEMA Public Assistance Program and Guide (Version 4), and other sources of grants governance. Our compliance program is designed to verify expense eligibility by confirming that all claimed costs qualify as allocable, allowable, and reasonable. Grant Thornton enables our client to comply with federal laws governing pass -through entity responsibilities by managing the subaward and grant agreement process, reconciling eligible costs in their grants management system, and guiding subgrantees through validation to closeout by being a liaison between them and the State of Florida. To date we have processed over 1,800 reimbursements for 900+ projects amounting to over $180M in eligible costs related to $99M in federal funds. O®O ®® New Jersey Treasury (July 2015 — December 2021) - Grant Thornton was engaged by the NJ Department of Treasury to provide integrity monitoring of the recovery efforts of the Passaic Valley Sewerage Commission's (PVSC) $500 million in FEMA funded recovery work and oversee the procurement and contracting compliance of 12 engineering or construction contracts with values greater than $5 million. Grant Thornton's monitoring effort included a process review of PVSC's financial, administrative and procurement systems for compliance with FEMA requirements; compliance review of each project's procurement bid documentation; monitoring and Oft yrGULq Iof data contained on this sheet is subject ttoth6msfrict32 on the title page of this propg2�(2J0W_M �. 1 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal reporting of contractor schedules and deliverables, the financial auditing of contractor payments against the schedule of values, monitor labor payments for consistency with Davis -Bacon, and provide on -going support and advice to PVSC and the State Department of Treasury. Through our efforts Grant Thornton was able to identify areas of compliance risks and developed corrective actions. Grant Thornton provided specific recommendations to improve PVSC's procurement weaknesses and help develop contract language that would be compliant with federal procurement requirements. 2.4.1 Review City developed ARPA Spending Plan detailing proposed expenditures to validate compliance with ARPA (SLFRF) rules and guidelines, including screening expenditures, verifying eligibility, and providing recommendations Based on the revised scope of work and October 28, 2021 interview, the Grant Thornton team understands that the City will not require its vendor make eligibility determinations for the initial items referenced within the City Council's approved spending plan. From the interview, we understand that eligibility determinations may be needed for future proposed projects. Our team's approach has been purposefully designed to scale with agility to meet the City's requirements to collect and communicate the information necessary to demonstrate compliance with programmatic and federal regulatory requirements throughout the lifecycle of each unique project funded by the City's payment from the SLFRF. As discussed in the October 28, 2021 interview, one of the first steps our team will take will be to meet with the City's finance staff, and project managers as appropriate, to evaluate the current state of SLFRF funded projects and propose services, see Figure 2a, that best enable the City to continue to support each project's unique compliance requirements. Figure 2a: Team Grant Thornton's Comprehensive Grants Management Approach Phase 1: Pre -Award [Assess]> > Phase 2: Award [Procure] Phase 3: Post -Award Phase 4: Closeout [Monitor] ✓ Validate requirements ✓ Identify Initial risks ✓ Identik eligibility requirements '57 ✓Identify reporting requirements U ✓ Identih, performance outputs and outcomes ✓ Review policies and procedures for procuring necessary goods and services ✓ Review procurement methods and tools ✓ Identifv compliance and reporting gaps ✓ Review and validate cost supporting documentation ✓ Track project expenses to budget ✓ Identify and communicate compliance risks ✓ Track and communicate performance outputs and outcomes ✓ Assi$twith required reporting ✓ Reconcile project expenses to budget ✓ Compile supporting documentation ✓ Closeout outstanding corrective actions ✓ Cocument project performance • Eligibility Determination • Policies & Procedures Gap ProjectlSubrecipient Monitoring Project Closeout Memoranda memoranda Analysis Policy and Plan Final Performance Report m Compliance and Reporting • Recommendations for Corrective Action Memoranda Organized support Requirements guidance improvements to Project Performance documentation package procurementlsubaward Dashboard Continued audh support —oy materials SLFRF Required Quarterly and Annual Reports Governance and Culture Open and Accessible Communication- Audit Readiness Each phase of our team's approach is designed to contemporaneously generate the administrative documentation the City will need to demonstrate effective and compliant oversight of each SLFRF funded project throughout its lifecycle. Our team's culture of open and accessible communication and its governance of facilitating real-time audit readiness will guide our team's efforts in supporting the City's project managers. Each of the City's project managers will have access to the support they need through an assigned point -of -contact from Team Grant Thornton as well as the ability to contact Team Grant Thornton's Project Manager directly when needed. Our team will enable audit readiness by recognizing the phase in which each SLFRF funded project resides and begin working with the project managers to extract the data and information needed to produce the compliance deliverables depicted in the eftyrOULq lof data contained on this sheet is subject ttoth6msfrict3a on the title page of this propg2�(2� J0W_M . 2 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal approach. With our team supporting the City's administrative needs in the background, this approach allows the City's project managers to focus directly on the overall performance of the project. As discussed in the October 28, 2021 interview, if a project already has an eligibility determination, then our team will accelerate past Phase 1 of our approach to assess the project for opportunities to support in the administrative data and information collecting and communicating necessary to emerge from Phases 2 or 3. For future projects, the Grant Thornton Team is prepared to support the administrative needs of the City's project managers by seamlessly integrating into the project through open and accessible communication to extract the critical administrative data and information needed to demonstrate the project's compliance with programmatic and federal regulatory requirements with as little interruption as possible to the progress of the project itself or the overall operations of the project manager's department. By following the activities listed for each phase our team will develop and compile the documentation necessary to tell the project's compliance story in real team. By focusing on communication and audit readiness our approach is scalable and flexible to provide the city with only the services it needs. Our approach will include the following phases. • Phase 1: Pre -Award (Assess). In this phase our team will assess a project for its eligibility according to programmatic policies and guidance. Our team will commit to the foundation for the successful implementation of the project by vetting it through our eligibility determination process. Our team will work with the city to identify, analyze, and communicate the necessary information needed to demonstrate the project's eligibly through the Treasury's eligibility framework and tests. Our determinations will go further to also discuss and educate on the project's anticipated reporting and uniform guidance compliance requirements. • Phase 2: Award (Procure). Once a project has been determined, and properly justified, as eligible, our team will engage in assisting the city with documenting the procurement the critical goods and services needed to implement the project. Activities in this phase include the performance of policies and procedures reviews to identify gaps in adherence to compliance requirements and recommendations to mitigate risks for non-compliance. During this phase our team will enable the City to demonstrate compliance through the compilation of procurement and labor activity documents, documentation of procurement decisions in alignment with compliance best practices, and documentation of risk mitigation employed to bring practices into compliance. • Phase 3: Post -Award (Monitor). Demonstrating oversight of a project is a critical step in the process of communicating compliance to the federal government's uniform guidance for grant awards. Whether the project calls for the oversight of subrecipients, vendors, or force account labor staff and equipment, our team will assist the City in developing and executing monitoring plans designed to extract data and information necessary to meet reporting and compliance obligations. Our team will develop communications strategies and data capturing tools to meet the unique needs of the project and capabilities of the project managers. • Phase 4: Closeout. In our experience, the best time to focus on audit readiness is when all the decisions that made a project successful are still fresh in the team's mind. Our closeout phase is designed to be the final stop of the project's lifecycle wherein not only are expenditures reconciled to the project's budgets and progress reports, but the various procurement and programmatic decisions are revisited to enable an opportunity to completely align those decisions to programmatic requirements and guidance. Our team will reconcile all project expenditures to demonstrate consistency with the amounts reported by the city in quarterly and annual reports. Our team will also compile all determinations, justifications, procurement and oversight documents, and other support documents into one organized package ready for review by outside auditors. In implementing this approach to assist the city in its management of the disbursement of its payments from ARPA, our team will be supported by our Public Audit Subject Matter Expert, Rachel Stushek. Rachel has over 17 years of experience providing auditing support to non-profit organizations and 4 years of experience working with Federal entities. She has experience serving under audits that were eft yrOULq lof data contained on this sheet is subject ttoth6msfrict34 on the title page of this propg2�(2J0W_M �. 3 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal performed under Government Accountability Office (GAO) "Yellow Book" auditing standards, American Institute of Public Accountants (AICPA) auditing standards, and OMB Circular A-133/uniform guidance. Rachel will be available to the GT Team and the City's team to provide insight and guidance on the compliance risk for decisions ranging from procurement of services, management of subawards (contractors or subrecipients), cost reasonableness standards, and documentation compliance. The Grant Thornton's team expertise and experience in providing guidance on grant compliance is critical to the City's smooth implementation and management of ARPA (SLFRF) funds. Grant Thornton collaborates with City stakeholders to understand the goals and objectives of the Revive Santa Ana Spending Plan's (Plan) expenditure categories and confirm the alignment of those goals and objectives of ARPA SLFRF. Our team conducts a review of the Plan's proposed programs, services, and infrastructure projects for their eligibility as ARPA-funded projects. We have provided similar or identical eligibility reviews and compliance validation services for several entities seeking to maximize their CARES Act Coronavirus Relief Funds (CRF) and funding criteria of other federal agencies and non -government entities. For example, we currently support New Castle County, Delaware government in screening nearly 2,000 proposed teacher projects, which were to be processed through a vendor contractor, for their eligibility per CRF requirements as outlined in U.S. Treasury guidance and Frequently Asked Questions (FAQs). Subsequent reviews were performed on the specific items proposed within each project for their eligibility. Where appropriate, Grant Thornton diligently worked with our client to document the logic for accepting materials based on inferences drawn from Treasury guidance for items that may not have been explicitly referenced as examples of eligible costs. Thus, we are able to help our client maximize their use of CRF while maintaining eligibility and compliance requirements. In addition to the teachers' program, additional eligibility and compliance reviews and recommendations are provided for this client's paid administrative leave expenditures. The transfer of CRF from the County to multiple state programs include many that are comparable to the programs in the Revive Santa Ana Spending Plan (e.g., business assistance, child daycare, adult technical training program), and fire and municipality costs. Other clients for whom we have conducted expenditure eligibility reviews include: • Berkshire Health Systems, Inc. (April 2020-present) - Grant Thornton is providing a COVID- 19 eligibility and strategy program to Berkshire Health Systems by identifying where additional eligibility and/or separate claims are appropriate given the services and/or organizational ownership and structure of these organizations. Our role includes providing Berkshire Health tailored project activities, phasing recommendations, and outlined activities and work streams. • State of Florida, Division of Emergency Management (March 2018-present) — Grant Thornton is providing comprehensive grants management services to the State of Florida associated with their administration of FEMA's Public Assistance Programs. Our work involves reviewing Project Worksheets in Grants Portal before providing recommendations to the state to approve or return to FEMA for amendments. This review includes identifying documentation necessary to support claimed costs and reconciling those costs to the total eligible amount. With a 100% validation requirement, we reaffirm that our client meets this requirement by auditing subrecipients for compliance with applicable laws, rules, regulations, and policies, including 2 CFR 200, the FEMA Public Assistance Program and Guide (Version 4), and other sources of grants governance. Our compliance program is designed to verify expense eligibility by confirming that all claimed costs qualify as allocable, allowable, and reasonable. Grant Thornton enables our client to comply with federal laws governing pass -through entity responsibilities by managing the subaward and grant agreement process, reconciling eligible costs in their grants management system, and guiding subgrantees through validation to closeout by being a liaison between them and the State of Florida. • State of Texas, Division of Emergency Management (TDEM) (October 2011-June 2018) — Grant Thornton provided support for program management of FEMA subgrants to local governments in Texas impacted by the presidentially declared flooding disasters in 2015 and 2016. Our work involved review and approval, on behalf of local governments (FEMA eft yrOULq lof data contained on this sheet is subject ttoth6msfrict35 on the title page of this propg2�(2J0W_M �. 4 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Subrecipients), the scope and funding allocations provided by FEMA, managing the execution of subgrant agreements with the local governments; providing project oversight and quarterly reporting to TDEM and FEMA; reviewing compliance with FEMA program requirements; and providing reimbursement recommendations to TDEM based on authorized expenditures and compliance with procurement processes. 2.4.2 Provide assistance with preparation of ARPA (SLFRF) compliance reports As discussed in the October 28, 2021 interview, the City will have access to Grant Thornton's complete data analytics team to receive feedback on the City's dashboard. Grant Thornton has deep experience in 2muts Management Executive Summary Dashboard developing, deploying, and maintaining both internal and public facing dashboards for public sector clients Total Obligations Federal Obligations Non -Federal Funding throughout the country. Grant Thornton $3,337,827,981 $744,292,889 $7,903,358 takes a unique approach to developing dashboards by taking a collaborative L_ and business focused approach. Our Top 10CFDAltemsbyF ndmg Top 1OAwarding Agen esbyFunding FundingAll—tio� team will meet with senior leadership to thoroughly understand the City's goals and objectives and develop meaningful °m3M Key Performance Indicators (KPIs) 36, related to the City's Performance Management Initiatives. Our data and Figure 3. Example of Executive Dashboard analytics team leverage a hierarchical, drill -down approach to building dashboards. We have experience building executive summary dashboards that provide senior leadership with a one -stop, at a glance view to see total ARPA funds, where the funds are being distributed, and to which agency. An example dashboard we have developed for other clients is shown in Figure 3. We also have the ability to develop dashboards at the Performance Management Initiative level. Typically, these initiatives are tied to the State's Strategic Plan (e.g., Broadband, Economic Development, and Sustainability). We have experience collaborating with the Program Managers to develop high level KPIs to monitor stimulus funding activity. We have integrated dynamic drill down capabilities which allows the users to research various metrics such total obligations, budget requested, funding approved, and amount disbursed. Grant Thornton also has the Households capability to take geospatial Median HHI approach to our grant g1 6 M & $54'8k management analytics. This approach takes Grant ■ With Broadboand Management reporting to ` Households RaGa1 re kd° the next level by -AL � 329.4k transforming static, tabular data into visually appealing Below Poverty Level maps letting the users Figure 2b. Example of Broadband Equity Dashboard clearly identify where their projects are located. Our maps are integrated into interactive dashboards that allows the users to drill down and analyze data by boundaries such as congressional districts, zip codes, and census tracts. Additionally, we apply layers to the map to transform data into information that allows the users to generate actionable insights. Examples of applicable layers include COVID case counts and racial/demographic data to show equitable distribution of ARPA funds. Grant Thornton's Data Analytics team is comprised with experienced and highly educated data scientists and analysts with a specific skill set for storytelling with data and has developed various business intelligence and data visualization dashboards for state and local government agencies. Additionally, our eft yrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2� J0W_M . 2 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal analytics team has web development skills with a deep understanding of web user experience and data integration. After our analytics team develops the various reports and dashboards, we can provide technical assistance with the aesthetics, user experience, functionality, and embedding of reports and dashboards into the City's website. In the event the City were to implement a comprehensive website with applicable communication strategy, Grant Thornton leverages Esri's Hub site which is a platform that allows for low code/no code web development. Esri Hub sites are particularly useful for internal and external communication and engagement with stakeholders. Our approach to building comprehensive websites focuses on displaying the central theme (e.g., Grants Management) on the home page. We have experience building sub -pages that correspond to the City's strategies or initiatives (e.g., Broadband, Sustainability, Economic Development) and embed dynamic, interactive, and engaging content such as dashboards as well as links to videos for educational webinars. As a recipient of a payment from the SLFRF with a population exceeding 250,000 residents, the City is required to comply with the SLFRF's most frequent and detailed reporting requirements. The City is required to submit quarterly Project and Expenditure Reports and an annual Recovery Plan and Performance Report. Grant Thornton has the expertise and tools to assist the City in maintaining compliance with the SLFRF's reporting requirements and elevate the quality of these reports to help the City use the reports to progress its communications goals. For example, we have assisted clients throughout the country complete and submit required reports to many federal funding agencies, including the completion of over 200 quarterly reports on behalf of the subrecipients of the state of Florida's administration of over $200 million of federal pass -through grants from FEMA's Public Assistance Program. Our team will optimize the City's efforts to develop and communicate its progress toward its recovery goals by infusing our tools and methods to assist in critical areas for information gathering and synthesis, including community engagement, data analysis, and performance measurement. Community Engagement. One way of promoting transparency is through community engagement. The flow of information must be a two-way street. We can develop Esri Hub pages that allow public facing information via interactive dashboards that can provide user specific (e.g., demographic, geographic, socioeconomic) data to various initiatives such as Emergency Rental Assistance, Economic Development, Health and Safety, and Sustainability. Data Analysis. Grant Thornton can provide the City with expertise on how to effectively Projects analyze and convey a story from an equity perspective with data. Our team of highly '_, L 21302 trained analysts not only have the technical skills for analysis (e.g., ETL, Business Diversity Index Intelligence, and Data Visualization), we also $4.4 th 10,636 have the skills to translate technical terms into "10 , Po"erry l "el relatable messages that foster comprehension Develop Insights. Additionally, our team of data scientists can take the analysis to the next level to develop insights from predictive and prescriptive models and algorithms to support data -driven decision making. An applicable use case can be applied to housing assistance by leveraging demographic, socio- economic, and geographic data and applying algorithms to determine who best would benefit from receiving funds, based on data and statistics. Performance Management. The key to success is monitoring progress. Grant Thornton has helped numerous State and Local agencies develop benchmarks and Key Performance Indicators (KPIs) regarding their Performance Management initiatives. Performance Management is especially crucial with Equity. A main component regarding Equity and Performance Management consists of a composite equity index score derived from eft yrOULq lof data contained on this sheet is subject ttoth6msfrict37i on the title page of this propg2�(2J0W_M �. 6 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal separate initiative equity index scores. The crux of many state and local agencies revolves around optimizing funds. Grant Thornton's analytics team would apply an optimization model to maximize equity indices by the proper allocation of funds. Bringing equity full circle, our Performance Management initiatives tie directly back to community engagement to demonstrate progress and transparency. 2.4.3 Assist in calculating revenue loss per ARPA (SLFRF) requirements As discussed in the October 28, 2021 interview, the Grant Thornton Team understands, and acknowledges, that the City does not require assistance with the calculation of revenue loss per ARPA (SLFRF) requirements and methods. To demonstrate our understanding, we have made the following updates to our technical approach regarding this subject. 2.4.4 Provide technical assistance to City staff regarding ARPA (SLFRF) compliance and reporting requirements, including, but not limited to, recommendations for activities allowed, eligibility, procurement, and reporting As discussed in Section 2.4.1, our approach will be tailored to identify and implement the unique compliance strategies needed for each project funded by the City's payment from the SLFRF and tasked to the Grant Thornton Team. Each member of our team has experience working with varying levels of knowledge and experience with the federal government's uniform guidance for grant awards. Our team will collaborate closely with each project manager to develop a communications strategy that makes sense for their understanding of guidance and compliance principles as well as the meeting within the project's timeline. Our team includes many former state and local government officials, who understand the pressures that project managers are under and will focus on adding value by viewing every interaction with a project manager as an opportunity to not only provide an administrative service, but to educate the project manager on the necessity of the administrative actions that need to be taken. This focus on education is deliberate. As a project manager's understanding of the program guidance and federal compliance requirements increases, the efficiency of our team's ability to extract and communicate information necessary to report and demonstrate compliance also increases. As discussed in the October 28, 2021 interview, our team has the capability of organizing and delivering more formal technical assistance training that has been accredited for CPE credits. The City's overarching goals for its administration of ARPA (SLFRF) funding seeks to maximize grant performance, outcomes, and impacts while reducing financial, audit, and compliance risk. Maximizing grant performance involves proactive technical assistance capable of identifying eligible costs to fully use In Florida, Grant Thornton has worked with 135 subrecipients of available grant funding, matching eligible FEMA funding managing their Hurricane Irma recovery. This costs to multiple grant programs, and work involves the review of claimed costs for eligibility, justifying that grant funding is used to confirmation that the work was properly procured and the accomplish for the purpose it was subrecipient provide the necessary financial reporting intended. Reducing risk to the City documentation. involves systematically and methodically assessing and monitoring the use of grant funding. To accomplish this, we draw from approaches which have proven effective on similar engagements. We tailor these approaches to the City to address needs or issues most efficiently as they arise. We provide support to the City with management, oversight, compliance, reporting responsibilities, and any additional services as outlined in the scope of work. Within our approach, we propose to work collaboratively with the City to assist in achieving and maintaining short and long-term goals that are consistent with the City's Revive Santa Ana Spending Plan utilizing the SLFRF award by establishing internal controls related to the federal funding programs. eft yrOULq lof data contained on this sheet is subject ttoth6msfricM on the title page of this propg2�(2J0W_D �. 7 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal We routinely develop and refine our skills by providing and attending the latest training and professional development events. We have partnered with the National Academy of Public Administration (NAPA) to host quarterly Grants Management Symposiums across government since 2018 to discuss emerging trends, challenges and the impact of key legislation. Through the National Grants Management Association (NGMA), we have trained hundreds of grant management professionals at federal, state and local government including the use of integrity monitors to improve compliance and reduce risk for grantees. Our professionals are thought leaders in the industry, often publishing articles on grants management trends and best practices. Several of our professionals serve in local chapters and national level executive committees of organizations such as the Association of Government Accountants (AGA) and the Institute of Internal Auditors. Grant Thornton is also a National Emergency Management Association (NEMA) corporate partner which allows our employees to attend the annual conference and have access to both state and local emergency management directors and industry professionals. As mentioned, we will leverage our expertise to support the CITY in overseeing the SLFRF award. Grant Thornton has a dedicated community of practice of COVID-19 and Grant Thornton's COVID-19 community of practice has been ARPA team that conducts regular operating since the first declaration of the national public health legislative analysis, reviews program emergency. Our team provides our clients, on a weekly basis, guidance, and monitors other federal with regular updates on the activities of all federal and state funding developments. The team scans agencies, in which we are engaged, managing and impacting government websites, publications, and COVID-19 relief funding opportunities. This global approach news outlets daily to understand and provides our clients with the critical information they need from interpret on -going developments. We their particular federal and state agencies, but also provides have established a group of management them insights into how other states and federal agencies have professionals from across the firm interpreted and mitigated compliance issues. (industries and business lines) to form a COVID-19 cohort which meets twice weekly to discuss the evolving COVID-19 recovery, review the state and local government financial support landscape, and collaborate on the development of tools and solutions to assist our clients' needs. These policy level meetings provide our team with real-time insight into Congressional actions and federal agency developments that we share with our clients to shape their COVID-19 funding strategies. The Grant Thornton Team's general approach to providing technical support to the City in the development and monitoring of community recovery projects and submission of reports required by the SLFRFs to leverage our team's collective knowledge, skills, and abilities to build upon the City's tools and systems for data collection to create a standardized, repeatable process for efficient data sharing and report development. Since 2011, Grant Thornton has been providing technical assistance focused on demonstrating compliance with federal fiscal management and procurement requirements for clients like the states of Texas and Florida Divisions of Emergency Management, Passaic Valley Sewerage Commission, the Golden Gate Bridge, Highway and Transportation District, and Marin County, California. With each engagement our teams have robust testing and validation procedures that build upon lessons learned. To facilitate the successful deployment of our approach, our team will employ the latest version of process automation and data analytics tools and methods developed by our Intelligent Automation Service Center (IASC). IASC operates as a centralized innovation delivery catalyst, providing solutions that both the firm and our customers can leverage to improve efficiencies. Areas of focus include working with new platforms that provide true orchestration of systems and processes (i.e., Catalytic), automating routine tasks, optimizing employee efforts, and reducing errors. For example, when working with an alumni customer, Grant Thornton used Catalytic to extract transactions from a parent ERP application, and parse to local ledgers, in support of required financial reporting. Automation solutions and tools, developed by IASC, that our team will employ to assist the City in meeting its data collection, analysis, and reporting requirements include: • Invoice Processing — Created invoice matching processes in various systems to reduce manual efforts in Accounts Payable, speeding up the invoice process and creating time for resources to act on more strategic projects. Leveraged both RPA and OCR. eft yrOULq lof data contained on this sheet is subject ttoth6msfrict3q on the title page of this propg2�(2J0W_M �. 8 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal • Inventory Price Testing — Streamlined the Inventory Price Testing process to enable teams to spend less time on manual data manipulation and more time analyzing results. • Tableau Dashboard for Financial Data — Combined spending and budget data from multiple sources, which require regular cleansing and refreshes. Developed a web browser automation tool in Python that automates the collection of financial data, performs web -scraping in support of reconciliation, and collects additional data, reducing reconciliation from 2 hours to 15 minutes. • Optical Character Recognition (OCR) - convert written or typed documents into data • Robotic Process Automation — replicate the actions of a human interacting with a screen to automate repetitive, back -office processes • Equity impact tracking and mapping — Grant Thornton has developed its own method to measure and visualize the impact of projects towards progressing a client's goals for promoting growth of equity and diversity. Grant Thornton's algorithm can be deployed proactively to objectively estimate the equitable impact of a project via change in in the area's equity index score. In our engagement with the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) (2014-2018) - CMS, Office of Financial Management, Grant Thornton conducted an internal control assessment of CMS Central Office, Regional Offices, Medicare Contractors, Data Centers (including twenty financial applications), and Shared System Maintainers. As part of this assessment Grant Thornton designed and tested approximately 75 controls in the CMS's Marketplace cycle in such areas as 1) Eligibility and enrollment of individuals; 2) Vendor Management (review and approval of issuer payee groups for payment); 3) Payment approval of APTCs and advance CSRs, and collection of FFM user fees; 4) Reconciliation of CSR and APTC payments; and 5) Oversight of reinsurance, risk adjustment and risk corridors (premium stabilization programs). These assessments were a critical step in communicating current status to CMS's stakeholders, particularly the IRS who holds the subsidy appropriation (APTC and CSR) for Marketplace. The Grant Thornton Team will coordinate closely with the City's Project Manager, and associated staff, to select, customize, and scale our solutions and tools to best integrate with the City's financial systems to efficiently extract, analyze, and synthesize the data and information needed to assist the City in mitigating programmatic or compliance risks and completing ARPA reports. 2.4.5 Provide assistance to City staff with preparation of audits As discussed in Section 2.4.1, audit readiness is a governance theme that drives all four phases of our team's approach to comprehensive grants management. Throughout each phase of the project's lifecycle our team will create the documentation necessary to demonstrate compliance with the latest SLFRF guidance and federal uniform guidance requirements. Our team will work diligently throughout the first three phases of our approach to not only collect necessary data for reporting eligible expenditures, but will also create documents to contemporaneously memorialize critical procurement and methodological decisions and practices to align those actions to the existing compliance and programmatic guidance requirements. At the closeout phase of a project, our team will compile all supporting documents, determinations, and reports into one comprehensive and organized package to facilitate efficient reviews by programmatic and outside auditors. The closeout phase of each project will be guided by our Public Audit Subject Matter Expert, Rachel Stushek, to enable our team the opportunity to create comprehensive support documentation packages and reports to demonstrate full compliance with federal uniform guidance principles. Grant Thornton will assist the City of Santa Ana in responding to questions from their independent single auditor specific to compliance matters and determination on eligibility, procurement methods, and ARPA reporting and will also support the City departments to prepare responses to audit findings. Grant Thornton's audit specialists work in tandem with our Public Sector Risk Advisory team to remain abreast of relevant policy changes in real-time, thereby enhancing the audit support we provide. Combining audit expertise with our compliance approach provides an audit preparation strategy which is uniquely well suited to the City of Santa Ana's needs. eft yrOULq lof data contained on this sheet is subject ttoth6msfric4 on the title page of this propg2�(2J0W_M �. 9 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Our approach to regulatory compliance advisory combines data -driven financial analytics support with a robust documentation management strategy. Grant Thornton's compliance team leverages expertise in uniform guidance and ARPA regulation to develop project -specific cost validation worksheets. Consultants work directly with City staff to collect and archive supporting documentation in preparation for single audit. Grant Thornton specialists will thoroughly analyze project documentation to determine cost eligibility and compliance under federal guidelines and advise the City on In New Castle County, Grant Thornton works with both the potential non-compliance risk if identified. County's CFO and Internal Auditor respond to questions that Further, our staff will produce arise from their outside single audit firm on the County's workpapers, support packages, and spending of its $322 million in CRF monies. We have helped policy positions supporting eligibility respond to preliminary finding on the County's FY20 Single determinations in preparation for single Audit before it was finalized and published. audit. Grant Thornton specialists will also support the City in completing reporting requirements mandated under ARPA and uniform guidance. Our staff is versed in Treasury reporting regulations and will work directly with City officials to produce any required reporting, including Interim, Project and Expenditure, and Recovery Plan Performance reports. Grant Thornton's financial analysis and support packages play an integral role in fulfilling reporting requirements, aiding City staff in confirming eligibility figures and providing performance reporting. Finally, our team will aid in responding to any potential audit findings arising from single audit inquiry. Throughout the duration of project performance Grant Thornton will build comprehensive eligibility documents informed by expert knowledge of audit proceedings and regulatory requirements. We will use our evidentiary backlog to aid the City in demonstrating compliance and rationale behind eligibility determinations. Our staff will aide in stakeholder management, policy development, and compliance advisory in real time while navigating the audit process. Our team has significant experience providing regulatory compliance advisory in preparation for audit to public sector stakeholders. Our work with New Castle County in Delaware highlights our recent experiences validating cost claims in dynamic and emerging regulatory environments. We helped the County navigate federal funding streams provided under the CARES act using many of the strategies described above, and helped the county manage major procurement programs involving numerous stakeholders. Our work with the State of Florida and the State of Texas also demonstrates our strengths in preparing cost validations for federal dollars under demanding timelines. We helped these major entities track, manage, and validate millions in federal funding involving hundreds of stakeholders. Grant Thornton is prepared to provide our compliance advisory services for the City of Santa Ana as you manage ARPA funding across your departmental programs. We have the experience, strategy, and expertise to aid the City as it navigates funding in this complex regulatory environment. Our team has served many of the nation's largest and most complex State and Local stakeholders, and we will provide your City with the same quality of support throughout the duration of your funding streams. 2.4.6 Develop internal communication materials including but not limited to emails, PowerPoint, and memorandums to facilitate awareness regarding both City and Department of Treasury guidelines related to the use of ARPA (SLFRF) funds As identified in the City's revised scope of work, the Grant Thornton team will be available to meet with City Finance and City Project Managers on timescales that make sense for each individual's capacity and capability and at least quarterly. The City's finance staff and project managers will have instant access to the latest developments in the SLFRF guidance and requirements as well as instant access to on -demand technical assistance services through their assigned Team Grant Thornton point -of -contact and the Team Grant Thornton Project Manager. As a communications cadence is established, our team will work diligently to maximize the time spent with the City's finance staff and project managers with prepared agendas to extract data and information necessary for reporting and compliance documentation, address and research issues as they arise, and communicate the latest developments with the SLFRF. eft yrOULq lof data contained on this sheet is subject to th6Asiric44 on the title page of this propg2/(2J0 _Mh. 30 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal The goal of communications is for all stakeholders involved in and affected by the project to receive and understand the information they need. With this goal in mind, Grant Thornton tailors its communication to two main groups: our internal team, and our client. Communication tactics specific to each group are described below. Internal Team: Grant Thornton recognizes the importance of communication in accomplishing accurate, complete, and efficient service delivery. We have implemented horizontal and vertical team communication channels to allow information to flow freely throughout all levels and sub -teams. Our Supervisors perform daily standup calls with their sub -teams to discuss the work accomplished, work planned for the day ahead, and any barriers or challenges to be addressed. Supervisors leverage the information gathered in these standups to gauge risks and issues and escalate them to management as needed. Our entire ARPA funds management team also participates in weekly touchpoints that include any big picture updates, policy and procedure changes, and training opportunities. Our Client: At Grant Thornton, we pride ourselves on prioritizing and being responsive to client needs. An important component of our responsiveness is communicating early and often with our client. Our ARPA funds management team will establish regular client checkpoints to confirm mutual understanding of needs and expectations. Client checkpoints include weekly status meetings, and ad hoc meetings. We will At Metrolink Grant Thornton developed web -based dashboard to also communicate frequently via email, report the transit authority's COVID-19 (FTA and FEMA) phone, and within provided platforms to spending for both internal executive staff and well as a public provide the City of Santa Ana with communication. access to all the knowledge we've gathered throughout our interactions with Federal and State agencies, including communications, best practices and compliance playbooks that have been tested against regulatory frameworks such as 2.CFR.200. These resources are constantly updated by our Subject Matter Experts who are supported by dedicated policy analysts. 2.5 Data Requirements from City According to the City's response to Question #14 of Addendum 2: Q&A, the City would like to know what types of data/information will be required from the City's staff to complete the project. While responding to and recovering from the COVID-19 public health emergency is understandably a high priority for the City, as experienced managers of grants related to crisis response and recovery, we are sensitive to the fact that the City's staff have many other high priorities and demands for their attention that may not be related to the projects contained within the City's Revive Santa Ana Spending Plan. Our team's focus in providing these services to the City will be to act as a partner and stakeholder in the City's recovery and share in the responsibility of its administration. As partners in the City's response and recovery we will do our share, and play our part, so that the City's staff can focus on other high priorities with confidence that the project's that the City has identified as critical to the City's response and recovery from COVID-19 will not be delayed. This process will begin in the General Planning and Reporting Meeting as detailed in the RFQ. In this meeting our team will obtain the information it needs to understand the City's operations and clearly define the responsibilities and expectations of Team Grant Thornton. Promptly after this meeting our team will tailor its requests for information and data to specifically achieve the tasks and responsibilities that were assigned. Generally, to properly assess projects and expenditures for compliance with ARPA guidance and federal uniform administrative requirements we anticipate that some of the information and data that our team will request will include: Policies and procedures related to procurement, contracting, human resources, and employee compensation Budgetary data including general ledgers, previous audits, and general revenue collections Procurement and use of funds information including invoices, purchase orders, and contracts In its response to Questions #1 and #11 of Addendum 2: Q&A, the City indicated that the it is tracking ARPA and other COVID-19 relief funding using the City's Lawson Infor financial accounting system. Grant Thornton is a strategic implementation partner for Infor and maintains a strategic practice within GT to eft yrOULq lof data contained on this sheet is subject to th6Asiric42 on the title page of this propg2/(2J0 _Mh. 31 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal work side by side with clients - to help them meet changing business objectives, gain operational efficiencies, improve performance, and transform data into action. When needed our team will tap into this deep pool of knowledge and expertise to improve the efficiency of our team's data extraction and requests and support our team's understanding and utility of the data and reports produced by the City. 2.6 Limits on Liability Grant Thornton's requested limitation of liability language is included in our redline. 2.7 Warrant of Errors and Omissions Insurance Grant Thornton agrees that the firm maintains a prudent amount of errors and omissions insurance that covers negligent acts and is applicable to the work requested in the RFQ. 2.8 Authorized Signer As a Principal, Graeme Finley is authorized to contractually bind the firm. 2.9 Pending Legal Actions and Litigations In the normal course of Grant Thornton LLP's and its wholly -owned subsidiary Grant Thornton Public Sector LLC's business as a national accounting firm and government contractor (collectively "Grant Thornton"), Grant Thornton may be made a party to litigation alleging various common law and statutory violations. While Grant Thornton expects to resolve all pending matters without any material detrimental impact to the firm, like most accounting firms of any size, Grant Thornton does not disclose or discuss its litigation. Litigation is generally disposed of in the normal course of business and under any applicable professional indemnity insurance policy. Oft yrGULq lof data contained on this sheet is subject ttoth6msfric" on the title page of this propg2�(2J0M_M �. 2 Grant Thornton Public Sector LLC 3.0 Cost Proposal City of Santa Ana I RFQ 21- 093 Revised Proposal Not to Exceed Price: Grant Thornton is pleased to present this Not to Exceed Best and Final Offer (BAFO) estimate of $181,300.00. Grant Thornton's revised estimate is devised on a Time & Material basis as discussed during the orals interview on October 28, 2021 and the revised scope of services provided by the City on October 26, 2021. Specifically, the revised scope of services reflects the following changes: • Eliminated the initial Review of ARPA Spending Plan's proposed expenditures (Task 1) and will only provide the reviews on an "on -going" forward basis; • Eliminated Revenue Loss Calculations (Task 3); • Clarified the anticipated working directly with City program managers (Task 5) • Included the review of the City's ARPA Reporting Dashboard (Task 6); Accordingly, based on our understanding of the revised scope of services we are estimating the required level of effort to the first six months to be allocated as follows: Hours Task 125 Task 2 125 Task 4 825 Task 5 50 Task 6 125 Our Time & Materials based hours will be billed based on the below hourly rates for the selected staffing assigned to assist the City. Grant Thornton will hold the below proposed hourly rates constant throughout the six month term on all extensions thru December 1, 2023 at which time a three percent escalation will be assessed to the rates thru December 1, 2025. Staffing Positions Hourly Rates Project Executive - Partner $275.00 Project Manager $175.00 Subject Matter Expert $225.00 Senior Compliance Specialist $170.00 Senior Associate $140.00 Associate $115.00 Pricing Assumptions eft yrOULq lof data contained on this sheet is subject to th6Asiric44 on the title page of this propg2/(2J0 _Mh. 33 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Grant Thornton's estimated level of effort is based on our understanding of the project scope and does not include broader CARES Act or ARPA funding beyond the State and Local Fiscal Recovery Fund (SLFRF) or new stimulus related activities as may be anticipated to be expanded or extended through Congressional action. The above pricing does not include any required travel. If travel is required, it will be billed at cost without markup and will be compliant with established GSA rates. The primary place of performance will be virtual due to COVID-19 pandemic public health and safety precautions. Oft yrOULq lof data contained on this sheet is subject ttoth6msfric" on the title page of this propg2�(2J0W_M �. 4 Grant Thornton Public Sector LLC 4.0 Certifications 4.1 Attachment A: References City of Santa Ana I RFQ 21- 093 Revised Proposal 4^ CITY OF SANTA ANA ATTACHMENT A REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Customer Name: Contact Individual: New Castle County, Delaware Michael Smith, Esq. Chief Fiscal Officer Address: Phone Number & E-mail: 87 Reads Way 302-395-5170 New Castle, DE 19720 Michael. Smith newcastlede. ov Contract Amount: Contract Period: $2,250,000 September 2020 — April 2022 Description of supplies, equipment, or services provided: New Castle County, Delaware, received $322 million directly from the U.S. Treasury through the Coronavirus Relief Fund (CRF) as part of the CARES Act. The County was faced with the burden of administering these funds by creating new grant programs, monitoring subrecipients for compliance, and documenting their rationale for the funding decisions they made. Grant Thornton initially developed a comprehensive guide to the administration of stimulus funding and continues to provide regulatory guidance to the County's Chief Fiscal Officer and County Executive. Our work includes the following key activities: • Development of risk -based subgrantee monitoring procedures in -line with 2 CFR 200 requirements and implemented a financial documentation testing program to recommend payment to twenty-one volunteer firefighting companies and eleven municipalities within the County. • Evaluation of grant program eligibility for private business funding, remote educational assistance, non -congregate sheltering of homeless populations, GKyr(!3y5U lof data contained on this sheet is subject to th�Bqstric" on the title page of this proP42/21020221 35 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Developed a Policy and Procedures manual which serves to justify and support charging internal county costs, such as substantially dedicated force account labor and certain administrative leave expenses; Work with the County's Internal Auditor to address Single Audit findings and questions of compliance issues; and Provide Monthly Reporting to the County's CARES Act Audit and Compliance Task Force Committee and Weekly Reporting to the County's Chief Fiscal Officer. Customer Name: Contact Individual: Marin County, California Lisa DeCarlo Division Chief — Fiscal Administrative Services Address: Phone Number & E-mail: 3501 Civic Center Dr. Ste. 225 515-473-5660 San Rafael, CA 94903 ldecarlo marincount .or Contract Amount: Contract Period: $1,121,000 December 2020 — June 2022 Description of supplies, equipment, or services provided: Grant Thornton is providing disaster recovery and emergency management services to Marin County as part of their response to the COVID-19 pandemic. Marin County has spent more than $25 million in FEMA eligible cost. Grant Thornton's services include the following: • Assist in navigating the FEMA Public Assistance (PA) grants process which includes project management, eligibility determinations, cost validation, and regulatory updates; • Providing subject matter expertise and coordination between FEMA, CalOES, and the County in the management of its various COIVD-19 funding sources; • Manage the County's project worksheet development and submission through FEMA's Grants Portal for COVID related activities. The scope of COVID related activities includes food distribution, non -congregate sheltering, mobile testing, vaccinations distribution, alternate care sites, and emergency protectives measures. • Weekly reporting to the County's Fiscal Administrative Services Division Chief along with daily coordination with the County's staff in the development of cost documentation. Customer Name: Contact Individual: Florida Division of Emergency Management Kassandra McGlone Contracts Program Man a er Address: Phone Number & E-mail: 2555 Shumard Oak Blvd. 850-815-4417 Tallahassee, FL 32399 Kassandra.McGlonn em.m florida.com Contract Amount: Contract Period: $11,264,000 December 2017 — December 2021 Description of supplies, equipment, or services provided: GKyret?5U lof data contained on this sheet is subject tto6th6�stric*71 on the title page of this proP42/21020221 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Hurricane Irma inflicted over $2.5 billion in damages across 64 counties in Florida. Grant Thornton was engaged by the Division of Emergency Management to support the financial recovery across eight counties of Citrus, Hardee, Hernando, Hillsborough, Pasco, Pinellas, Polk, and Sumter (including the metropolitan area of Tampa and St. Petersburg). We have worked with over 135 subrecipients to manage 987 projects representing $226.2 million. Our 35-person team validated and approved for payment $202.3 million on behalf of the Division. The scope of our work includes the following major tasks: • Direct involvement in the project worksheet (PW) approval and continues through project closeout. Our work involves qualify assurance reviews and providing recommendations to the state to approve or return the projects to FEMA for amendments. This review includes identifying documentation necessary to support claimed costs and reconciling those costs to the total eligible amount. • Providing 100% validation of claimed costs for large project and auditing subrecipients for compliance with applicable laws, rules, regulations, and policies. This includes 2 CFR 200, the Public Assistance Program and Guide (Version 4), and other sources of grants governance. Our compliance audit program is designed to verify expense eligibility by confirming that all claimed costs qualify as allocable, allowable, and reasonable. • Confirming compliance with Federal Legislation, by providing accurate reporting on the Recipient's performance and operations, and by processing payments timely on their behalf. This includes the Federal Funding Accountability and Transparency Act (FFATA) and the Cash Management Improvement Act (CMIA). • Verifying that the scope of project work was completed satisfactorily. This involves planning and executing site visits, as well as documenting the results of our findings.; and • Reporting on our support, managing the 135 subrecipients, through providing Weekly and Monthly Reports that detail the activities performed in the eight Florida counties. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 21-093 American Rescue Plan Act Consulting Services Page 23 of 34 GKyr(!3y5U lof data contained on this sheet is subject to th�Bqstric" on the title page of this proP42/21020221 37 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.2 Attachment B: Proposer's Statement Grant Thornton's completed and signed Attachment B follows this page. Oft yrOULq lof data contained on this sheet is subject ttoth6msfric" on the title page of this propg2�(2J0W_M �. 8 Grant Thornton Public Sector LLC INIII was] a&-f_1►111 EV_1►1_1 ATTACHMENT B PROPOSER'S STATEMENT City of Santa Ana I RFQ 21- 093 Revised Proposal Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposerfurther agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Al terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFQ. Signed and Printed Name: Title Principal Date 9/10121 Graem e THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 24 of 34 GKyr(!3y5U lof data contained on this sheet is subject ttoth63rJs1ric� on the title page of this propc�2l�2VOW-2h 9 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.3 Attachment C: Non -Collusion Affidavit Grant Thornton's completed, signed, and notarized Attachment C follows this page. Oft yrOULq lof data contained on this sheet is subject to th6msfric," on the title page of this propg2�(2J0W_M �. o Grant Thornton Public Sector LLC CITY OF SANTA ANA ATTACHMENT C NON -COLLUSION AFFIDAVIT City of Santa Ana I RFQ 21- 093 Revised Proposal (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or share; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note; The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed <�- / (✓c State of California, County of ASubscribed and sworn to (or affirmed) before me on this /f) day of &e fey("r 20 2 ( , by proved to me on the basis of satisfactory evide ce to be the person(s) who appeared before me. ATTACHMMT �!+ "ON`I��GMBKr 0- Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 21-093 American Rescue Plan Act Consulting Services Page 25 of 34 17e ftyrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2J0W_M �. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal CALIFORNIA JURAT 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: Contra Costa Subscribed and sworn to (or affirmed) before me on the `1 0 day of 9-p , 2021 by_—J( rQ-p. 1 E IWi proved to me on the basis of Signature: Kajol Rana. Chhetri evidence to be the personV who appeared before me. *: KAJOL RANA CHHErRI COMM. # 23640M NOTARY WBLiCCALIfOHNIA>y CO NTRACOVACOUNre 7n MYC0MMI8SI0NMPIRES " JULY O4, 20U Title of Document: WO -COINS -Ion A ' i ctgv,+ Total Number of Pages including Attachment: Notary Commission Expiration Date: July 04, 2025 Notary Commission Number: 2364085 eftyrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2J0W_M �. 2 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.4 Attachment D: Non -Lobbying Certification Grant Thornton's completed and signed Attachment D follows this page. Oft yrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2J0W_M �. 3 Grant Thornton Public Sector LLC ATTACHMENT D NON -LOBBYING CERTIFICATION City of Santa Ana I RFQ 21- 093 Revised Proposal The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed:%a .a Title: Principal Firm: Grant Thornton Public Sector LLC Date: 9/10/21 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 26 of 34 eftyrOULQ lof data contained on this sheet is subject to on the title page of this propcf2�(2� J0W_M . 4 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.5 Attachment E: Non -Discrimination Certification Grant Thornton's completed and signed Attachment D follows this page. Oft yrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2� J0W_M . 5 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal ATTACHMENT E NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection fortraining, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicantsfor employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 27 of 34 GKyr(!3y5U lof data contained on this sheet is subject to on the title page of this propc�2l/2VOW-21- 6 Grant Thornton Public Sector LLC INIII was] JM_1►111EV-11►1e1 City of Santa Ana I RFQ 21- 093 Revised Proposal The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed Title: Principal Firm: Grant Thornton Public Sector LLC Date: 9110/21 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 28 of 34 GKyr(!3y5U jof data contained on this sheet is subject to on the title page of this propo�2l�2 VOW-2h 7 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.6 Attachment F: Resumes Tamara Reynolds, MBA, PMP Ms. Reynolds' Outstanding Qualifications for Engagement Quality Reviewer Ms. Reynolds is Grant Thornton's state and local practice leader. Her team provides advisory services to government entities at all levels of all types of government (e.g. public higher education institutions, state agencies, county and city governments, and authorities). Ms. Reynolds brings 20+ years of consulting experience, including 10+ years leading risk management (including grants management) engagements. Relevant Experience COVID-19 Advisory Services — Ms. Reynolds leads engagements which advise public, private, and not - for -profit clients in how to maximize use of federal and non-federal funding sources while retaining compliance with program guidance and regulations. Ca1HFA — HRC Mortgage Relief Program — Ms. Reynolds leads Grant Thornton's engagement team supporting the California Housing Relief Corporation (CaIHRC) management of its $1.1 billion grant from the ARPA Homeowners Assistance Fund. Grant Thornton is supporting CaIHRC with program integrity, compliance reviews, eligibility determinations, fraud risk assessment and the development of internal controls for its quality assurance program. Federal Grants Management & Recipient Technical Assistance — Prior to leading the State and Local market, Ms. Reynolds was the Key Relationship Leader for the Department of Health and Human Services (HHS). As the largest grant -making Agency in the Federal government, many projects required grants management and grants recipient collaboration. Grants projects under her leadership included recipient compliance reviews for the Low Income Home Energy Assistance Program, fiscal stewardship and best practices reviews of State health departments (for the CDC), technical assistance to support recipients of a Traumatic Brain Injury program, and technical assistance for State recipients of the Preschool Development Grant B-5 grant program (for ACF). Superstorm Sandy Emergency Grants Management— Provided emergency grants management support with clients in the NJ Office of Emergency Management and NJ Environmental Infrastructure Trust. Grant Thornton continues to provide oversight over grant -funded construction projects. Work History Grant Thornton Public Sector LLC, January 2020 - present ■ Managing Principal, August 2020 - present ■ Principal, January 2020 - July 2020 Grant Thornton LLP, November 2003 - December 2019 ■ Principal, August 2010 - December 2019 ■ Senior Manager/Manager, November 2003 -July 2010. General Dynamics, Manager, April 1999 - November 2003 General Electric, January 1995 - April 1999 Education and Certifications M.B.A, Decision Analytics/Public Policy Emphasis, George Washington University B.S., Management Information Systems, Pennsylvania State University Project Management Professional (PMP), Project Management Institute Six Sigma Blackbelt - General Electric & the American Society for Quality (ASQ) Certified Group Facilitator eft yrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2� J0W_M . 8 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Wendy Morton-Huddleston, MBA, PMP, CGFM Ms. Morton-Huddleston's Outstanding Qualifications for Engagement Partner Wendy Morton-Huddleston is a Risk Advisory Services Leader and Principal in Grant Thornton's Public Sector practice. She has over twenty years of experience in project management, enterprise risk management, financial management, business process optimization, grants management, internal controls and strategic planning. Wendy currently serves as a senior advisor for several accounts to assess quality service delivery, methodology effectiveness and client satisfaction. Relevant Experience Marin County, CA Disaster Cost Recovery Services — Advise the client on disaster recovery and mitigation efforts in compliance with applicable local, state, and federal laws, regulations and FEMA requirements. Provide recommendations that impact grant eligibility, funding sources and expenditures. Grant Thornton LLP, Florida Division of Emergency Management — Leading a team of 40+ practitioners to address grants management requirements for hurricane relief of Irma & Michael across eight counties of subrecipients (education, law enforcement, healthcare) to execute compliance reviews on behalf of the state for reimbursement from FEMA - $70M processed as of April 2020. Innovation includes the use of Robotics Process Automation and Tableau visualization to achieve efficiencies. Grant Thornton LLP, Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security (CISA) — Leading Provide advisory services in data analytics, audit remediation, and internal controls. Created efficiencies and effective controls within IT access, property management, and payment management workflows. Grant Thornton LLP, Department of Homeland Security (DHS) Secret Service — Provide advisory services in pre -audit readiness, post audit corrective actions and internal controls maturity. Grant Thornton LLP, United States House of Representatives — Provide engagement oversight and technical acumen to guide the internal control team to perform remediation of open Inspector General (IG) audit findings, Office of Management and Budget (OMB) Circular A-123 requirements, testing and implementation of ERM. Business process areas include accounts payable, acquisition management, budget, and financial reporting. Provide strategic insights to the business transformation office. Work H Grant Thornton LLP, August 2003 - present ■ Principal, August 2010 - present ■ Director, August 2006 - July 2010 • Senior Manager, August 2004 - July 2006 ■ Manager, August 2003 - July 2004 BearingPoint (formerly KPMG Consulting), Senior Consultant, July 2001 - August 2003 Arthur Andersen, Consultant, October 1996 - June 2001 Education and Certifications Executive Leadership Certificate, Cornell University M.B.A., Management, University of Maryland M.S., Finance, University of Maryland B.S., Finance/Minor: Business Administration, Norfolk State University Project Management Professional Certified Government Financial Manager eft yrOULq lof data contained on this sheet is subject to on the title page of this propg2�(2� J0W_M . 9 Grant Thornton Public Sector LLC Poupee Kim, CICA City of Santa Ana I RFQ 21- 093 Revised Proposal Ms. Kim's Outstanding Qualifications for Federal Funding Compliance Supervisor Poupee Kim is a seasoned manager with extensive experience in providing disaster recovery, program management support and grant administration to federal, state and local governments. Her specific focus has been on Community Development Block Grant (CDBG) programs and FEMA Public Assistance funding, in the wake of Hurricanes Katrina, Rita, Ike, Irma and Michael. Ms. Kim has 15 years of quality control review, professional services and oversight consulting experience to state, local and federal government stakeholders. She is a Certified Internal Controls Auditor (CICA). Relevant Experience U.S. Department of State, Bureau of Administration, Office of Emergency Management, Diplomatic Continuity Program — Ms. Kim serves as a Senior Analyst lead to support the team in providing Risk Analysis, Business Process Analysis, and Business Impact Analysis for the Bureau of Administration for the Department of State (DoS). Ms. Kim helps infuse risk management in the process of identifying, collecting and analyzing mission essential functions (MEFs) on the Business Process Analysis/Business Impact Analysis (BPA/BIA) process, as proscribed by Federal Continuity Directives 1 and 2. The update and validation of essential functions includes conducting a comprehensive BPA to understand those processes necessary to the performance of organizational functions and requirements and also includes conducting a BIA to identify potential impacts on the performance of essential functions and the consequences of failure to sustain them. COVID-19/CARES Act Implementation — Ms. Kim serves as a FEMA lead under the COVID-19 Emergency Presidential Declaration. As a Subject Matter Expert (SME), Ms. Kim aids in managing claims to recover eligible expenses and lost revenues from COVID-19 with primary focus on recoveries from insurance, the CARES Act and FEMA Category B — Emergency Protective Measures. She assists in the development and review of Elements of Essential Information (EEI), Dimension and Description of Damages (DDD) and Scope of Work (SOW) for input into the Federal Emergency Management Agency (FEMA's) Grants Portal. Ms. Kim also supports the collaboration with healthcare professionals to identify and quantify other available funding sources (e.g. Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), Private Insurance, and related entities). She collaboratively develops monitoring and compliance approaches intended to assist in maintaining documentation and securing appropriate reimbursement. She is also responsible for project management and driving the key work stream activities and deliverables to meet project objectives. California Department of Housing and Community Development (HCD) — Ms. Kim served as a Grants Management Subject Matter Expertise (SME) on HCD's CDBG and CDBG-DR program funds that were approved by HUD and allocated to the State of California to address unmet long-term recovery needs arising from damage caused by the 2017 wildfires, flooding, mudflows, and debris flows. She was responsible for the grant program requirements, business rules and processes, procedures, and internal controls to support the implementation of the grants management system. She supported the prime contractor through all Project Management Office (PMO) work -stream activities including the Project Implementation Plan, Validated Requirements Report, Gap Analysis and Configuration Plan of the system to match HCD's workflows. Florida Division of Emergency Management (DEM) Grants Management (Hurricane Irma) — Ms. Kim serves as the Project Manager responsible for providing comprehensive grants management services for Hurricane Irma (DR-4337) on behalf of the State of Florida and oversees Grant Thornton's grants management staff. Ms. Kim manages a team of 30+ professionals in their provision of compliance services while guiding Subrecipients through validation, reimbursement, closeout processes and timely deliverables. Ms. Kim manages the workflow of the Recipient Final Review approval for assigned PWs, coordinates the contract execution of subgrant agreements, and conducts the validation of cost documentation and expense support and reimbursement processes along with quarterly reporting and PW closeouts for small and large projects. Ms. Kim is also responsible for onboarding new team members and oversees the training and procedure process. eft yrOULq lof data contained on this sheet is subject toth6msfric� on the title page of this propg2�(2J0W_M �. 0 Grant Thornton Public Sector LLC Work History Grant Thornton Public Sector LLC, January 2020 - present • Manager, January 2020 - present Grant Thornton LLP, August 2018 — December 2019 ■ Manager, August 2018 — December 2019 CohnReznick LLP, Manager, May 2005 - January 2018 Education and Certifications City of Santa Ana I RFQ 21- 093 Revised Proposal B.A., International Studies, Towson University Institute for Internal Controls — Certified Internal Controls Auditor, CICA Oft yrOULq lof data contained on this sheet is subject t`olth6msfricO2 on the title page of this propg2�(2J0W_M �. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Christina Suthammanont, PhD, PMP Dr. Suthammanont's Outstanding Qualifications for Program Controls and Standards Supervisor Christina is a Senior Associate in Grant Thornton's Public Sector Digital Transformation and Management practice. Combined, she has twenty years' experience in higher education, customer engagement, resource optimization, and workforce analytics. She has led numerous independent and collaborative research projects, from initial literature review and data collection through analysis, reporting, and presenting to both technical and non -technical audiences. Christina has a doctorate (PhD) in quantitative political science and holds certification as a Project Management Professional (PMP). Relevant Experience Grant Thornton Public Sector, LLP — Grants Management. Serve as workstream lead for several programs at New Castle County. Lead development of testing plans, risk analysis matrixes, and workpaper and testing templates. Provide thought leadership around position statements and review work products as produced by the team. Coordinate all client -based correspondence and engage with clients to provide briefings and discuss and resolve potential issues. Provide quality assurance and control of team eligibility and compliance testing of expenses claimed under federal funding streams. Workforce Analytics and Optimization. Provide advisory and analytics support to federal agencies with focus on workforce optimization methods, assessing workforce capacity, and identifying process improvements using a variety of methodological tools and approaches. Perform risk assessment and mitigating strategies as part of grants management project. Contribute to research and development of capabilities within Digital Transformation and Management service line. Demonstrate thought leadership through developing white papers and position statements addressing timely client or environmental issues. Conduct requirements gathering sessions with key stakeholders and subject matter experts. Collect workforce data via interview, unstructured documents, and structured data resources; assess data quality, cleanse data and prep for analysis; perform data analysis supported by data type and quality; report key findings in executive summary and comprehensive reporting, study documentation, and knowledge transfer materials in larger report. Identify opportunities for process, data, and workforce improvements with strategic and tactical client benefits. Develop, implement, and analyze compliance and risk assessment instruments DRT Strategies, Inc. — U.S. Department of Agriculture, Office of the Chief Information Security Officer (OCIO); Cybersecurity Executive Order. Collaborate with ISC leadership to develop and implement strategic cyber security initiative, including Department -wide cybersecurity IT consolidation, in response to OMB Cybersecurity Risk Management Assessment and within NIST Risk Management Plan. Collaborate with stakeholders as Subject Matter Expert on enterprise -wide survey, developing methodology and content to achieve objectives; conduct analysis and reporting. Gather requirements, identify risks and milestones; facilitate communication across multiple working integrated project teams (WIPT), and monitor performance goals while mitigating risks. Mentor professional development of project management skills in fellow colleagues. Provide Service Delivery strategic support with analysis of alternatives, data collection, and analysis. Leverage program building experience to identify and develop corporate strategy for business development. Create and deliver corporate training program and materials to further competitive advantage through providing professional development opportunities. Work History Grant Thornton Public Sector LLC, Senior Associate, June 2019 - present DRT Strategies, Inc., Project Manager and Consultant, February 2018 -June 2019 International Business Machines, Inc. (IBM), Managing Consultant, January 2016 - August 2017 Texas A&M University -San Antonio, Assistant Professor and Program Coordinator, August 2010 - February 2016 eft yrOULq lof data contained on this sheet is subject toth6msfric a on the title page of this propg2�(2J0W_M �. 2 Grant Thornton Public Sector LLC Education and Certifications PhD, Quantitative Political Science, Texas A&M University B.A., Political Science, New York University Project Management Professional (PMP) City of Santa Ana I RFQ 21- 093 Revised Proposal Oft yrOULq lof data contained on this sheet is subject toth6msfric&4 on the title page of this propg2�(2J0W_M �. 3 Grant Thornton Public Sector LLC Khiry Burke City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Burke's Outstanding Qualifications for Reporting and Data Compliance Supervisor Khiry is a Senior Associate in Grant Thornton's Public Sector Risk Advisory and Management practice. Mr. Burke has 5+ years of experience in internal auditing, financial analysis, contracts compliance, federal grant monitoring, project database management, and support of system update/modernization. Khiry has lead teams through the Compliance Monitoring life cycle that resulted in quality deliverable submission. Relevant Experience COVID-19 — New Castle County, DE Coronavirus Relief Fund Grant Management— Mr. Burke led a team in the development of New Castle County Office of Finance's policy and procedures for recording, reconciling, monitoring, and reporting on Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Fund usage. He conducted interviews with multiple stakeholders within the County to document their processes. Mr. Burke managed a team that resolved potential issues brought forth by the New Castle County's Internal Audit Department. He assisted in the development of the process to conduct eligibility testing related to Administrative Leave as it pertained to CARES Act Fund usage. Florida Division of Emergency Management (FDEM) — Mr. Burke was responsible for data migration, Quality Assurance and Quality Control (QAQC) reviews, and Request for Reimbursement (RFR) compliance testing for Grant Thornton's disaster recovery and grants management engagement. He interacted with system interfaces such as the Federal Emergency Management Agency (FEMA) Grants Portal, EMMIE, and Florida PA. He performed cost validations of line items under the regulations of 2 CFR 200 and Proposal & Award Policies & Procedures Guide (PAPPG) to assist subrecipients with the reimbursement process. Texas Lottery Commission — Contract Compliance Monitoring Services — Mr. Burke performed testing and verification of the client vendor data interface system, compliance financial data reports, and application of software change management. Reviewed software change management practices and documentation to ensure adequate quality assurance testing and client acceptance prior to release of software. Performed detailed testing of contract requirements, which included: verification that interfaces were transferred in accordance with the data exchange schedule, accuracy of reporting compliance with service level requirements, software requirement specifications, and data center operations. Executed quarterly testing of primary contract terms for account management and administration including, service management, facilities support services, business continuity, disaster recovery, and training. Developed quarterly testing procedures that addressed high, medium, or low compliance area risks to fully address potential contract related issues. Supported database updates, which contained over 1,000 contract requirements, contract amendments, testing schedules, procedures as well as results/follow-up actions. Developed weekly reports. Supported Project Manager with resource management, revenue forecasting, and client invoice reviews. Texas Department of Transportation (TxDOT) — Enterprise Information Management Strategic Planning Services — Mr. Burke developed the master project schedule through the use of Microsoft Project and monitored progress. Supported the stakeholder interview process of approximately 100 TxDOT employees, which included senior executives. Prepared documents, drafted minutes and conducted analyses. Utilized interview data to develop Tableau Data Visualizations that displayed trend data for additional analysis. Assisted in development of an Enterprise Information Management (EIM) Strategic roadmap, which displayed the proposed timeline of transitioning the department's legacy systems to an updated system. Texas Division of Emergency Management (TDEM) — Grants Monitoring — Mr. Burke partnered with FEMA personnel as an agent of the State of Texas Department of Emergency Management for federally declared disasters declarations 4223, 4245, 4255, 4269, and 4272. Supported financial management activities for the State Public Assistance program. Assisted with sub -recipient appeals, reviewed procurement of contracts and examined sub -recipient's support of eligible costs. Assisted applicants with Federal and State procurement law compliance issues. Managed the project management database by eft yrOULq lof data contained on this sheet is subject t`o4th6msfric� on the title page of this propg2�(2J0W_M �. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal updating and tracking sub -recipient project worksheets as they proceeded through the Public Assistance program. Prepared status reports and assisted in drafting budgets that were submitted to the client. Facilitated training employees on project management databases and preparation of status reports. Work History Grant Thornton Public Sector LLC, January 2020 - present • Senior Associate, January 2020 - present Grant Thornton LLP, February 2016 — December 2019 • Senior Associate, August 2018 — December 2019 ■ Associate, February 2016 — August 2018 Alabama Department of Revenue, Internal Audit, Accountant I, June 2015— February 2016 Education and Certifications B.S., Business Administration -Accounting, Troy University Oft yrOULq lof data contained on this sheet is subject to 55th6msfric� on the title page of this propg2�(2J0M_M �. Grant Thornton Public Sector LLC David Barth, MPA City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Barth's Outstanding Qualifications for State & Local Grants Compliance Subject Matter Expert Dave will advise on all requirements of the ARPA/SLFRF award. He has over twenty years of experience with grants and financial management systems and over forty years of experience working with state governments focused on financial management solutions and advisory services. He leads multiple state government engagements supporting disaster recovery activities, FEMA compliance monitoring and CARES Act and ARPA support. He has extensive experience with governmental business operations and is considered a subject matter expert in many fields within the firm. Prior to joining Grant Thornton, he was the Director of Budget and Finance for the New Jersey Department of Environmental Protection and was responsible for the overall financial management of the Department's operating budget, federal grant programs and special revenue funding; and negotiating the Department's indirect cost rate with US Environmental Protection Agency. Relevant Experience CaIHFA — HRC Mortgage Relief Program — Serves as a Subject Matter Expert providing California Housing Finance Authority (CaIHFA) and its subrecipient agency California Homeowners Relief Corporation (HRC) manage the State's Mortgage Relief Program funded through the ARPA — Homeowners Assistance Fund appropriations representing approximately $1.1 billion. Dave's specific focus is to provide 2 CFR 200 compliance support and eligibility determinations along with the evaluation of HRC's Policies and Procedures for federal program compliance. Golden Gate Bridge, Highway & Transportation District— Serves as a Subject Matter Expert assisting the District's with eligibility determinations of its COVID response activities associated with FEMA's Public Assistance Program. Key aspects of the work involve the coordination between the District, CalOES and FEMA; and the submission on project documentation through FEMA's Grants Portal. Marin County— Disaster Cost Recovery— Serves as a Subject Matter Expert supporting the Grant Thornton's team working with the County to develop its COVID response program including emergency food distribution; non-congregant housing; COVID testing; and vaccine distribution. Key aspects of the work involve the coordination between the County, CalOES and FEMA; the submission on project documentation through FEMA's Grants Portal; and validating claimed costs within the requirements of 2 CFR 200 and FEMA's Public Assistance Guide. New Castle County CRF Subrecipient Monitoring — Serves as the Engagement Director with New Castle County as a direct recipient of CARES Act Coronavirus Relief Fund. His responsibilities serve to support the County with the review of the County program guidance, its system of internal controls, subrecipient risk assessment and subrecipient monitoring and reporting. Southern California Regional Rail Authority - Metrolink — Served as the Engagement Director and Project Manager supporting Metrolink's compliance with federal requirements under the CARES Act. Metrolink represents the centralized transportation agency in southern California for Los Angeles, Orange, Riverside, Ventura and San Bernardino Counties. The focus of Grant Thornton's work is the development of funding strategies on the use of CARES Act monies specifically from the Federal Transit Authority (FTA) and FEMA. COVID - CARES Act Implementation — Served as the Engagement Director for ten different Healthcare — FEMA clients including WellSpan Health, St. Joseph's Hospital, Grant View Health, Indiana University Health, St. Francis Healthcare System, Geisinger Health, AtlantiCare Health, Beebe Health, Doylestown Hospital and AHRC. His responsibilities included the coordination between Grant Thornton grants management specialists (FEMA) and the commercial healthcare practitioners. The focus of the integrated services was to address healthcare systems' response to the treatment of COVID patients; compliance with federal requirements and maximizing federal funding through the Provider Relief Fund. Florida Division of Emergency Management - Serves as the Engagement Director supporting the State of Florida recovery from the impacts of Hurricanes Irma and Michael, monitoring compliance with FEMA eft yrOULq lof data contained on this sheet is subject toth6msfric 571 on the title page of this propg2�(2� J0W_M . 6 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal requirements and assisting local governments through their recovery process. Responsibilities include the QA/QC review of all assigned Project Worksheets, final approval of subrecipient reimbursement requests, management of technical staff and providing guidance on the project implementation. Passaic Valley Sewerage Commission (PVSC) - Serves as the Project Manager for Grant Thornton's contract with the New Jersey Department of Treasury to provide fiscal integrity oversight and compliance monitoring reviews of FEMA funded recovery efforts. The monitoring involves the compliance reviews of PVSC's financial, administrative and procurement processes; invoice processing and contractual payments; and monthly reporting of 12 engineering and/or construction projects associated with approximately $500 million in recovery and mitigation work. Texas Department of Public Safety - Served as a Senior Emergency Management Specialist supporting the Texas Division of Emergency Management (TDEM) in their FEMA Public Assistance Program recovering from presidentially declared disasters in 2015 and 2016, providing quality assurance reviews of FEMA Project Worksheets (PW); and authorizing payment approvals as TDEM's Grant Administrator. Mr. Barth was responsible for the management of Grant Thornton staff assigned to TDEM overseeing the project and account closeouts. New Jersey Office of Emergency Management (NJOEM) - Served as the Program Manager of Grant Thornton's contract with the New Jersey Office of Emergency Management (NJOEM) reviewing compliance procedures for small project PWs, developing the required standard operating procedures, and providing a QA/QC review of small project PWs related to the Superstorm Sandy recovery efforts. Director, Division of Budget and Finance, New Jersey Department of Environmental Protection - Responsible for the implementation, execution and management of the Department of Environmental Protection's (DEP) annual operating and capital budgets including related federal funding. Responsible for the Department's financial accounting and grants management systems and procurement operations. Lead the implementation of a Performance Base Budget system integrating programmatic budget needs, strategic directions and financial solutions; developing the schedule, issuing the necessary guidance, overseeing and preparing the required financial analyses of multiple funding options as part of DEP's annual budget process. Participated on a work team to incorporate Key Performance Indicators into a budget measurement system. Coordinated an internal DEP team to identify multiple state and federal funding sources to address immediate response activities to Hurricane Sandy damage. Developed a management structure to identify, maximize and manage federal funding sources for New Jersey's Rebuilding and Recovery efforts as they related to the New Jersey Department of Environmental Protection recovery efforts. Established the process and procedures to ensure the necessary internal controls were in place to oversee the spending and grant compliance conditions during the implementation phases of rebuilding. Deputy Director, Division of Financial Management, Planning and General Services - Responsible for the financial condition of the Department's appropriations of General State Funds, Bond Funds, Special Revenue Funds and associated Dedicated Funds. Responsible for the supervision of the Department's procurement activities. Authorized as a Department's Fiscal and Budget Officer. Representative of the Commissioner in financial matters associated with general obligation bonds, authority debt financing and tax reform issues. Work History Grant Thornton Public Sector LLC, Director, January 2020 - present Grant Thornton LLP, Manager, October 2013 — December 2019 New Jersey Department of Environmental Protection, Director of Budget and Finance, September 1995 — June 2013 Education and Certifications M.P.A., Rider College, Program for Administrators B.A., U.S. History, Fairfield University eft yrOULq lof data contained on this sheet is subject t`o7th6msfric a on the title page of this propg2�(2J0W_M �. Grant Thornton Public Sector LLC Rachel Stushek, CPA City of Santa Ana I RFQ 21- 093 Revised Proposal Ms. Stushek's Outstanding Qualifications for Audit Subject Matter Expert Ms. Stushek has over 17 years of experience providing auditing support to non-profit organizations. Ms. Stushek has approximately 4 years of experience working with Federal entities. She has experience serving under audits that were performed under Government Accountability Office (GAO) "Yellow Book" auditing standards, American Institute of Public Accountants (AICPA) auditing standards, and OMB Circular A-133/uniform guidance. Rachel leads audit and assurance engagements providing quality assurance role, risk management and serves as a consultative resource for technical questions and issues for various audits, performance audits, and examinations. Relevant Experience Office of Personnel Management (OPM), Defense Finance and Accounting Services (DFAS), Defense Contract Management Agency (DCMA), Social Security Administration (SSA); Federal Communications Commission (FCC), Air Force Working Capital Fund (AFWCF), Washington Headquarters Services (WHS); U.S. Special Operations Command (USSOCOM), Office of Navajo and Hopi Indian Relocation (ONHIR) — Ms. Stushek has served each of these audit and assurance clients in her role as Professional Practice Director of Grant Thornton's Public Sector audit practice. In this quality assurance role, she assists in managing risk and serves as a consultative resource for technical questions and issues for various audits, performance audits, and examinations. Salvation Army Central Territory— Ms. Stushek served this church denomination and social services agency throughout all of her years at Grant Thornton. At various times, she managed the financial statement and single audits of individual operating units in Indianapolis, Kansas City, St. Louis, Chicago, Grand Rapids, the Twin Cities and Omaha. For the last three years, she also directed overall coordination of all ten operating unit audits, and also managed and reviewed the high risk areas of the consolidated audit of the Salvation Army Central Territory. The operating unit audits were performed under GAO "Yellow Book" auditing standards as well as AICPA auditing standards, and the consolidated audit was performed under AICPA auditing standards. Work H Grant Thornton LLP, July 2009 - present ■ Managing Director, August 2019 - present ■ Director, August 2014 - July 2019 ■ Manager, August 2010 - July 2014 • Senior Associate, July 2009 - July 2010 Deloitte & Touche LLP, July 2003 - June 2009 ■ Senior Associate, August 2006 - June 2009 ■ Associate, July 2003 - July 2006 Education and Certifications Bachelor of Science, Accounting, Grove City College Certified Public Accountant, Virginia and Illinois eft yrOULq lof data contained on this sheet is subject toth6msfric q on the title page of this propg2�(2J0W_M �. 8 Grant Thornton Public Sector LLC Susanna Koo City of Santa Ana I RFQ 21- 093 Revised Proposal Ms. Koo's Outstanding Qualifications for Cross -Functional Expertise Support Susanna is a Senior Associate at Grant Thornton's Public Sector Los Angeles office with over 3 years of professional management consulting experience. Ms. Koo has led projects and teams to success utilizing strategic business planning. She has a strong ability to support all business functions and prioritize tasks to execute project deliverables. Relevant Experience COVID-19 — New Castle County, DE Coronavirus Relief Fund - Ms. Koo evaluated and processed more than 50 Subrecipient applications. She reviews the Subrecipient's supporting documentation in compliance with the US Treasury's Coronavirus Relief Fund guidance for eligible costs to be reimbursed. Los Angeles World Airport (LAWA) — Project Administrator - Prepare, update and distribute meeting minutes, risk log, action item log, issue log and decision log. Provide meeting highlights to Project Manager for decision. Schedule and attend project status and technical meetings. Login and distribute record of submittals and Request for Information (RFIs). Assist and manage with the Project Manager for cost control throughout the task orders initiation and procedure. Harley Ellis Devereaux, Project Administrative Assistant - Support the Project Management team and Studio Leaders with quality, and confidentiality, quickly manage risk issues, create work plan for wallboards, schedule budget impacts, and ensure issues are corrected. Perform administrative functions, including calendar management, scan and copy documents, review contracts, reports, manage budgets, and create letters of transmittals, meeting minutes, agendas, and attendance record. Prepare for meetings/events, manage project schedules, and assist in strategic planning utilizing WebEx, GoToMeeting, and Outlook, and distribute to relevant teams. Collaborate on multiple projects during Construction Document Phase, review all RFCs/RFIs/Submittals/Sketch log through Newforma system, and coordinate with Senior Project Architects from conception to completion. Create Budget Analyst reports/summaries for Senior Project Managers, throughout the project lifecycle for the evaluation of project performance. Act as the main contact for General Contractors, Owner Representatives, Consultants, and Operation Teams for schematic design, design development, construction administration and any project related items. Work History Grant Thornton Public Sector LLC, January 2020 - present ■ Senior Associate, August 2020 — present ■ Associate, January 2020 — July 2020 Grant Thornton LLP, Associate, October 2018 — December 2019 Los Angeles World Airport, Project Administrator, Jan 2018 — Mar 2021 Harley Ellis Devereaux, Project Administrative Assistant, Jan 2014 — Jan 2018 Education and Certifications B.A., Economics, University of Southern California eft yrOULq lof data contained on this sheet is subject toth6msfric7 on the title page of this propg2�(2J0W_M �. 9 Grant Thornton Public Sector LLC Eric Fey City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Fe 's Outstanding Qualifications for Cross -Functional Expertise Support Eric is an adaptable professional applying general government experience in the public sector while located in our Sacramento office. Eric demonstrates proven talent for analyzing problems using data, developing, and simplifying procedural improvements and operations design. He has developed a particularly strong understanding of the following areas: technical report research, writing and editing, statistical Analysis, and project management. Relevant Experience Grant Thornton Public Sector LLC - Specialization in grant subrecipient monitoring and compliance for disaster relief funding. Assist with Coronavirus Relief Fund reimbursement procedures and interpret US Treasury Department guidelines for New Castle County, DE. Expedite Golden Gate Bridge District's Request for Public Assistance for Federal Emergency Management Agency reimbursement of all eligible costs under Category B. Federal Emergency Management Agency - Provide focused Senior Leadership Briefings to FEMA Region IX Administrator and National Watch Office tracking California's daily response efforts in response to COVID-19. Interface with state and federal partners to determine information requirements within the Incident Command Structure. Conduct research related to a broad range of response topics from state organization, medical & safety developments and data analytics. Florida State University - Research for the Leroy Collins Institute "Better Choices: Evidence -based policymaking techniques could improve Florida's outcomes for delivery of human services programming. Served as Public Administration Graduate Association Vice President. Work History Grant Thornton Public Sector LLC, Associate, April 2021 - present Federal Emergency Management Agency, Situation Unit Lead, July 2020 - January 2021 Florida State University, Research and Teaching Graduate Assistant, August 2019 - present Education and Certifications M.P.A., Florida State University, Projected December 2021 Bachelor of Public Policy Administration in Public Management, James Madison University eft yrOULq lof data contained on this sheet is subject to th6Asfric7q on the title page of this propg2/(2J0 _Mh. 60 Grant Thornton Public Sector LLC Tim Luzano City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Fe 's Outstanding Qualifications for Senior Compliance Specialist Mr. Luzano is a Manager with Grant Thornton Public Sector, LLC. He is an accomplished data management practitioner overseeing engagements regarding data governance, data quality, and data integration. Mr. Luzano is also an accomplished finance professional with demonstrated ability performing financial analysis including, but not limited to Income Statement analysis, Budgeting, Forecasting, and Cost Planning. Mr. Luzano has extensive Public Sector experience working with Texas Department of Transportation (TxDOT), Utah Department of Transportation (UDOT), and Hawaii Department of Transportation (HDOT). Relevant Experience Grant Thornton, Utah Department of Transportation — Grant Thornton is currently working with the Utah DOT to implement an open data and business intelligence platform to provide them with an analytical, reporting and dashboard management tool that provides transparency and actionable information. This solution provides an integrated data storage, ETL and data visualization platform used to facilitate functions with the agency and enables personnel at UDOT to perform their jobs more efficiently. Texas Department of Transportation — Grant Thornton was hired to provide TxDOT with EIM strategic planning services including the development of an information management strategy and a 10-year implementation roadmap to modernize TxDOT's data management and analytics platform, as well as the supporting projects and programs needed to help make such a platform successful. Hawaii Department of Transportation — Grant Thornton is working to implement an open data and BI platform for the Hawaii Department of Transportation in order to deliver actionable insights to stakeholders throughout the agency using up-to-date, accurate data through a series of dashboards and reports hosted on the cloud -based data portal. Grant Thornton's efforts with HDOT include process automation, data transformation, custom report development work and collaborating with leadership to design and track Key Performance Indicators for the organization (KPIs). The entire engagement operates using agile project management under which requirements and solutions evolve through the collaborative effort of self -organizing and cross -functional teams and their customer/end user. Work History Grant Thornton Public Sector LLC, Manager, Aug 2018 - present Sears Holdings Corporation, Manager Reporting and Analytics, Nov 2015 — Feb 2017 Brown -Forman, Senior Financial Analyst, June 2013 — June 2015 Humana, Financial Analyst, June 2009 — June 2013 McCauley, Nicolas, and Company, Staff Accountant, Nov 2008 — May 2009 General Electric, Financial Services Representative, May 2006 — Oct 2008 Education and Certifications M.S., Business Analytics, University of Notre Dame M.B.A., Indiana University B.S., Accounting, Indiana University Certified Data Management Professional (CDMP) Project Management Professional (PMP) Certified Scrum Master (CSM) 5.0 References Grant Thornton's references are included in section 4.1 References. eft yrOULq lof data contained on this sheet is subject to th6Asfric7Q on the title page of this propg2/(2J0 _Mh. 61 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 6.0 Evidence of Financial Capacity Grant Thornton, if awarded a contract, will provide requested evidence of financial capacity. Oft yrOULq lof data contained on this sheet is subject ttoth6msfricia on the title page of this propg2�(2J0W_M �. 2 Grant Thornton Public Sector LLC 7.0Insurance City of Santa Ana I RFQ 21- 093 Revised Proposal Grant Thornton maintains professional liability insurance and general commercial liability insurance coverage for the provision of accounting and advisory services. The insurance coverage and limits are consistent with other national accounting firms of its size. Upon acceptance of Grant Thornton's proposal to provide services, and upon request, Grant Thornton will provide the City verification of professional liability insurance and/or a certificate of general commercial liability insurance. Grant Thornton does not provide copies of its insurance policies to third parties. [NOTE: SEE SECTION 2.6 FOR WARRANT OF ERRORS AND OMISSIONS INSURANCE] eft yrOULq lof data contained on this sheet is subject to th6Asiric74 on the title page of this propg2/(2J0 _Mh. 63 * GrantThornton GT.COM This proposal is the work of Grant Thornton Public Sector LLC, the U.S. member firm of Grant Thornton International Ltd, and is in all respects subject to negotiation, agreement, and signing of specific contracts. The information contained within this document is intended only for the entity or person to which it is addressed and contains confidential and/or proprietary material. Dissemination to third -parties, copying, or use of this information is strictly prohibited without the prior written consent of Grant Thornton Public Sector LLC. "Grant Thornton" refers to the brand under which the Grant Thornton member firms provide assurance, tax and advisory services to their clients and/or refers to one or more member firms, as the context requires. Grant Thornton International Ltd (GTIL) and the member firms are not a worldwide partnership. GTIL and each member firm is a separate legal entity. Services are delivered by the member firms. GTIL does not provide services to clients. GTIL and its member firms are not agents of, and do not obligate, one another and are not liable for one another's acts or omissions. Tax Professional Standards Statement This document supports Grant Thornton LLP's marketing of professional services, and is not written tax advice directed at the particular facts and circumstances of any person. If you are interested in the subject of this document we encourage you to contact us or an independent tax advisor to discuss the potential application to your particular situation. Nothing herein shall be construed as imposing a limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. To the extent this document may be considered to contain written tax advice, any written advice contained in, forwarded with, or attached to this document is not intended by Grant Thornton to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. ©2020 Grant Thornton Public Sector LLC I All rights reserved I A wholly -owned subsidiary of Grant Thornton LLP City Council 31 — 75 12/21/2021 Finance and Management Services www.santa-ana.org/finance Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Depository Banking Services AGENDA TITLE: Resolution Designating J.P. Morgan Chase Bank, N.A. as the Continuing Official Depository for the City of Santa Ana and First Amendment to Agreement with J.P. Morgan Chase Bank, N.A., for Banking -Related Services in the Amount not to exceed $562,500, which Includes a General Contingency of $187,500 (Non -General Fund) RECOMMENDED ACTION 1. Adopt a resolution designating J.P. Morgan Chase Bank, N.A. the official depository for the City of Santa Ana for five years, commencing January 1, 2022 through December 31, 2026. 2. Authorize the City Manager to execute a First Amendment to Agreement with J.P. Morgan Chase Bank, N.A. for banking -related services for an amount not to $562,500, which includes a general contingency of $187,500. The First Amendment to Agreement shall commence January 1, 2022, and expire December 31, 2026, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury & Customer Service Division ("Treasury") of the Finance and Management Services Agency ("FMSA") is responsible for maintaining all banking -related services and transactions for the City, Successor Agency, and Housing Authority. Banking -related services include, but are not limited to, the following: daily deposit processing (electronic/physical checks, currency, and coin), check clearing, Automated Clearing House (ACH), gateway services, wire services, and account reconciliation. Having previously released a Request for Proposals (RFP No. 2016-111) in September 2016, JPMorgan Chase Bank, N.A. ("JPMC Bank")'s proposal was found to be the utmost responsive to the City's future needs, and substantially offered the peak value both in terms of price and compensating balance interest earnings, which were furthermore the most appropriate and flexible for the depository/banking services currently sought by the City. Because of the continuing and far reaching impacts of the COVID-19 pandemic on the nation's economy and because the pandemic triggered both health and fiscal responses City Council 32 — 1 12/21/2021 First Amendment to Agreement with J.P. Morgan Chase Bank, N.A. December 21, 2021 Page 2 unprecedented in terms of disruptiveness and magnitude, acquiring a new bank for depository and banking services is not recommended until a sustained nationwide economic normalization has been attained. As our incumbent financial banking services provider, JPMC Bank has offered the City expert advice, industry insights and continuing commitment state of the art treasury products to meet the ongoing and evolving needs of the City. As part of this First Amendment to Agreement, JPMC Bank is agreeing to maintain the concessionary agreed to price and compensating balance interest earnings encompassed within the original agreement. In addition, JPMC Bank is agreeing to a bank -managed earnings credit of 23 basis points ("23BPS"), and as a further testament to their commitment to the City and the City's banking relationship, JPMC Bank is offering the City a one-time $20,000 retention allowance to be used on supplies and/or equipment over the next 12 months, beginning January 1, 2022. JPMC Bank is the largest commercial bank in the United States and a global leader in financial services, offering solutions to the world's most important corporations, governments, and institutions in more than 100 countries. JPMC Bank has taken pride in cultivating a strong banking services relationship with the City. Therefore, staff recommends the approval of a First Amendment to Agreement with JPMC Bank for depository and banking services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Monthly bank fee balances not offset by earning allowances on compensating balances maintained with Bank in accordance with the banking services agreement will be deducted from interest earned on account balances deposited into account (No. 09401001-24000). Funds will be budgeted for expenditure as follows: Accounting Accounting Unit - Fund Unit - Contracted Annual Rate Maximum FY Account Description Accounting Amount Increase Amount No. No. (Contingency) Description 2021- 09401001- FMSA - Balance Trust & $37,500 $18,750 $56,250 22 24000 Sheet Agency 2022- 09401001- FMSA - Balance Trust & $75,000 $37,500 $112,500 23 24000 Sheet Agency 2023- 09401001- FMSA - Balance Trust & $75,000 $37,500 $112,500 24 24000 Sheet Agency City Council 32 — 2 12/21/2021 First Amendment to Agreement with J.P. Morgan Chase Bank, N.A. December 21, 2021 Page 3 2024- 09401001- FMSA - Balance Trust & $75,000 $37,500 $112,500 25 24000 Sheet Agency 2025- 09401001- FMSA - Balance Trust & $75,000 $37,500 $112,500 26 24000 Sheet Agency 2026- 09401001- FMSA - Balance Trust & $37,500 $18,750 $56,250 27 24000 Sheet Agency Subtotal: Subtotal: Grand Total: $375,000 $187,500 $562,500 EXHIBIT(S) 1. Resolution 2. First Amendment to Agreement with J.P. Morgan Chase Bank, N.A. Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 32 — 3 12/21/2021 EXHIBIT 1 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING JP MORGAN CHASE BANK, N.A., AS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS, EFFECTIVE JANUARY 1, 2022, AND DESIGNATING SIGNATORIES AUTHORIZED FOR THE PURPOSE OFWITHDRAWAL OF SAID FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares asfollows: A. The City Council of the City of Santa Ana ("City") has declared a policy of designating a bank within the City or in its immediate vicinity to act as depository for the demand deposits of City funds. B. After reviewing the outstanding performance of J.P. Morgan Chase Bank, N.A. as the City's depository banking services provider beginning from January 1, 2017 through December 31, 2019 and having found J.P. Morgan Chase Bank, N.A.'s proposal for continued depository banking services to be superior in terms of pricing and bank managed earnings credit, the City hereby re -designates JPMorgan Chase Bank, N.A., 1300 North Main Street, Santa Ana, California ("Bank"), as the banking institution that shall receive and act as depository for City funds and trust funds in control of said City, beginning January 1, 2022, for a term of five (5) years through December 31, 2026. Section 2. The Executive Director of Finance and Management Services of the City and the Assistant Director of Finance and Management Services of the City (when acting as designee of the Executive Director of Finance and Management Services) are hereby authorized for and on behalf of the City, and as its officers and agents, to sign City of Santa Ana checks for the withdrawal of said funds so deposited, both by facsimile signature machine -imprinted upon City checks and by manually affixed signature upon City checks. Section 3. The Assistant Director of Finance and Management Services and the Treasury and Customer Services Manager of the City are hereby authorized for and on behalf of the City, and as agents of the City and deputies of the Executive Director of Finance and Management Services to sign City of Santa Ana checks for the withdrawal of said funds so deposited by manually affixed signature thereon. Section 4. Said Bank is hereby authorized and directed to pay out from said City funds to the payees respectively designated on any City checks, signed in the manner and by any of the persons hereinabove authorized, in the amounts shown on the face of said checks. - xx City Council 32 — 4 2/2 � of 3 Section 5. The City Manager is hereby authorized to designate in writing agents who shall be authorized to sign City checks for the payment or withdrawal of said funds when, due to physical absence, incapacity or death of any of said authorized signatories, it may be necessary on a temporary basis to provide other means for the signing of City checks, and/or for the payment or withdrawal of said funds. Any such authorization shall set forth the necessity for such designation, the period of time during which said authorization shall continue (bygiving the exact starting and termination dates) and shall contain the certification of the Clerk of the Council over the official seal of the City of Santa Ana certifying that said authorization is in fact, signed by the qualified and acting City Manager, shall contain a specimen signature of the person designated as such temporary agent, and shall be delivered to said Bank. Section 6. The City Manager, or his designee, is hereby authorized to execute and submit all documents, including but not limited to applications, agreements and amendments which may be required to effectuate the banking services necessary for the administration ofthe City's demand deposit account. Section 7. A certified copy of this Resolution, together with the signatures of the two agents herein authorized to act in manual form and copies of the facsimile signature machine -imprints of the Executive Director of Finance and Management Services and Assistant Director of Finance and Management Services certified by the Clerk of the Council to be the signatures of said persons, and the imprints of the official facsimile signature plates, shall be delivered to said Bank before the 1 st day of January, 2022. Whenever any of said agents leave the employment of the City, is absent therefrom, or incapacitated for a period of time that will affect the issuance of City checks, the Clerk of the Council shall notify said Bank of said fact and shall certify the names, titles, and signatures of the person(s) then designated as agent(s) of the City for the purpose of signing City checks in the manner hereinabove provided and shall notify said Bank of every termination of such authorization immediately upon receipt of such information. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 21 st day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ndon Salvatierra Deputy City Attorney City Council 32 — 5 ResolutigrQ/�q./ 1xxx Page 2 of 3 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on December 21, 2021. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 32 — 6 Resolutiol2alIA?-�xx Page 3 of 3 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OFSANTA ANA AND JPMORGAN CHASE BANK, N.A. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, 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 JPMorgan Chase Bank, N.A. ("Banking Services Provider"). RECITALS: A. On December 6, 2016, the City entered into Agreement No. A-2016-366 ("Agreement") with JPMorgan Chase Bank, N.A. in which Banking Services Provider, having special skill and knowledge in the field of banking services, banking technology, and related ancillary services to include but not limited to: daily deposit processing, image cash letter (ICL) deposits, check clearing, wire services, automated clearing house (ACH) transactions, positive pay services, account reconciliation, direct deposit of accounts payables, account analysis services, lockbox services, client staff training, the latter, to the extent reasonably required for City to utilize the services provided. B. In a letter dated November 1, 2021 (Exhibit G), JPMorgan Chase, N.A. memorialized their services with the City under the Agreement for the previous five (5) years. C. The parties desire to amend the Compensation, Term, Insurance, and Miscellaneous clauses of said Agreement. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to read as follows: a. Amount of Banking Fees. Upon execution of this Agreement, City will pay Banking Services Provider as outlined in Exhibit H, as applicable to the services selected. Payment need not to be made for work, which fails to meet the standards of performance set for in the Recitals, which may reasonably be expected by City. The parties recognize and agree that earnings credit for City's funds on deposit with Banking Services Provider will be applied against fees otherwise payable by City and if the fees during any month exceed the earnings credit for City's balances during that month, insufficiency will be carried over each succeeding month until such insufficiency plus subsequently incurred fees are paid in full, subject to settlement each six (6) months or monthly at the sole discretion of the City. (1) Banking Services Provider will provide to City an account analysis statement each month, depicting fees incurred and earnings credits earned for that month, and following each six (6) month period, will prepare an invoice for fees incurred for the preceding six (6) month period, and the City Council 32 — 7 12/21 of 6 earnings credits earned during that timeframe. (2) If the aggregate earnings credits earned are insufficient to cover the aggregate of fees incurred during that timeframe, City shall pay the resulting deficiency to Banking Services Provider within forty-five (45) days of its receipt of the semi-annual settlement invoice. b. Compensation directly payable by City to Banking Services Provider, exclusive of earnings credit for City funds on deposit with Banking Services Provider, shall not exceed $75,000 annually plus a fifty (50) percent annual contingency for the term of this Agreement. 2. Section 3, General Provisions, subsection 3-1 Term of the Agreement. The parties agree to extend the term of the Agreement for an additional five (5) year period through December 31, 2026, unless terminated earlier in accordance with Section 3-2 below. 3. Section 3, General Provisions, subsection 3-9 Insurance, shall be amended to read as follows: 3-9. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to Consultant's profession, with limit no less than $5,000,000 per occurrence or claim and $10,000,000 in the aggregate. 5. Cyber Liability: Insurance, with limits not less than $5,000,000 per occurrence or claim, $10,000,000 aggregate. Coverage shall besufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include, but not be limited to, City Council interruption, cyber extortion, scar &ngineering, infringemen12/4/2021 Page 2 of 6 intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with suchwork or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least asbroad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shallnot contribute with it. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to theCity. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor topurchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. City Council 32 — 9 12/21 /2021 Page 3 of 6 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contractof work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at anytime. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 4. Section 3, General Provisions, subsection 3-26 Miscellaneous Provisions, shall be amended to add a subsection a., which subsection shall read as follows: Page 4 of 6 City Council 32 — 10 12/21/2021 // // g. Banking Services Provider shall provide a one-time Twenty -Thousand Dollar ($20,000) retention allowance to the City to be applied to banking supplies or equipment purchased from the Banking Services Provider over the next Twelve (12) months beginning January 1, 2022. {Signatures on following page} City Council 32 — 11 12/21 /2021 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement as of the last date and year written below. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: . kz�r j . Kathryn Downs (Dec 7, 2021 13:56 PST) KATHRYN DOWNS, CPA Executive Director Finance and Management Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager BANKING SERVICES PROVIDER JPMORGAN CHASE BANK, N.A. r4v� Namd Y&dnda Anaya-Mates Title: Vice President City Council 32 — 12 12/21 /2021 Page 6 of 6 J.P. Morgan EXHIBIT G November 1, 2021 Attn: Willard Holt —Treasury & Customer Services Manager 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Holt, Your Government Banking team at JPMorgan Chase Bank, N.A. (the "Bank") is extremely excited for the opportunity to continue our successful banking relationship with the City of Santa Ana (the "City"). As your incumbent financial services provider overthe pastfive (5) years, wetrustyou have found ourexpert advice, industry insights and state of the art treasury products valuable and responsive to the ongoing needs of the City. Based on our conversations and understanding of the City's goals, we are proposing the following with respect to our banking relationship, subject to execution of a mutually agreeable amendment to the current Banking Services Agreement: • Extending our current Banking Services Agreement for an additional Five (5) years beginning January 1, 2022; • Pricing for pre-existing services that are listed in Exhibit B or Exhibit B-1 of the current Banking Services Agreement will remain the same during the extension term as will pricing for services listed on such exhibits that are added during the current term of the agreement; • This pricing will also be maintained for new services requested by the City via any mutually agreed to change order made during the five-year extension term, provided that the new services are listed in Exhibit B or Exhibit B-1 of the current Banking Services Agreement; • In the event the City requests any service that is not listed in Exhibit B or Exhibit B-1 of the current Banking Services Agreement and the Bank agrees to provide such service, the implementation of such service shall be subject to additional terms and fees to be mutually agreed upon at the time of the City's request; • Earnings Credit to be calculated at a Bank managed rate', currently 23BPS; and • A one-time Twenty -Thousand Dollar ($20,000) retention allowance provided by the Bank to the City to be applied to banking supplies or equipment purchased from the Bank over the next Twelve (12) months beginning January 1, 2022. We appreciate the opportunity to continue serving the City's banking needs, and look forward to hearing from you. Sincerely, JPMorgan Chase Bank, N.A. By: Yolanda A. Mates Yolanda Mates, Authorized Officer 'Bank managed rates are reviewed and updated periodically by the Bank after considering a range of factors, including the market rate environment. JPMorgan Chase Bank N.A., 3 Park Plaza Irvine 9t" Floor, Irvine CA 92614 Telephone: 213-804- 4659 Finail• Ynlanrla a mates-Qpmnrgan rnm City Council 32 — 13 12/21/2021 Exhibit H Pro Forma Analysis Customer: THE CITY OF SANTA ANA JY Morgan Service Analysis* Unit Charge For Service Description Number of Units Price Service ACCOUNT SERVICES DAILY OVERDRAFT OCCURRENCE FEE 1 $0.0000 $0.00 NEGATIVE COLLECTED BAL FEE 1 $1.2600 $1.26 ACCOUNT MAINTENANCE 7 $3.5000 $24.50 ACCT MAINT-INT ADJ BAL 0 $150.0000 $0.00 STATEMENT CYCLES 6 $0.0000 $0.00 STATEMENT CYCLES - ENHANCED 2 $0.0000 $0.00 AUDIT CONFIRMATIONS 1 $50.0000 $50.00 ARP PAID ITEM RETURN CREDIT 3 $0.0000 $0.00 ONLINE AUDIT CONFIRMATIONS 7 $0.0000 $0.00 BLOCKED ACCOUNT MAINTENANCE 1 $500.0000 $500.00 OVERDRAFT NSF ITEM PAID 3 $38.0000 $114.00 POST NO CHECKS MAINTENANCE 1 $0.0000 $0.00 CREDIT POSTED- ELECTRONIC 466 $0.1500 $69.90 DEBIT POSTED - ELECTRONIC 126 $0.1500 $18.90 AUTOMATED CLEARING HOUSE TRANS REVIEW MAINTENANCE 2 $12.0000 $24.00 ACH MAINTENANCE 1 $10.0000 $10.00 CREDIT RECEIVED 455 $0.0000 $0.00 DEBIT RECEIVED 117 $0.0000 $0.00 RETURN ITEM 3 $4.0000 $12.00 NOTIFICATION OF CHANGE 3 $4.0000 $12.00 RETURN NOTIFICATION - ONLINE 3 $1.0000 $3.00 NOTIF OF CHANGE - ONLINE 3 $0.0000 $0.00 ELOCKBOX FILE PROCESSING 21 $6.0000 $126.00 CREDIT ORIGINATED - JPM ACCESS 4,465 $0.0300 $133.95 DEBIT ORIGINATED - JPM ACCESS 28 $0.0300 $0.84 JPM ACCESS ACH MAINTENANCE 6 $10.0000 $60.00 ELOCKBOX RETURN - ELECTRONIC 1 $2.5000 $2.50 ADDENDA RECORD ORIGINATED 48 $0.0300 $1.44 NOTIF OF CHANGE - EMAIL 1 $1.5000 $1.50 RETURN NOTIFICATION - EMAIL 1 $1.5000 $1.50 TRANSACTION BLOCK MAINTENANCE 7 $3.0000 $21.00 ACH TRANS BLOCK AUTHORIZED ID 30 $0.2000 $6.00 ELOCKBOX MAINTENANCE 1 $25.0000 $25.00 ELOCKBOX TRANSACTION RECEIVED 3,385 $0.0400 $135.40 ELOCKBOX TRANSACTION REFORMAT 3,385 $0.0000 $0.00 BALANCE BASED CHARGES BALANCE BASED CHARGES 1 $760.4600 $760.46 Subtotal $760.46 BANKING CENTER SERVICES BRANCH CREDITS POSTED 34 $0.7500 $25.50 BRANCH ORDER - COIN ROLL 1 $0.1000 $0.10 BRANCH ORDER CURRENCY STRAP 12 $0.2500 $3.00 BRANCH ORDER PROCESSED 2 $2.0000 $4.00 TELLER LINE CASH VERIFICATION 71 $0.0032 $0.23 Subtotal $32.83 DEPOSITORY SERVICES CHECK DEPOSITED -ON US 137 $0.0400 $5.48 CHECK DEPOSITED -TRANSIT 858 $0.0600 $51.48 IMAGE GROUP ONE 2,180 $0.0300 $65.40 ON -US STANDARD 182 $0.0300 $5.46 IRD PERIOD ONE 1 $0.5000 $0.50 FILE TRANSMISSION REC.- VPN 139 $2.1583 $300.00 IMAGE GROUP TWO 3,965 $0.0300 $118.95 IMAGE GROUP TWO - TIER 2 213 $0.0300 $6.39 ON US PREMIUM 1,072 $0.0400 $42.88 IMAGE GROUP ONE - PERIOD TWO 1,576 $0.0300 $47.28 ICL DEPOSIT STANDARD 73 $0.3000 $21.90 IMAGE QUALITY SUSPECT ITEMS 11 $0.2500 $2.75 ICL DEPOSIT EARLY 56 $0.3000 $16.80 CREDITS PO RETURN ITEM(P11C�� 3- 16 $4.0000nn 12/IP021 RETURN DETA O( 16 $0.3000 4. RETURN - EMAIL NOTIFICATION 16 $1.0000 $16.00 DISBURSEMENT SERVICES CHECK CASHING NON-ACCT HOLDER STOP PAYMENT - MANUAL 2 $0.0000 $0.00 2 $35.0000 $70.00 STOP PAYMENT AUTOMATIC RENEWAL 55 $2.0000 $110.00 CHECK / DEBIT POSTED 1,664 $0.0300 $49.92 IMAGE STORAGE PER ITEM 1,826 $0.0200 $36.52 CHECK INQUIRY MAINTENANCE 6 $0.0000 $0.00 RECON REPORT / STATEMENT MAINT 5 $0.0000 $0.00 EXCEPTION NOTIFICATION - ACCT 5 $0.0000 $0.00 STOP PAYMENT- ELECTRONIC 9 $2.0000 $18.00 DATA DOWNLOAD 5 $0.0000 $0.00 Subtotal $284.44 INT REC & PAY - COLLECT REMOTE LOCKBOX CAPTURE MAINT 0 $100.0000 $0.00 REMOTE LOCKBOX CAPTURE ITEM 0 $0.5000 $0.00 Subtotal $0.00 INT REC & PAY - REPORT RECEIVABLES MAINT- ONLINE 1 $100.0000 $100.00 LONG TERM STORAGE - CHECK 100 $0.0300 $3.00 LONG TERM STORAGE - DOCUMENT 130 $0.0600 $7.80 ALERTS - PER ALERT 0 $0.0000 $0.00 RECEIVABLES MAIN - REPORTS 1 $25.0000 $25.00 RECEIVABLES MAINT- RETURNS 1 $25.0000 $25.00 Subtotal $160.80 INTERNATIONAL SERVICES DEPOSITED CHECK - CANADIAN 1 $5.0000 $5.00 Subtotal $5.00 JPMORGAN ACCESS MONTHLY SERVICE 1 $40.0000 $40.00 ACCOUNTS REPORTED 8 $15.0000 $120.00 TRANSACTIONS REPORTED - 45 DAY 2,579 $0.0500 $128.95 EXTENDED TRANSACTION DETAIL 7,402 $0.0000 $0.00 Subtotal $288.95 OTHER CHARGES AND CREDITS RESEARCH ADJUSTMENT CREDIT RESEARCH ADJUSTMENT DEBIT RECONCILIATION SERVICES FULL RECONCILEMENT - PER ITEM FULL RECONCILEMENT - MAINT $0.0000 $0.00 $0.0000 $0.00 1,663 $0.0300 $49.89 5 $20.0000 $100.00 PAYEE NAME VERIFICATION 1,663 $0.0300 $49.89 POSITIVE PAY MAINTENANCE 5 $0.0000 $0.00 EXCEPTION ITEM 7 $2.0000 $14.00 CHECK EXCEPTION RETURN 3 $5.0000 $15.00 OUTPUT FILE 55 $0.0000 $0.00 DATA ENTRY - MANUAL 5 $2.0000 $10.00 CD ROM - PER CD 1 $10.0000 $10.00 CD ROM MAINTENANCE 1 $0.0000 $0.00 IMAGE CAPTURE PER ITEM 1,826 $0.0500 $91.30 Subtotal $340.08 VAULT SERVICES VAULT DEPOSIT 115 $0.5500 $63.25 VAULT DEPOSIT PER $1,000 761 $0.1796 $136.68 VAULT NOTES DEPOSITED 25,495 $0.0000 $0.00 VAULT ORDER COIN ROLLS 33 $0.0800 $2.64 VAULT ORDER - COIN ROLL BOX 70 $0.0800 $5.60 VAULT STANDARD ORDERS 2 $2.0000 $4.00 VAULT ORDER CURRENCY STD STRAP 7 $0.2500 $1.75 VAULT ORDER CURR NON STD STRAP 96 $0.0250 $2.40 VAULT DEP PARTIAL OR MIXED BAG 143 $3.0000 $429.00 VAULT DEPOSIT STD COIN BAG 31 $1.0000 $31.00 VAULT ORDER SUPPLIES 1 $7.2500 $7.25 VAULT DEPOSIT ADJUSTMENT 3 $5.0000 $15.00 Subtotal 698.57 WHOLESALE LOCKBOX LOCKBOX -MAINT 1 $100.0000 $100.00 WHOLESALE ITEM 100 $0.5000 $50.00 UNPROCESSABBQQL�`E++ITEM 1 $0.5000 $0.50 CHECKECLEAR1Di0.y Council 32 - 15 100 $0.11100 12/01k21 INCOMING COURIER PACKAGE 0 $25.0000 $0.00 CASH PROCESSING 0 $11.0000 $0.00 WNLB CREDIT CARD AUTHORIZATION 0 $2.0000 $0.00 CHECK MICR CAPTURE 100 $0.0250 $2.50 DATA CAPTURE 0 $0.0140 $0.00 PAPER DELIVERY PREP 0 $0.4000 $0.00 POSTAGE 0 $0.4229 $0.00 DOCUMENT IMAGE CAPTURE 130 $0.0500 $6.50 ADDITIONAL PROGRAMMING 0 $150.0000 $0.00 DEPOSIT PREPARATION 21 $2.2500 $47.25 WIRE - U.S. FW SURCHARGE $10 MILLION+ D/C 2 $0.1400 $0.28 ELECTRONIC BOOK DEBIT S/T 3 $2.0000 $6.00 ELECTRONIC FED DEBIT S/T 10 $6.5000 $65.00 REPETITIVE INSTRUCTION STORAGE 2 $0.0000 $0.00 FED TRANSFER FEE 18 $0.0000 $0.00 BOOK CREDIT 2 $3.0000 $6.00 FED CREDIT S/T 10 $7.0000 $70.00 RETURNED PAYMENT INVESTIGATION 1 $50.0000 $50.00 ESERVE INVESTIGATION 1 $0.0000 $0.00 INV CREDIT NOT CHARGED 1 $0.0000 $0.00 ADVICE - NOT CHARGE 20 $0.0000 $0.00 TRANSFER - NO CHARGE 1 $0.0000 $0.00 City Council 32 - 16 12/21/2021 Exhibit 1 Final Audit Report Created: 2021-12-07 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA-Wkj2euNQRWuIF7MXNHW23gZSIYzghE3 "Exhibit 1" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2021-12-07 - 9:50:03 PM GMT- IP address: 98.153.69.210 Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2021-12-07 - 9:50:32 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2021-12-07 - 9:56:18 PM GMT- IP address: 98.153.69.210 �4 Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2021-12-07 - 9:56:32 PM GMT - Time Source: server- IP address: 98.153.69.210 © Agreement completed. 2021-12-07 - 9:56:32 PM GMT 2021-12-07 AdokliCri uncil 32 — 17 12/21/2021 City Manager Office www.santa-ana.org/cm Item # 33 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: PFAS Legislation AGENDA TITLE: Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies RECOMMENDED ACTION Adopt a resolution supporting federal PFAS legislation that protects ratepayers and water/wastewater agencies. DISCUSSION At the November 16, 2021 meeting, Councilmember Mendoza added the following councilmember requested item: Discuss and Consider Directing the City Manager to Direct Staff to Introduce a Resolution Supporting PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies. There was consensus among members of the City Council to proceed with this item. About PFAS Dating back to the 1940s, Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) have been commonly used to coat carpets, clothes, furniture, food packaging, cookware and other products. These chemicals were popular for their resistance to water, stains and food sticking, which made them particularly useful in cookware. They were also used in fire -fighting foams, cleaning products and industrial uses. PFOA and PFOS are part of a larger group of inorganic chemicals referred to as per -and polyfluoroalkyl substances (PFAS). Most people have been exposed to PFAS through consumer products, but drinking water can be an additional source of exposure in communities where these chemicals have entered water supplies. How PFAS Gets Into Drinking Water PFAS is common in groundwater in urban and industrial areas like Orange County, where remnant traces from consumer products and factories, military bases and other industrial uses are found. PFAS can its way into rivers, such as the Santa Ana River, which City Council 33 — 1 12/21/2021 PFAS Legislation December 21, 2021 Page 2 replenishes much of Orange County's groundwater that may be used for water supplies or for private drinking water wells. Testing of Santa Ana River surface water in Orange County has detected PFAS. These results can partially be explained by the presence of PFAS in upstream treated wastewater discharges from sewage treatment facilities in Riverside and San Bernardino counties. PFAS ends up in wastewater by rinsing products containing the chemicals, which go down the drain and into waste treatment plants. While these are locations that can introduce PFAS into the water system, it is important to remember that people can also be exposed to PFAS through food, food packaging, consumer products, and house dust. In the 2000s, manufacturers began voluntarily phasing out use of PFOA and PFOS under a federal Environmental Protection Agency program. Although most PFAS chemicals are no longer manufactured in the United States, they still are produced in other countries and products that contain them may be imported, such as carpets, leather and apparel, textiles, paper and packaging, coatings, rubber, and plastics. Current scientific research suggests that exposure to high levels of PFAS may lead to adverse health outcomes. However, research is still ongoing to determine how PFAS exposure can lead to a variety of health effects. Research is also underway to better understand the health effects associated with low levels of exposure to PFAS over long periods of time, especially in children. More information about the effects of PFAS are available on the Environmental Protection Agency's website: www.epa.gov/pfas/pfas-explained. Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies Attached for consideration by the City Council is a resolution (Exhibit 1) that supports the principles that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur. Further, this resolution calls upon the Orange County delegation to support this and related policy positions to protect ratepayers and water/wastewater agencies. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution City Council 33 — 2 12/21/2021 PFAS Legislation December 21, 2021 Page 3 Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 33 — 3 12/21/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WASTE/WASTEWATER AGENCIES WHEREAS, Per- and Polyfluoroalkyl Substances ("PFAS") are a group of man- made chemicals created by chemical manufacturers and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies; and WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District, and are estimated to cost Orange County more than $1 billion, over 30 years —a cost that will likely increase; and WHEREAS, ratepayers are at risk from pending PFAS legislation and associated PFAS costs, and water agencies and stakeholders must take action to inform members of Congress of these devastating impacts; and WHEREAS, all PFAS related legislation must therefore exempt water and wastewater agencies from any liability for PFAS cleanup costs; and WHEREAS, a water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup; and WHEREAS, given the potential for federal legislation, such as the PFAS Action Act of 2021 (H.R. 2467), to expose water agencies that simply receive and treat water supplies, with across-the-board liability for PFAS-related cleanups when they have no responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for water and wastewater agencies; and WHEREAS, under existing law, the U.S. Environmental Protection Agency ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur, and eliminating this analysis would burden ratepayers of all income levels with astronomical costs to comply with drinking water standards; and WHEREAS, amendments to the Safe Drinking Water Act should not delete the longstanding cost -benefit analysis; and WHEREAS, the Orange County Water District supports providing direct grant funding for PFAS remediation to water and wastewater agencies as provided in the Senate -passed Infrastructure Investment and Jobs Act (H.R. 3684). Resolution No. 2021-XXX City Council 33 — 4 12/21V20Ti of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council of the City of Santa Ana hereby supports these federal PFAS policy principles to protect water/wastewater agencies and their ratepayers. Section 2. The Orange County Congressional Delegation and California Senatorial Delegation are called upon to cast votes implementing these public policy positions. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 33 — 5 12/21920T4 of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 33 — 6 12/21920T4 of 3 Public Works Agency www.santa-ana.org/pw Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Resolution to Carry Over Existing Funds to the 2023 Federal Transportation Improvement Program AGENDA TITLE Resolution and Authorization to Carry Over Grant Funds to the 2023 Federal Transportation Improvement Program as Required by Funding Agency RECOMMENDED ACTION 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2023 Federal Transportation Improvement Program. 2. Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2023-2028 Federal Transportation Improvement Program, and confirm the City's commitment to implement all projects submitted to the program. DISCUSSION The recommended actions would authorize the City Manager to request that the Orange County Transportation Authority (OCTA) carry over federally funded projects or projects subject to a federally required action, including regionally significant projects, from the current Federal Transportation Improvement Program (FTIP) to the 2023 FTIP. The federal fund sources for those projects include Active Transportation Program (ATP); Highway Bridge Replacement and Rehabilitation (HBRR); Congestion Mitigation and Air Quality (CMAQ); and Demonstration (DEMO) grant funds. The FTIP is the primary programming and implementation process for projects identified in the Regional Transportation Plan (RTP), administered by the Southern California Association of Governments. The FTIP lists projects and identifies funding sources for every regionally significant transportation project that receives federal or state funds. The Orange County Transportation Authority (OCTA) requested that all agencies countywide carry over all federally funded projects from the existing FTIP to the 2023 FTIP if project completion occurs after 2021. The FTIP carry-over occurs every two years and marks the adoption of the new cycle. City Council 35 — 1 12/21/2021 Resolution to Carry Over Existing Funds to the 2023 FTIP December 21, 2021 Page 2 To maintain the eligibility of allocated federal funds, the City was required to adopt a Resolution (Exhibit 1) listing projects to be included or amended in the FTIP and submit to OCTA by November 30, 2021. However, OCTA has extended this deadline to the end of the 2021 calendar year, to allow additional time to assess and finalize the projects to be carried over. Ultimately, the City cannot receive California Transportation Commission funding allocation approval for these projects without the requested Council -approved Resolution. Staff is requesting authorization to carry over the following projects to the 2023 FTIP: CITY -- PROJECT C• PROJE AV CARRY-OVER PROJECTS FUNDING . ID TYPE 17-6880 ORA151502 Santa Ana Blvd. & 5th St. Protected Bike Lanes ATP 19-6944 ORA170802 City of Santa Ana -First Street Pedestrian ATP Improvements 19-6948 ORA170803 City of Santa Ana -West Willits Street Protected ATP Bicycle Lanes 19-6951 ORA170804 City of Santa Ana-SRTS Davis Elementary ADA ATP Compliance 18-6906 ORA152210 Bristol Street -Edinger Avenue Class II Bike CMAQ Lanes 18-6908 ORA152212 Bristol Street Protected Bicycle Lanes: Edinger CMAQ to First 18-6912 ORA152213 Citywide Bike Racks CMAQ 11-6741 ORA150003 Bristol Street Improvements: Warner Avenue to DEMO St. Andrew Place 15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and Street HBRR Improvements 13-6792 ORA150004 Bristol Street Improvements: Civic Center Drive DEMO to Washington Avenue 20-6964 ORA190901 Fremont Elementary and Spurgeon ATP Intermediate SRTS TBD ORA190915 Bristol Street Protected Bike Lanes: Phase II CMAQ Warner Avenue to St. Andrew Place TBD ORA190916 Bristol Street Protected Bike Lanes: St. Andrew CMAQ Place to Edinger Avenue TBD ORA190917 Bristol Street Protected Bike Lanes: Civic CMAQ Center Drive to Washington Avenue TBD ORA190918 Bristol Street Protected Bike Lanes: First Street CMAQ to Civic Center Drive TBD ORA190919 Warner Avenue Protected Bike Lanes CMAQ City Council 35 — 2 12/21/2021 Resolution to Carry Over Existing Funds to the 2023 FTIP December 21, 2021 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Matching funds for the referenced projects have either already been budgeted and are available for expenditure, or they are programmed to be budgeted in future fiscal years. The projects are in varying stages of completion and for some projects the City Match requirement has been fulfilled. EXHIBIT(S) 1. 2023 FTIP Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 35 — 3 12/21/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS IN THE 2022/23- 2027-28 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana is located within the six -county metropolitan planning boundaries of the Southern California Association of Governments ("SCAG"). B. SCAG is required under both federal and state law to develop a Federal Transportation Improvement Program ("FTIP") for this region in partnership with the six respective county transportation commissions, including the Orange County Transportation Authority, which administers the FTIP in Orange County. The FTIP is a comprehensive listing of all surface transportation projects proposed over a six -year period that will receive federal funding or are subject to a federally required action. C. The City Council has authorized project submittals to the Orange County Transportation Authority for inclusion in the FTIP, where the City is the lead agency for such projects, and will comply with applicable local, state, and federal provisions, including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America. D. All local agency projects must be carried over to the 2023 FTIP if they will be completed after 2021. E. The City agrees to construct Transportation Control Measures projects where applicable. Section 2. The City Council of the City of Santa Ana hereby certifies that the City has the resources to fund the projects submitted in the 2023 Federal Transportation Improvement Program and affirms the City's commitment to implement these projects, which are as follows: City Council 35 — 4 Re4"dY2N41-xxx Page 1 of 3 CITY OCTA A GRANT PROJECT PROJECT I CARRY-OVER PROJECTS FUNDING . ID Moan MM Santa Ana Blvd. & 5th St. Protected Bike Lanes TYPE 17-6880 ORA151502 ATP 19-6944 ORA170802 City of Santa Ana -First Street Pedestrian ATP Improvements 19-6948 ORA170803 City of Santa Ana -West Willits Street Protected ATP Bicycle Lanes 19-6951 ORA170804 City of Santa Ana-SRTS Davis Elementary ADA ATP Compliance 18-6906 ORA152210 Bristol Street -Edinger Avenue Class II Bike CMAQ Lanes 18-6908 ORA152212 Bristol Street Protected Bicycle Lanes: Edinger CMAQ to First 18-6912 ORA152213 Citywide Bike Racks CMAQ 11-6741 ORA150003 Bristol Street Improvements: Warner Avenue to DEMO St. Andrew Place 15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and Street HBRR Improvements 13-6792 ORA150004 Bristol Street Improvements: Civic Center Drive DEMO to Washington Avenue 20-6964 ORA190901 Fremont Elementary and Spurgeon ATP Intermediate SRTS TBD ORA190915 Bristol Street Protected Bike Lanes: Phase II CMAQ Warner Avenue to St. Andrew Place TBD ORA190916 Bristol Street Protected Bike Lanes: St. Andrew CMAQ Place to Edinger Avenue TBD ORA190917 Bristol Street Protected Bike Lanes: Civic CMAQ Center Drive to Washington Avenue TBD ORA190918 Bristol Street Protected Bike Lanes: First Street CMAQ to Civic Center Drive TBD ORA190919 Warner Avenue Protected Bike Lanes CMAQ TBD ORA210901 Raitt Street Protected and Buffered Bike Lane ATP Project TBD H8-12-014 Main Street and 15th Street Intersection Traffic HSSP Si nalization TBD H8-12-015 Intersections of 1st Street at Jackson Street and HSSP 5th Street at Euclid Street Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. City Council 35 — 5 Re4"d f2N41-xxx Page 2 of 3 ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John M. Funk Sr. Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2021 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2021. Date: Clerk of the Council City of Santa Ana City Council 35 — 6 Re$ n12024-xxx Page 3 of 3 Public Works Agency www.santa-ana.org/pw Item # 36 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Grant Applications for Water Well Projects AGENDA TITLE Resolutions Authorizing Grant Application Submissions for California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program (Non - General Fund) RECOMMENDED ACTION Adopt resolutions authorizing the Executive Director of the Public Works Agency to submit grant applications to the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program for various water resources projects in an amount up to $27,031,617L 1. Flower Street Well Project 2. Washington Well Project 3. Well 29 Rehabilitation Project 4. Well 32 Rehabilitation Project 5. Well 38 Water Treatment Project DISCUSSION The majority of the City of Santa Ana's potable water comes from the Orange County Groundwater Basin (OC Basin) and is pumped through 21 existing City wells. Due to a variety of issues, including the presence of per- and polyfluoroalkyl substances (PFAS) found in routine well monitoring, several wells in the City have been taken offline. Given the limited water supplies in the region and recent recurring drought conditions, removing wells from the City's potable water distribution system will reduce its reliability. Rehabilitating existing wells or constructing new wells will reduce the burden on other City water production facilities and the reliance on imported water sources. The Water Resources Division is currently in the design or construction phase of several projects that will rehabilitate existing wells or construct new wells: The Flower Street Well Project will construct a new well capable of adding approximately 4,000 acre-feet per year to the City's pumping capacity. The Washington Well Project will construct a new well that will address low- pressure deficiencies in the distribution system and will add approximately 4,000 acre-feet per year to the City's pumping capacity. City Council 36 — 1 12/21/2021 Adopt Resolution for DWR Drought Relief Grant Applications December 21, 2021 Page 2 • The Well 29 Rehabilitation Improvement Project will reconfigure an existing well site and rehabilitate inefficient pumping equipment. • The Well 32 Rehabilitation Improvement Project will construct infrastructure to facilitate water blending of the high nitrate Well 32 water with low nitrate water from Wells 36 and 39 in order to be added to the City's distribution system. • The Well 38 Wellhead Treatment Project will construct an ion exchange water treatment facility to remove PFAS chemicals from the water and allow the well to be returned to the City's distribution system. The California Department of Water Resources offers financial assistance in the form of grant funding through its Urban and Multibenefit Drought Relief Grant Program for these types of projects. The program provides funding for projects that provide water to communities that face the loss or contamination of their water supplies, address immediate impacts on human health and safety, and protect fish and wildlife resources. If the grant applications (Exhibits 1-5) are successful, the grant funding would offset up to $27,031,617 of the estimated $34,772,367 total project costs. The resolutions (Exhibits 6-10) authorize staff to submit the respective applications. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. EXHIBIT(S) 1. Grant Application for Flower Street Well Project 2. Grant Application for Washington Well Project 3. Grant Application for Well 29 Rehabilitation Project 4. Grant Application for Well 32 Rehabilitation Project 5. Grant Application for Well 38 Water Treatment Project 6. Resolution Authorizing Grant Application for Flower Street Well Project 7. Resolution Authorizing Grant Application for Washington Well Project 8. Resolution Authorizing Grant Application for Well 29 Rehabilitation Project 9. Resolution Authorizing Grant Application for Well 32 Rehabilitation Project 10. Resolution Authorizing Grant Application for Well 38 Water Treatment Project Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 36 — 2 12/21/2021 PROJECT INFORMATION FORM Please complete a unique Project Information Form for each project in the application. There are no character limits on specific questions but the Project Information Form as a whole may not exceed 10 pages. 1. Project Name: Flower Street Well Project 2. Local Project Sponsor (if different than grantee): Same as grantee 3. Please provide the latitude and longitude of the project site. For linear projects or those covering a large area, report the coordinates for a central point. If this information is confidential, it must be clearly labeled "confidential." You can find the latitude and longitude easily using google maps. You can find instructions at the following link: https://support.google.com/maps/answer/18539?hl=en&co=GENIE.Platform%3DDesktop. Latitude: 33°44'39.7"N Longitude: 117°52'36.0"W 4. Please briefly describe the proposed project. The proposed Flower St. Well Project (Project) offers a local supply in times of drought and helps close the projected gap between future demand and available supply, consistent with both City of Santa Ana (the City) and Metropolitan Water District (MWD) drought management policies. The proposed project will augment the low pressures identified in the water system analysis by pumping groundwater into the City's existing water distribution system at a strategic location. Implementation of this project will reduce the City's reliance on imported water by over 4,032 acre- feet per year (AFY). The new Flower St. Well will help build long-term resilience to drought and reduce the need for emergency response actions, while offering the following benefits: • Make additional water supplies available by adding over 4,032 AFY to the City's pumping capacity • Improve water management by enhancing system flexibility • Benefit fish, wildlife and the environment by making the City less reliant on imported water Does this project respond to an existing emergency to humans and/or wildlife? If so, please describe the emergency and how this project is addressing it. Yes, the Project will install a local groundwater well that will increase the City of Santa Ana's resilience to ongoing and future droughts. Currently, the City acquires approximately 22% of its water supply from MWD's imported water connections that receive water from the Colorado River and the State Water Project (SWP) from northern California. Water availability from these sources are directly influenced by climate conditions in northern California and the Colorado River Basin, respectively. Both regions are currently experiencing and have been suffering from multi -year drought conditions that directly impact water supplies delivered to southern California. For instance, due to the on -going drought conditions in the Colorado River Basin, the federal government declared a shortage on the Colorado River for the first time in the existence of the Colorado River Compact. This declaration curtails City Council 36 — 3 12/21/2021 allocations to Colorado River water users. Additionally, the Sierra Nevada Mountains (the source of water for the SWP) are currently designated as Exceptional Drought areas according to the U.S. Drought monitor. The City's ability to pump from Flower St. Well will reduce the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resiliency benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment in the impacted watersheds. Each project must meet one of the following purposes as it relates to drought. Please select the appropriate purpose for your project. a. ❑Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. b. ❑Address immediate impacts on fish and wildlife resources. c. ®Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 7. Each project must enhance regional drought resilience and align with the goals and objectives of the relevant approved Integrated Regional Water Management Plan. You can find the relevant IRWM Region by using the map at the following link: https://gis.water.ca.gov/app/dacs/ The IRWM Plans can be found at the following link: https://water.ca.gov/Work-With- Us/Grants-And-Loans/IRWM-Grant-Programs/Plan-Review-Process. If you have any questions about the IRWM region the contact list can be found at the following link: https://water.ca.gov/Work-With-Us/Grants-And-Loans/IRWM-Grant-Programs. Applicants are encouraged to contact and coordinate with the applicable RWMG for the IRWM region in which the project is located Please identify the IRWM objective your project addresses. The City of Santa Ana is located within the Santa Ana Watershed Project Authority (SAWPA) IRWM region. The Project is in direct alignment with the Goal "Ensure high -quality water for all people and the environment"; specifically the objective "Reduce water system's vulnerability to climate impacts." Additionally, the City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235 meaning the City qualifies as a disadvantaged community. Therefore, this project will directly benefit a DAC as described in the goals of the SAWPA IRWM Plan. 8. Describe the Primary Benefit of the project. Quantified benefit: 4032 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Water Supply - Ground If other please enter: 9. Describe the Secondary Benefit of the project: Quantified benefit: Units (Drop down):mg/L If other please enter: Benefit Type: Ecosystem/Habitat Restoration If other please enter: City Council 36 — 4 12/21/2021 10. Please briefly describe how the project will achieve the claimed benefits. The proposed project will construct a groundwater well with a pumping capacity of 2,500- 3,000 gpm or approximately 4,032 AFY. This increased groundwater pumping capacity will enable the City to reduce its reliance on imported water supplies supplied by MWD simply through the operation of the Flower Street Well. 11. Briefly describe how the community/area benefiting from this project is being impacted by the current drought. The City of Santa Ana relies on a water supply portfolio comprised of imported water received from MWD and groundwater pumped from the Orange County Groundwater Basin. In addition to the shortages in imported water supplies, the City of Santa Ana itself is experiencing Severe Drought conditions as per the U.S. Drought Monitor. The less -than - average levels of annual rainfall have led City water customers to become increasingly reliant on potable water sources. 12. How will this project alleviate the impacts described in your answer to Question 11? By increasing its groundwater pumping capacity, the proposed Flower St. Well project will allow the City of Santa Ana to be less reliant on imported water. Without the Flower St. Well project, the City of Santa Ana will continue to contribute to the demand for the limited and crucial supply of imported water that has already been severely compromised by drought in California. The ability to pump from a managed groundwater source will maintain a sustainable water supply and ensure a reduction in the reliance on imported water sources. 13. Please complete the following budget table for the project. (Identify funding sources in Question 15) BUDGET CATEGORY Grant Amount All Other Cost Total Cost (a) Project Administration (b) Land Purchase / Easement (C) Planning / Design / Engineering 600,000 600,000 / Environmental Documentation (d) Construction /Implementation 4,400,000 1,500,000 5,900,000 TOTAL COSTS 5,000,000 1,500,000 6,500,000 14. Please describe why state funding is needed for this project. If state funding is not secured, what will happen to the project? Award of this grant will allow the City to start implementation of this Project without further delay. The City of Santa Ana is in need of funding for construction of this Project to offset the cost to the City's residents. The City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235. Any offset in cost to the City will significantly benefit the residents of Santa Ana. City Council 36 — 5 12/21/2021 15. Will the applicant provide cost share (encouraged but not required) and/or will this project require any additional funding from sources other than this solicitation? If so, please describe the funding source and indicate if the funding has been secured. If the funding has not been secured, please describe the plan to secure the necessary funding. Yes, as demonstrated above, the City will provide $1,500,000 cost match or 23% of the Project construction cost. . 16. Is land acquisition or landowner permission required for this project? If so, please briefly describe the status of the acquisition or agreement with the landowner. If the acquisition is not complete or permission not secured at the time of application, please describe the plan to complete it. No land acquisition or landowner request is required as the project will be on the property of City of Santa Ana. 17. Has planning and design for this project been completed? If not, please describe the status of planning and design. The planning and design of the project is complete. 18. Are the CEQA (and NEPA if applicable) and permitting processes for this project complete? If not, please briefly describe the permits and CEQA (or NEPA) documents to be completed and projected schedule for completion. The Project will be evaluated for both CEQA and NEPA compliance and it is anticipated that the environmental process for this project will be a mitigated negative declaration. 19. Please briefly describe the necessary construction/implementation for this project. Similar to the City's other wells, the Flower St. Well is proposed to be drilled to a depth of about 1,300 feet below ground surface and be installed with minimum of an 18-inch diameter casing. The design capacity of the well will be about 2,500 gpm (4,032 AFY) well pump flow range. It is estimated that the well pump will be driven by a 350 to 400 HP electric motor and the design head of about 400 to 450 feet. Construction will include the City's typical well to system mechanical piping layout, electrical equipment (e.g. include switchgear, control panels, variable frequency drive, telemetry, lighting, programming, etc.) and well discharge to waste piping for use during well testing and start up. The water produced from the proposed well will be disinfected using sodium hypochlorite (NaOCL) before it is discharged into the water distribution system. The City has standardized the utilization of On -Site Generation (OSG) at all of their well sites to produce a 0.8% solution of sodium hypochlorite for disinfection using salt, softened water and electricity. Additionally, the system components include a water softener, bulk storage tanks for salt and NaOCL solution, metering pumps, a brine saturator, an electrolytic cell, and an electric rectifier. The proposed well building will accommodate housing the well head and piping, electrical cabinets and Southern California Edison (SCE) switchgear. It will have reinforced, solid - grouted concrete masonry walls, a shallow concrete foundation, a concrete floor slab -on - grade, and a gable roof structure. The masonry walls will provide a high level of security, sound attenuation, durability and strength. The exterior surface of the masonry walls will be colored, textured, scored, and/or fluted to create an appearance that will complement the surrounding structures. City Council 36 — 6 12/21/2021 20. Please complete the schedule below for the project. Projects must be complete by March 31, 2026, to allow time for final invoice processing and retention payment before the State funds expire on June 30, 2026. Project administration should end at least three months after construction. Categories Start Date End Date (a) Project Administration 1/1/2022 12/31/202 3 (b) Land Purchase / Easement (c) Planning/ Design / Engineering / Environmental Documentation 1/1/2022 1/1/2023 (d) Construction/ Implementation 1/1/2023 12/31/202 3 City Council 36 — 7 12/21/2021 PROJECT INFORMATION FORM Please complete a unique Project Information Form for each project in the application. There are no character limits on specific questions but the Project Information Form as a whole may not exceed 10 pages. 1. Project Name: Washington Well Project 2. Local Project Sponsor (if different than grantee): Same as grantee 3. Please provide the latitude and longitude of the project site. For linear projects or those covering a large area, report the coordinates for a central point. If this information is confidential, it must be clearly labeled "confidential." You can find the latitude and longitude easily using google maps. You can find instructions at the following link: https://support.google.com/maps/answer/18539?hl=en&co=GENIE.Platform%3DDesktop. Latitude: 33°45'21 "N Longitude: 117°51'38"W 4. Please briefly describe the proposed project. The construction of the proposed Washington Well Project (Project) will address the low pressure deficiencies in the northeastern portion of the Low Zone on the south side of Interstate 5 between East 17th Street and East 1st Street, as identified in the 2017 Water Master Plan. Without this new well in the vicinity of the Elevated Tank, the water pressure in this area may continue to drop and could reach a level of service that is not adequate and will result in other consequences such as fire- fighting capacity. In addition to improving system reliability and flexibility, the Washington Well will add pumping capacity to the city system and enhance the City's drought resiliency by reducing reliance on imported water. Similar to the City's other wells, the Washington Well is proposed to be drilled to a depth of about 1,300 feet below ground surface and be installed with minimum of an 18-inch diameter casing. The design capacity of the well will be about 2,500 to 3,000 gpm (-4,000 AFY) well pump flow range; design head of about 400 to 450 feet; and the well pump will be driven by a 3SO to 400 HP electric motor. Construction will include the City's typical well to system mechanical piping layout, electrical equipment (e.g. include switchgear, control panels, variable frequency drive, telemetry, lighting, programming, etc.) and well discharge to waste piping for use during well testing and start up. The water produced from the proposed well will be disinfected using sodium hypochlorite (NaOCL) before it is discharged into the water distribution system. The disinfection equipment will be housed in a chemical facility building, separate from the well building. The City has standardized the utilization of On -Site Generation (OSG) at all of their well sites to produce a 0.8% solution of sodium hypochlorite for disinfection using salt, softened water and electricity. Additionally, the system components include a water softener, bulk storage tanks for salt and NaOCL solution, metering pumps, a brine saturator, an electrolytic cell, and an electric rectifier. The proposed well building will have three separate rooms, housing the well head City Council 36 — 8 12/21/2021 and piping, electrical cabinets and SCE switchgear. The onsite generation disinfection equipment will be housed in a chemical facility building that will separate salt and brine storage areas from the hypochlorite production and storage area. Each building will have reinforced, solid -grouted concrete masonry walls, a shallow concrete foundation, a concrete floor slab -on -grade, and a gable roof structure. The masonry walls will provide a high level of security, sound attenuation, durability and strength. The exterior surface of the masonry walls will be colored, textured, scored, and/or fluted to create an appearance that will complement the surrounding structures. Does this project respond to an existing emergency to humans and/or wildlife? If so, please describe the emergency and how this project is addressing it. Yes, the Project will install a local groundwater well that will increase the City of Santa Ana's increased resilience to ongoing and future droughts. Currently the City acquires approximately 22% of its water supply from the Metropolitan Water District of Southern California's (MWD) imported water connections that receive water from the Colorado River and the State Water Project (SWP) from northern California, which are directly influenced by climate conditions in northern California and the Colorado River Basin, respectively. Both regions are currently experiencing and have been suffering from multi -year drought conditions which directly impact water supplies to southern California. For instance, due to the on -going drought conditions in the Colorado River Basin, the federal government declared a shortage on the Colorado River for the first time in the existence of the Colorado River Compact. This declaration curtails allocations to Colorado River water users. Additionally, the Sierra Nevada Mountains (the source of water for the SWP) are currently designated as Exceptional Drought areas according to the U.S. Drought monitor. The City's ability to pump from Washington Well will reduce the City's dependence on the drought - stricken states' limited water supplies, offering long-term drought resilience benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment. Additionally, there has been a tremendous environmental impact from the recent drought conditions. According to the Pacific Institute, many of the state's environmental flows went unmet during the drought period, affecting aquatic ecosystems and decreased protections for endangered species. The increased salinity levels in the Bay Delta (caused by less rainwater diluting the salinity of the water) have affected waterfowl, wildlife refuge and fisheries habitat. The recent drought has caused losses or destruction of fish and wildlife habitat, loss of wetlands, more wildfires and lower water levels in reservoirs, lakes, and ponds. Dry creeks and rivers led 18 fish species to diminish to near extinction. According to The Public Policy Institute of California, a priority of the Proposition 1 water bond are California's ecosystems, which have been hit hard by the drought; 45 projects address water supply and habitat to support native species around the state. Wildlife that have thrived in urban habitats have also struggled to adapt as state and local conservation regulations force California homeowners to let their lawns and gardens dry and die. By reducing the City's reliance on imported water supplies, the City will effectively be creating more water supplies for the environmental systems that also rely on the imported supplies. City Council 36 — 9 12/21/2021 Each project must meet one of the following purposes as it relates to drought. Please select the appropriate purpose for your project. a. ❑Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. b. ❑Address immediate impacts on fish and wildlife resources. c. ®Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 7. Each project must enhance regional drought resilience and align with the goals and objectives of the relevant approved Integrated Regional Water Management Plan. You can find the relevant IRWM Region by using the map at the following link: https://gis.water.ca.gov/app/dacs/ The IRWM Plans can be found at the following link: https://water.ca.gov/Work-With- Us/Grants-And-Loans/IRWM-Grant-Programs/Plan-Review-Process. If you have any questions about the IRWM region the contact list can be found at the following link: https://water.ca.gov/Work-With-Us/Grants-And-Loans/IRWM-Grant-Programs. Applicants are encouraged to contact and coordinate with the applicable RWMG for the IRWM region in which the project is located Please identify the IRWM objective your project addresses. The City of Santa Ana is located within the Santa Ana Watershed Project Authority (SAWPA) IRWM region. The Project is in direct alignment with the Goal "Ensure high -quality water for all people and the environment"; specifically the objective "Reduce water system's vulnerability to climate impacts." Additionally, the City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235 meaning the City qualifies as a disadvantaged community. Therefore, this project will directly benefit a DAC as described in the goals of the SAWPA IRWM Plan. 8. Describe the Primary Benefit of the project. Quantified benefit: 4000 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Water Supply - Ground If other please enter: 9. Describe the Secondary Benefit of the project: Quantified benefit: Units (Drop down):mg/L If other please enter: Benefit Type: Ecosystem/Habitat Restoration If other please enter: 10. Please briefly describe how the project will achieve the claimed benefits. The proposed project will construct a groundwater well with a pumping capacity of 2,500- 3,000 gpm or approximately 4,000 AFY. This increased groundwater pumping capacity will enable the City to reduce its reliance on imported water supplies supplied by MWD simply through the operation of the Washington Well. 11. Briefly describe how the community/area benefiting from this project is being impacted by the City Council 36 — 10 12/21/2021 current drought. The City of Santa Ana relies on a water supply portfolio comprised of imported water received from MWD and groundwater pumped from the Orange County Groundwater Basin. In addition to the shortages in imported water supplies, the City of Santa Ana itself is experiencing Severe Drought conditions as per the U.S. Drought Monitor. The less than average levels of annual rainfall have led City water customers to become increasingly reliant on potable water resources. 12. How will this project alleviate the impacts described in your answer to Question 11? By increasing its groundwater pumping capacity, the proposed Washington Well project will allow the City of Santa Ana to be less reliant on imported water. Without the Washington Well Project, the City of Santa Ana will continue to contribute to the demand for the limited and crucial supply of imported water that has already been severely compromised by drought in California. The ability to pump from a managed groundwater source will maintain a sustainable water supply and ensure a reduction in the reliance on imported water sources 13. Please complete the following budget table for the project. (Identify funding sources in Question 15) BUDGET CATEGORY Grant Amount All Other Cost Total Cost (a) Project Administration (b) Land Purchase / Easement 900,000 900,000 (C) Planning / Design / Engineering / Environmental Documentation 6,220,117 740,000 6,960,117 (d) Construction /Implementation TOTAL COSTS 6,220,117 1,640,000 7,860,117 14. Please describe why state funding is needed for this project. If state funding is not secured, what will happen to the project? City is bearing the very high cost of planning and desing phases and requesting grant funding for the construciton portion of the project only. Award of this grant will allow the City to start implementation of this Project without further delay. The City of Santa Ana is in need of funding for construction of this Project to offset the cost to the City's residents. The City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235. Any offset in cost to the City will significantly benefit the residents of Santa Ana. 15. Will the applicant provide cost share (encouraged but not required) and/or will this project require any additional funding from sources other than this solicitation? If so, please describe the funding source and indicate if the funding has been secured. If the funding has not been secured, please describe the plan to secure the necessary funding. Yes, as demonstrated above, the matching cost of $1,640,000 cost match or 21% of the City Council 36 — 11 12/21/2021 Project cost will be provided that includes all planning, design and environmental cost and a portion of the construction cost. 16. Is land acquisition or landowner permission required for this project? If so, please briefly describe the status of the acquisition or agreement with the landowner. If the acquisition is not complete or permission not secured at the time of application, please describe the plan to complete it. No land acquisition or landowner request is required as the project will be on the property of City of Santa Ana. 17. Has planning and design for this project been completed? If not, please describe the status of planning and design. The design for this Project is of two period. Design period part-1 is, complete which was scheduled from January 2020 to April 2021. The design period part-2 is been scheduled on December 2022 to June 2023. 18. Are the CEQA (and NEPA if applicable) and permitting processes for this project complete? If not, please briefly describe the permits and CEQA (or NEPA) documents to be completed and projected schedule for completion. The Project will be evaluated for both CEQA and NEPA compliance and it is anticipated that the environmental process for this project will be a mitigated negative declaration. 19. Please briefly describe the necessary construction/implementation for this project. Similar to the City's other wells, the Washington Well is proposed to be drilled to a depth of about 1,300 feet below ground surface and be installed with minimum of an 18-inch diameter casing. The design capacity of the well will be about 2,500 to 3,000 gpm well pump flow range; design head of about 400 to 450 feet; and the well pump will be driven by a 350 to 400 HP electric motor. Construction will include the City's typical well to system mechanical piping layout, electrical equipment (e.g. include switchgear, control panels, variable frequency drive, telemetry, lighting, programming, etc.) and well discharge to waste piping for use during well testing and start up. The water produced from the proposed well will be disinfected using sodium hypochlorite (NaOCL) before it is discharged into the water distribution system.. The disinfection equipment will be housed in a chemical facility building, separate from the well building. The City has standardized the utilization of On -Site Generation (OSG) at all of their well sites to produce a 0.8% solution of sodium hypochlorite for disinfection using salt, softened water and electricity. Additionally, the system components include a water softener, bulk storage tanks for salt and NaOCL solution, metering pumps, a brine saturator, an electrolytic cell, and an electric rectifier. The proposed well building will have three separate rooms, housing the well head and piping, electrical cabinets and SCE switchgear. The onsite generation disinfection equipment will be housed in a chemical facility building that will separate salt and brine storage areas from the hypochlorite production and storage area. Each building will have reinforced, solid -grouted concrete masonry walls, a shallow concrete foundation, a concrete floor slab -on -grade, and a gable roof structure. The masonry walls will provide a high level of security, sound attenuation, durability and strength. The exterior surface of the masonry walls will be colored, textured, scored, City Council 36 — 12 12/21/2021 and/or fluted to create an appearance that will complement the surrounding structures. 20. Please complete the schedule below for the project. Projects must be complete by March 31, 2026, to allow time for final invoice processing and retention payment before the State funds expire on June 30, 2026. Project administration should end at least three months after construction. Categories Start Date End Date (a) Project Administration 1/1/2020 6/1/2024 (b) Land Purchase / Easement (c) Planning/ Design / Engineering / Environmental Documentation 1/1/2020 6/1/2023 (d) Construction/ Implementation 5/1/2022 6/1/2024 City Council 36 — 13 12/21/2021 PROJECT INFORMATION FORM Please complete a unique Project Information Form for each project in the application. There are no character limits on specific questions but the Project Information Form as a whole may not exceed 10 pages. 1. Project Name: Well 29 Rehabilitation Improvement Project 2. Local Project Sponsor (if different than grantee): Same as grantee 3. Please provide the latitude and longitude of the project site. For linear projects or those covering a large area, report the coordinates for a central point. If this information is confidential, it must be clearly labeled "confidential." You can find the latitude and longitude easily using google maps. You can find instructions at the following link: https://support.google.com/maps/answer/18539?hl=en&co=GENIE.Platform%3DDesktop. Latitude: 33°44'43.1"N Longitude: 117°52'34.3"W 4. Please briefly describe the proposed project. The City's Well 29 is located at 722 West 1st Street. Drilling of the well occurred in 1980, with the subsequent installation of pumping facilities occurring in 1982. Well 29 is one of three wells pumping water from the groundwater basin to the Walnut Street Reservoir as part of the City's Walnut Pump Station System. Due to the age of the well and the deterioration of the well's capacity and equipment, the City is not able to utilize Well 29 at its full capacity and therefore needs to rehabilitate Well 29 and reconfigure the existing site. The rehabilitation of Well 29 is referred to in this application as the "Project". The Project will achieve the following benefits: • Makes additional water supplies available (adding approximately 2,500 gallons per minute (gpm) to the City's pumping capacity). • Improves water management (by enhancing system flexibility). • Benefits fish, wildlife and the environment (by making the City less reliant on imported water, 4,000 acre-feet yearly (AFY). Does this project respond to an existing emergency to humans and/or wildlife? If so, please describe the emergency and how this project is addressing it. Yes, the Project will rehabilitate a local groundwater well which will provide the City of Santa Ana increased resilience to ongoing and future droughts. Currently the City acquires approximately 22% of its water supply from the Metropolitan Water District of Southern California's (MWD) imported water connections that receive water from the Colorado River and the State Water Project (SWP) from northern California, which are directly influenced by climate conditions in northern California and the Colorado River Basin, respectively. Both regions are currently experiencing and have been suffering from multi -year drought conditions which directly impact water supplies to southern California. For instance, due to the on -going drought conditions in the Colorado River Basin, the federal government declared a shortage on the Colorado River for the first time in the existence of the Colorado River Compact. This declaration curtails allocations to Colorado River water users. Additionally, the Sierra Nevada Mountains (the source of water for the SWP) are currently designated City Council 36 — 14 12/21/2021 as Exceptional Drought areas according to the U.S. Drought monitor. The City's ability to pump from Well 29 will reduce the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resiliency benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment in the impacted watersheds. Additionally, there has been a tremendous environmental impact from the recent drought conditions. According to the Pacific Institute, many of the state's environmental flows went unmet during the drought period, affecting aquatic ecosystems and decreased protections for endangered species. The increased salinity levels in the Bay Delta (caused by less rainwater diluting the salinity of the water) have affected waterfowl, wildlife refuge and fisheries habitat. The recent drought has caused losses or destruction of fish and wildlife habitat, loss of wetlands, more wildfires and lower water levels in reservoirs, lakes, and ponds. Dry creeks and rivers led 18 fish species to diminish to near extinction. According to The Public Policy Institute of California, a priority of the Proposition 1 water bond are California's ecosystems, which have been hit hard by the drought; 45 projects address water supply and habitat to support native species around the state. Wildlife that have thrived in urban habitats have also struggled to adapt as state and local conservation regulations force California homeowners to let their lawns and gardens dry and die. By reducing the City's reliance on imported water supplies, the City will effectively be creating more water supplies for the environmental systems that also rely on the imported supplies. Each project must meet one of the following purposes as it relates to drought. Please select the appropriate purpose for your project. a. ❑Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. b. ❑Address immediate impacts on fish and wildlife resources. c. ®Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 7. Each project must enhance regional drought resilience and align with the goals and objectives of the relevant approved Integrated Regional Water Management Plan. You can find the relevant IRWM Region by using the map at the following link: https://gis.water.ca.gov/app/dacs/ The IRWM Plans can be found at the following link: https://water.ca.gov/Work-With- Us/ Grants -And- Loans/ I RWM - Grant- Programs /Plan- Review- Process. If you have any questions about the IRWM region the contact list can be found at the following link: https://water.ca.gov/Work-With-Us/Grants-And-Loans/IRWM-Grant-Programs. Applicants are encouraged to contact and coordinate with the applicable RWMG for the IRWM region in which the project is located Please identify the IRWM objective your project addresses. The City of Santa Ana is located within the Santa Ana Watershed Project Authority (SAWPA) IRWM region. The Project is in direct alignment with the Goal "Ensure high -quality water for all people and the environment"; specifically the objective "Reduce water system's vulnerability to climate impacts." City Council 36 — 15 12/21/2021 Additionally, the City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235 meaning the City qualifies as a disadvantaged community. Therefore, this project will directly benefit a DAC as described in the goals of the SAWPA IRWM Plan. 8. Describe the Primary Benefit of the project. Quantified benefit: 4000 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Water Supply - Ground If other please enter: 9. Describe the Secondary Benefit of the project: Quantified benefit: 4000 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Improve operational efficiency If other please enter: 10. Please briefly describe how the project will achieve the claimed benefits. Well 29 reduces the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resilience benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment. The proposed project is expected to increase the City's pumping capacity by approximately 2,500 gpm, thus reducing the City's reliance on imported water by 4,000 AF annually. As stated in the City's 2016 Agreement with OCWD (for a partial Basin Equity Assessment (BEA) exemption), the Well 29 improvement project is expected to provide benefits for at least 20 years, and most likely for 50 years, following successful completion of the project. 11. Briefly describe how the community/area benefiting from this project is being impacted by the current drought. The City of Santa Ana relies on a water supply portfolio comprised of imported water received from MWD (approximately 22% of the annual supplies to the City) and groundwater pumped from the Orange County Groundwater Basin (approximately 78% of the annual supplies to the City). In addition to the shortages in imported water supplies, the City of Santa Ana itself is experiencing Severe Drought conditions as per the U.S. Drought Monitor. The less -than -average levels of annual rainfall have led City water customers to become increasingly reliant on potable water sources. 12. How will this project alleviate the impacts described in your answer to Question 11? There is no question that drought has severely impacted the City of Santa Ana's imported water supplies from the Colorado River and northern California. Drought resiliency for the City can best be provided by becoming less reliant upon imported water. By increasing its groundwater pumping capacity, the proposed Well 29 Rehabilitation Project will accomplish exactly that: allow the City of Santa Ana to be less reliant on imported water. Without the Well 29 project, the City of Santa Ana will continue to contribute to the demands on the limited and crucial supply of imported water that has already been severely compromised by drought in California. The ability to pump from a managed groundwater source will maintain a sustainable water supply and ensure a reduction in the reliance on imported water sources. 13. Please complete the following budget table for the project. (Identify funding sources in Question 15) City Council 36 — 16 12/21/2021 BUDGET CATEGORY Grant Amount All Other Cost Total Cost (a) Project Administration (b) Land Purchase / Easement (c) Planning / Design / Engineering / Environmental Documentation (d) Construction /Implementation 2,251,500 750,500 3,002,000 TOTAL COSTS 2,251,500 750,500 3,002,000 14. Please describe why state funding is needed for this project. If state funding is not secured, what will happen to the project? Award of this grant will allow the City to start implementation of this Project without further delay. The City of Santa Ana is in need of funding for construction of this Project to offset the cost to the City's residents. The City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235. Any offset in cost to the City will significantly benefit the residents of Santa Ana. 15. Will the applicant provide cost share (encouraged but not required) and/or will this project require any additional funding from sources other than this solicitation? If so, please describe the funding source and indicate if the funding has been secured. If the funding has not been secured, please describe the plan to secure the necessary funding. Yes, as demonstrated above, the City will provide $750,500 cost match or 25% of the Project cost. All the planning, design and environmental cost will be provided by the City of Santa Ana. The outstanding construction amount will be provided by the City. 16. Is land acquisition or landowner permission required for this project? If so, please briefly describe the status of the acquisition or agreement with the landowner. If the acquisition is not complete or permission not secured at the time of application, please describe the plan to complete it. No land acquisition or landowner permission are required in this project. 17. Has planning and design for this project been completed? If not, please describe the status of planning and design. This project is shovel ready and will be advertised for construction bids as soon as award from this grant application has been confirmed. Planning and design documents and permitting for this project are 100% complete. 18. Are the CEQA (and NEPA if applicable) and permitting processes for this project complete? If not, please briefly describe the permits and CEQA (or NEPA) documents to be completed and projected schedule for completion. CEQA process has yet been completed. City Council 36 — 17 12/21/2021 19. Please briefly describe the necessary construction/implementation for this project. This project is shovel ready and will be advertised for construction bids as soon as award from this grant application has been confirmed. Procurement for a contractor will follow the City's procurement process to award a contract to the lowest responsible and responsive bidder. The construction components include the following: • New 42'0"L x 26'0"W cement masonry unit (CMU) building with a pump room, electrical room, and SCE meter room with an art -deco facade to match the Walnut Pump Station site and Santa Ana High School (SAHS). • Relocation of the City's existing 12" CIP pipeline coming from MWD feeder in Bristol Street to the City's SA-2 Vault. • A 250-hp pump with an estimated pumping capacity of 2,500 gallons per minute; • Re -orientation and modification of the pump pad as necessary to accommodate the new building, including but not limited to, extending the conductor casing, pump casing, gravel tube, and sounding tubes (4); • Replacement of an existing 14" check valve, meter, and butterfly valve on the discharge pipeline and reconnection to the existing 14" steel pipeline north of the recently constructed motor operated valve (MOV) vault pumping to the Walnut Pump Station Reservoir; • A new pressure regulating vault for the City's existing Well 16 and Well 29 discharge lines. Each discharge line will be equipped with a pressure sustaining valve and butterfly valve. Reconnection to the existing 16" CIP (Well 16) and 14" steel (Well 29) will also be required; • Removal of the existing inverted-U backpressure riser for the Well 16 discharge line; • Sitework, including a CMU perimeter wall and relocation of the existing tennis court; • A new asphalt concrete paved driveway equipped with a motorized swing gate and motorized rolling gate to improve site ingress and egress and to provide enough turn space for a 41' L x 9' W crane (4-axle). Crushed aggregate will be used in non -paved areas within the site; • Vehicle access will be added to the existing City SA-2 Vault through a new motorized rolling gate and porous flexible grassroad paving; • A minimum 600-amp electrical service; • Relocated SCE Meter, SCE Transformer and concrete pad. If the existing transformer is not adequate for the new site loads, SCE will provide a new transformer; • Drought tolerant landscaping 20. Please complete the schedule below for the project. Projects must be complete by March 31, 2026, to allow time for final invoice processing and retention payment before the State funds expire on June 30, 2026. Project administration should end at least three months after construction. Categories Start Date End Date (a) Project Administration 1/1/2021 3/31/2023 (b) Land Purchase / Easement (c) Planning/ Design / Engineering / Environmental Documentation City Council 36 — 18 12/21/2021 (d) Construction/ Implementation 1/1/2022 12/31/202 2 City Council 36 — 19 12/21/2021 PROJECT INFORMATION FORM Please complete a unique Project Information Form for each project in the application. There are no character limits on specific questions but the Project Information Form as a whole may not exceed 10 pages. 1. Project Name: Well 32 Rehabilitation Improvement Project 2. Local Project Sponsor (if different than grantee): Same as grantee 3. Please provide the latitude and longitude of the project site. For linear projects or those covering a large area, report the coordinates for a central point. If this information is confidential, it must be clearly labeled "confidential." You can find the latitude and longitude easily using google maps. You can find instructions at the following link: https://support.google.com/maps/answer/18539?hl=en&co=GENIE.Platform%3DDesktop. Latitude: 33°46'28.5 "N Longitude: 117°52'48.7"W 4. Please briefly describe the proposed project. Like several of the City's groundwater wells, Well No. 32 has been inactive (since 2004) because of low operating efficiencies and high nitrate levels. In 2013, the City completed a study to review the nitrate levels present at Well No. 32 and evaluated alternatives for either treatment or blending with other sources. The result of that study is a recommended project that proposes to blend high nitrate water produced by Well 32 with low nitrate levels of groundwater produced by Santa Ana Wells 36 and 39, in the reservoirs located at the John Garthe Pump Station Complex. The Well 32 project will help build long-term resilience to drought and reduces the need for emergency response actions, while offering the following benefits: • Makes additional water supplies available (adding approximately 2500 gallons per minute (gpm) to the City's pumping capacity). • Improves water management (by enhancing system flexibility). • Benefits fish, wildlife and the environment (by making the City less reliant on imported water). Does this project respond to an existing emergency to humans and/or wildlife? If so, please describe the emergency and how this project is addressing it. Yes, the Project will install a local groundwater well that will increase the City of Santa Ana's resilience to ongoing and future droughts. Currently the City acquires approximately 2 2 % of its water supply from the Metropolitan Water District of Southern California's (MWD) imported water connections that receive water from the Colorado River and the State Water Project (SWP) from northern California, which are directly influenced by climate conditions in northern California and the Colorado River Basin, respectively. Both regions are currently experiencing and have been suffering from multi -year drought conditions which directly impact water supplies to southern California. For instance, due to the on -going drought conditions in the Colorado River Basin, the federal government declared a shortage on the Colorado City Council 36 — 20 12/21/2021 River for the first time in the existence of the Colorado River Compact. This declaration curtails allocations to Colorado River water users. Additionally, the Sierra Nevada Mountains (the source of water for the SWP) are currently designated as Exceptional Drought areas according to the U.S. Drought monitor. The City's ability to pump from Well 32 will reduce the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resilience benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment. Additionally, there has been a tremendous environmental impact from the recent drought conditions. According to the Pacific Institute, many of the state's environmental flows went unmet during the drought period, affecting aquatic ecosystems and decreased protections for endangered species. The increased salinity levels in the Bay Delta (caused by less rainwater diluting the salinity of the water) have affected waterfowl, wildlife refuge and fisheries habitat. The recent drought has caused losses or destruction of fish and wildlife habitat, loss of wetlands, more wildfires and lower water levels in reservoirs, lakes, and ponds. Dry creeks and rivers led 18 fish species to diminish to near extinction. According to The Public Policy Institute of California, a priority of the Proposition 1 water bond are California's ecosystems, which have been hit hard by the drought; 45 projects address water supply and habitat to support native species around the state. Wildlife that have thrived in urban habitats have also struggled to adapt as state and local conservation regulations force California homeowners to let their lawns and gardens dry and die. By reducing the City's reliance on imported water supplies, the City will effectively be creating more water supplies for the environmental systems that also rely on the imported supplies. 6. Each project must meet one of the following purposes as it relates to drought. Please select the appropriate purpose for your project. a. ❑Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. b. ❑Address immediate impacts on fish and wildlife resources. c. ®Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 7. Each project must enhance regional drought resilience and align with the goals and objectives of the relevant approved Integrated Regional Water Management Plan. You can find the relevant IRWM Region by using the map at the following link: https://gis.water.ca.gov/app/dacs/ The IRWM Plans can be found at the following link: https://water.ca.gov/Work-With- Us/Grants-And-Loans/IRWM-Grant-Programs/Plan-Review-Process. If you have any questions about the IRWM region the contact list can be found at the following link: https://water.ca.gov/Work-With-Us/Grants-And-Loans/IRWM-Grant-Programs. Applicants are encouraged to contact and coordinate with the applicable RWMG for the IRWM region in which the project is located Please identify the IRWM objective your project addresses. The City of Santa Ana is located within the Santa Ana Watershed Project Authority (SAWPA) IRWM region. The Project is in direct alignment with the Goal "Ensure high -quality water City Council 36 — 21 12/21/2021 for all people and the environment"; specifically the objective "Reduce water system's vulnerability to climate impacts." Additionally, the City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235 meaning the City qualifies as a disadvantaged community. Therefore, this project will directly benefit a DAC as described in the goals of the SAWPA IRWM Plan. 8. Describe the Primary Benefit of the project. Quantified benefit: 4035 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Water Supply -Ground If other please enter: 9. Describe the Secondary Benefit of the project: Quantified benefit: 4035 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Improve operational efficiency If other please enter: Drought 10. Please briefly describe how the project will achieve the claimed benefits. Well 32 reduces the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resilience benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment. The proposed project is expected to increase the City's pumping capacity by approximately 2500 gpm, thus reducing the City's reliance on imported water by 4,000 AF annually. As stated in the City's 2016 Agreement with OCWD (for a partial Basin Equity Assessment (BEA) exemption), the Well 32 improvement project is expected to provide benefits for at least 20 years, and most likely for 50 years, following successful completion of the project. 11. Briefly describe how the community/area benefiting from this project is being impacted by the current drought. The City of Santa Ana relies on a water supply portfolio comprised of imported water received from MWD (approximately 22% of the annual supplies to the City) and groundwater pumped from the Orange County Groundwater Basin (approximately 78% of the annual supplies to the City). In addition to the shortages in imported water supplies, the City of Santa Ana itself is experiencing Severe Drought conditions as per the U.S. Drought Monitor. The less -than -average levels of annual rainfall have led City water customers to become increasingly reliant on potable water sources. 12. How will this project alleviate the impacts described in your answer to Question 11? There is no question that drought has severely impacted the City of Santa Ana's imported water supplies from the Colorado River and northern California. Drought resiliency for the City can best be provided by becoming less reliant upon imported water. By increasing its groundwater pumping capacity, the proposed Well 32 project will accomplish exactly that: allow the City of Santa Ana to be less reliant on imported water. Without the Well 32 project, the City of Santa Ana will continue to contribute to the demands on the limited and crucial supply of imported water that has already been severely compromised by drought in California. The ability to pump from a managed groundwater source will maintain a sustainable water supply and ensure a reduction in the reliance on imported water sources. 13. Please complete the following budget table for the project. (Identify funding sources in Question City Council 36 — 22 12/21/2021 15) BUDGET CATEGORY Grant Amount All Other Cost Total Cost (a) Project Administration (b) Land Purchase / Easement (C) Planning / Design / Engineering 777,000 777,000 / Environmental Documentation (d) Construction /Implementation 10,260,000 740,000 11,000,000 TOTAL COSTS 10,260,000 7 1,517,700 11,777,000 14. Please describe why state funding is needed for this project. If state funding is not secured, what will happen to the project? City is bearing the very high cost of planning and desing phases and requesting grant funding for the construciton portion of the project only. Award of this grant will allow the City to start implementation of this Project without further delay. The City of Santa Ana is in need of funding for construction of this Project to offset the cost to the City's residents. The City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235. Any offset in cost to the City will significantly benefit the residents of Santa Ana. 15. Will the applicant provide cost share (encouraged but not required) and/or will this project require any additional funding from sources other than this solicitation? If so, please describe the funding source and indicate if the funding has been secured. If the funding has not been secured, please describe the plan to secure the necessary funding. Yes, as demonstrated above, the City will provide $1,517,700 cost match or 13% of the Project cost. All the planning, design and environmental cost and a portion of the construction cost will be provided by the City of Santa Ana. 16. Is land acquisition or landowner permission required for this project? If so, please briefly describe the status of the acquisition or agreement with the landowner. If the acquisition is not complete or permission not secured at the time of application, please describe the plan to complete it. No land acquisition or landowner permission are required in this project. 17. Has planning and design for this project been completed? If not, please describe the status of planning and design. Yes, this Project is shovel ready. Planning and design for this project has been completed. 18. Are the CEQA (and NEPA if applicable) and permitting processes for this project complete? If not, please briefly describe the permits and CEQA (or NEPA) documents to be completed and City Council 36 — 23 12/21/2021 projected schedule for completion. CEQA & NEPA processes have been completed and the City is in the final stage of the permitting process. 19. Please briefly describe the necessary construction/implementation for this project. The construction components include the following: 1. Rehabilitate Well. (chemical, mechanical, electrical). Currently well is in buried vault. Project would raise the well head to meet current Dept. of Public Health recommendations. (Well casing, tubes, etc. will need to be constructed to raise the well head to grade.) 2. Discharge piping. Construct approximately 3250 lineal feet of new pipeline to convey flows from Well 32 to Garthe Reservoir. 3. New Pumping Equipment (May included: pump and motor, piping, valves, disinfection, monitoring equipment. 4. Electrical Equipment Replacement (May include switchgear, control panel, Variable frequency drive, telemetry, lighting, programming, etc.) 5. Building Modifications. (May include concrete slab, masonry walls and foundation, sound attenuation.). 20. Please complete the schedule below for the project. Projects must be complete by March 31, 2026, to allow time for final invoice processing and retention payment before the State funds expire on June 30, 2026. Project administration should end at least three months after construction. Categories Start Date End Date (a) Project Administration 1/1/2021 8/1/2024 (b) Land Purchase / Easement NA NA (c) Planning/ Design / Engineering / Environmental Documentation 3/1/2021 1/31/2022 (d) Construction/ Implementation 4/1/2022 8/1/2024 City Council 36 — 24 12/21/2021 PROJECT INFORMATION FORM Please complete a unique Project Information Form for each project in the application. There are no character limits on specific questions but the Project Information Form as a whole may not exceed 10 pages. 1. Project Name: Well 38 Wellhead Treatment Project 2. Local Project Sponsor (if different than grantee): Same as grantee 3. Please provide the latitude and longitude of the project site. For linear projects or those covering a large area, report the coordinates for a central point. If this information is confidential, it must be clearly labeled "confidential." You can find the latitude and longitude easily using google maps. You can find instructions at the following link: https://support.google.com/maps/answer/18539?hl=en&co=GENIE.Platform%3DDesktop. Latitude: 33°46'31.2"N Longitude: 117°50'42.2"W 4. Please briefly describe the proposed project. The City of Santa Ana will construct a new ion exchange water treatment facility at the site of Well 38 (the Project). The Orange County Water District (OCWD), in cooperation with the City of Santa Ana, completed a study titled "Producer Report - City of Santa Ana PFAS Treatment Systems Planning Study" (the Producer Reports) (Appendix B). In the study, OCWD identified Well 38 as exceeding contamination limits for Per- and Polyfluoroalkyl Substances (PFAS) as established by the State of California as a priority for remediation. As a result, Well 38, which produces 4,000 are -feet per year (AFY) of drinking water, was taken offline. Loss of water from Well 38 is made up for with expensive imported water that is not a reliable source during drought and results in a higher cost of service for ratepayers in a city that is composed of many disadvantaged communities. The Project further implements one of the strategies identified in the City's ongoing planning efforts to build resiliency to droughts by making water available in the short and long terms and providing flexibility in current and future years of low water supply. The Project is directly aimed at providing operational flexibility and restoring a reliable and sustainable source of water during droughts. Droughts have been a regular occurrence in the State and in Southern California. The latest drought lasted five years from 2012 to 2017. In addition, Orange County is currently experiencing a Category D2 - Severe Drought according to the U.S. Drought Monitor. 5. Does this project respond to an existing emergency to humans and/or wildlife? If so, please describe the emergency and how this project is addressing it. Yes, the Project will provide human and wildlife benefits by reestablishing a local groundwater well by implementing PFAS treatment. Well 38 will provide the City of Santa Ana increased resilience to ongoing and future droughts. Currently the City acquires approximately 22% of its water supply from the Metropolitan Water District of Southern California's (MWD) imported water connections that receive water from the Colorado River and the State Water Project (SWP) from northern California, which are directly influenced by climate conditions in northern California and the City Council 36 — 25 12/21/2021 Colorado River Basin, respectively. Both regions are currently experiencing and have been suffering from multi -year drought conditions which directly impact water supplies to southern California. For instance, due to the on -going drought conditions in the Colorado River Basin, the federal government declared a shortage on the Colorado River for the first time in the existence of the Colorado River Compact. This declaration curtails allocations to Colorado River water users. Additionally, the Sierra Nevada Mountains (the source of water for the SWP) are currently designated as Exceptional Drought areas according to the U.S. Drought monitor. The City's ability to pump from Well 38 will reduce the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resilience benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment. Additionally, there has been a tremendous environmental impact from the recent drought conditions. According to the Pacific Institute, many of the state's environmental flows went unmet during the drought period, affecting aquatic ecosystems and decreased protections for endangered species. The increased salinity levels in the Bay Delta (caused by less rainwater diluting the salinity of the water) have affected waterfowl, wildlife refuge and fisheries habitat. The recent drought has caused losses or destruction of fish and wildlife habitat, loss of wetlands, more wildfires and lower water levels in reservoirs, lakes, and ponds. Dry creeks and rivers led 18 fish species to diminish to near extinction. According to The Public Policy Institute of California, a priority of the Proposition 1 water bond are California's ecosystems, which have been hit hard by the drought; 45 projects address water supply and habitat to support native species around the state. Wildlife that have thrived in urban habitats have also struggled to adapt as state and local conservation regulations force California homeowners to let their lawns and gardens dry and die. By reducing the City's reliance on imported water supplies, the City will effectively be creating more water supplies for the environmental systems that also rely on the imported supplies. 6. Each project must meet one of the following purposes as it relates to drought. Please select the appropriate purpose for your project. a. ❑Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. b. ❑Address immediate impacts on fish and wildlife resources. c. ®Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 7. Each project must enhance regional drought resilience and align with the goals and objectives of the relevant approved Integrated Regional Water Management Plan. You can find the relevant IRWM Region by using the map at the following link: https://gis.water.ca.gov/app/dacs/ The IRWM Plans can be found at the following link: https://water.ca.gov/Work-With- Us/Grants-And-Loans/IRWM-Grant-Programs/Plan-Review-Process. If you have any questions about the IRWM region the contact list can be found at the following link: https://water.ca.gov/Work-With-Us/Grants-And-Loans/IRWM-Grant-Programs. Applicants are encouraged to contact and coordinate with the applicable RWMG for the IRWM region in which the project is located City Council 36 — 26 12/21/2021 Please identify the IRWM objective your project addresses. The City of Santa Ana is located within the Santa Ana Watershed Project Authority (SAWPA) IRWM region. The Project is in direct alignment with the Goal "Ensure high -quality water for all people and the environment"; specifically the objectives - "Reduce water system's vulnerability to climate impacts." "Ensure that every human being in the watershed has safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes." "Protect and improve source water quality" Additionally, the City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235 meaning the City qualifies as a disadvantaged community. Therefore, this project will directly benefit a DAC as described in the goals of the SAWPA IRWM Plan. 8. Describe the Primary Benefit of the project. Quantified benefit: 4000 Units (Drop down):Acre feet per year If other please enter: Benefit Type: Water Supply -Ground If other please enter: 9. Describe the Secondary Benefit of the project: Quantified benefit: Units (Drop down):mg/L If other please enter: Benefit Type: Ecosystem/Habitat Restoration If other please enter: 10. Please briefly describe how the project will achieve the claimed benefits. Well 38 reduces the City's dependence on the drought -stricken states' limited water supplies, offering long-term drought resilience benefits (both quantifiable and qualitative) by providing an additional water supply, improving water management and indirectly benefitting fish, wildlife and the environment. The proposed project is expected to increase the City's pumping capacity by approximately 2500 gpm, thus reducing the City's reliance on imported water by 4,000 AF annually. As stated in the City's 2016 Agreement with OCWD (for a partial Basin Equity Assessment (BEA) exemption), the Well 38 wellhead treatment project is expected to provide benefits for at least 20 years, and most likely for 50 years, following successful completion of the project. 11. Briefly describe how the community/area benefiting from this project is being impacted by the current drought. The City of Santa Ana relies on a water supply portfolio comprised of imported water received from MWD (approximately 22% of the annual supplies to the City) and groundwater pumped from the Orange County Groundwater Basin (approximately 78% of the annual supplies to the City). In addition to the shortages in imported water supplies, the City of Santa Ana itself is experiencing Severe Drought conditions as per the U.S. Drought Monitor. The less -than -average levels of annual rainfall have led City water customers to become increasingly reliant on potable water sources. 12. How will this project alleviate the impacts described in your answer to Question 11? The Project makes water from the currently offline Well 38 available in the amount of 4,000 AFY. Groundwater is considered a reliable and sustainable source of water in both the UWMP and the WCSP and as key to responding to droughts when the SWP/CRA surface water is at its lowest City Council 36 — 27 12/21/2021 and it is not known how much of it would be available. Therefore, the Project constitutes a crucial part of drought resiliency and response and forms an important part of the water need identified in the City's plans to be able to appropriately respond to droughts. 13. Please complete the following budget table for the project. (Identify funding sources in Question 15) BUDGET CATEGORY Grant Amount All Other Cost Total Cost (a) Project Administration (b) Land Purchase / Easement Planning / Design / Engineering 633,250 (C) 633,250 / Environmental Documentation 3,000,000 2,000,000 5,000,000 (d) Construction /Implementation -F-- 3,000,000 2,633,250 5,633,250 TOTAL COSTS 14. Please describe why state funding is needed for this project. If state funding is not secured, what will happen to the project? City is bearing the very high cost of planning and desing phases and requesting grant funding for the construciton portion of the project only. Award of this grant will allow the City to start implementation of this Project without further delay. The City of Santa Ana is in need of funding for construction of this Project to offset the cost to the City's residents. The City of Santa Ana's Median Household Income is $66,145 as compared to the Statewide MHI of $75,235. Any offset in cost to the City will significantly benefit the residents of Santa Ana. 15. Will the applicant provide cost share (encouraged but not required) and/or will this project require any additional funding from sources other than this solicitation? If so, please describe the funding source and indicate if the funding has been secured. If the funding has not been secured, please describe the plan to secure the necessary funding. Yes, as demonstrated above, the City will provide $2,633,250 cost match or 47% of the Project cost. All the planning, design and environmental cost and a portion of the construction costs will be provided by the City of Santa Ana. 16. Is land acquisition or landowner permission required for this project? If so, please briefly describe the status of the acquisition or agreement with the landowner. If the acquisition is not complete or permission not secured at the time of application, please describe the plan to complete it. No land acquisition or landowner permission are required in this project. 17. Has planning and design for this project been completed? If not, please describe the status of planning and design. City Council 36 — 28 12/21/2021 The planning and design for this project is in progress. The estimated time of completion for planning and design is September 2022. 18. Are the CEQA (and NEPA if applicable) and permitting processes for this project complete? If not, please briefly describe the permits and CEQA (or NEPA) documents to be completed and projected schedule for completion. The NEPA & CEQA Environmental Documentation is in progress and the estimated time of completion is on September 2022. 19. Please briefly describe the necessary construction/implementation for this project. A Basis of Design Technical Memo has been completed for the project. The memo contains preliminary Project design plans. A design contract managed by Orange County Water District has been issued and the Project is currently in final design. The construction of the Project is targeted to begin upon entering into a financial assistance agreement. 20. Please complete the schedule below for the project. Projects must be complete by March 31, 2026, to allow time for final invoice processing and retention payment before the State funds expire on June 30, 2026. Project administration should end at least three months after construction. Categories Start Date End Date (a) Project Administration 3/1/2022 6/1/2022 (b) Land Purchase / Easement (c) Planning/ Design / Engineering / Environmental Documentation 3/1/2022 9/30/2022 (d) Construction/ Implementation 10/1/2022 12/31/202 3 City Council 36 — 29 12/21/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE FLOWER STREET WELL PROJECT WHEREAS, the City of Santa Ana desires to implement the Flower Street Well Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City intends to apply for grant funding for the Flower Street Well Project from the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Pursuant and subject to all of the terms and provisions of the Budget Act of 2021 (Stats. 2021, ch. 240, section 80), the Executive Director of Public Works, or his or her designee, is hereby authorized and directed to prepare and file an application for funding for the Flower Street Well Project with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding. Section 2. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto. Section 3. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 36 — 30 12/21V20Ti o12 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. U 9 John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 36 — 31 12/21V20T4 of 2 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WASHINGTON AVENUE WELL PROJECT WHEREAS, the City of Santa Ana desires to implement the Washington Avenue Well Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City intends to apply for grant funding for the Washington Avenue Well Project from the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Pursuant and subject to all of the terms and provisions of the Budget Act of 2021 (Stats. 2021, ch. 240, section 80), the Executive Director of Public Works, or his or her designee, is hereby authorized and directed to prepare and file an application for funding for the Washington Avenue Well Project with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding. Section 2. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto. Section 3. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 36 — 32 12/21V20TI o12 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 36 — 33 12/21V20T4 of 2 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WELL 29 REHABILITATION IMPROVEMENT PROJECT WHEREAS, the City of Santa Ana desires to implement the Well 29 Rehabilitation Improvement Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City intends to apply for grant funding for the Well 29 Rehabilitation Improvement Project from the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Pursuant and subject to all of the terms and provisions of the Budget Act of 2021 (Stats. 2021, ch. 240, section 80), the Executive Director of Public Works, or his or her designee, is hereby authorized and directed to prepare and file an application for funding for the Well 29 Rehabilitation Improvement Project with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding. Section 2. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto. Section 3. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 36 — 34 12/21V20TI o12 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:__ Sohn M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 36 — 35 12/21V20T4 of 2 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WELL 32 REHABILITATION IMPROVEMENT PROJECT WHEREAS, the City of Santa Ana desires to implement the Well 32 Rehabilitation Improvement Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City intends to apply for grant funding for the Well 32 Rehabilitation Improvement Project from the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Pursuant and subject to all of the terms and provisions of the Budget Act of 2021 (Stats. 2021, ch. 240, section 80), the Executive Director of Public Works, or his or her designee, is hereby authorized and directed to prepare and file an application for funding for the Well 32 Rehabilitation Improvement Project with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding. Section 2. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto. Section 3. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 36 — 36 12/21V20TI o12 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �4 � � - John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 36 — 37 12/21V20T4 of 2 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WELL 38 WELLHEAD TREATMENT PROJECT WHEREAS, the City of Santa Ana desires to implement the Well 38 Wellhead Treatment Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City intends to apply for grant funding for the Well 38 Wellhead Treatment Project from the California Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Pursuant and subject to all of the terms and provisions of the Budget Act of 2021 (Stats. 2021, ch. 240, section 80), the Executive Director of Public Works, or his or her designee, is hereby authorized and directed to prepare and file an application for funding for the Well 38 Wellhead Treatment Project with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding. Section 2. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto. Section 3. The Executive Director of Public Works, or his or her designee, is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 36 — 38 12/21V20TI o12 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 4 -P&. By:__ John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 36 — 39 12/21V20T4 of 2 Clerk of the Council Office www.santa-ana.org/cc Item # 37 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Assembly Bill 361 AGENDA TITLE: Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and all Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 RECOMMENDED ACTION Adopt resolution to consider continuing the use of teleconferencing for the meetings of City Council and all boards, committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the next 30 days. DISCUSSION On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary. The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021. In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The City of Santa Ana's current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual City Council 37 — 1 12/21/2021 Assembly Bill 361 December 21, 2021 Page 2 legislative bodies can make their own findings for the AB 361 telecommuting resolution for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re -visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually. On October 5, 2021, November 2, 2021 and December 6, 2021, the City Council adopted Resolution No. 2021-055, Resolution No. 2021-066 and Resolution No. 2021-072, respectively, making the required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. Due to the cancelation of the January 4, 2022 City Council Meeting staff is requesting Council adopt the attached resolution (Exhibit 1) to cover and bodies that have meetings scheduled prior to the January 18, 2021 City Council meeting. The resolution declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 37 — 2 12/21/2021 RESOLUTION 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, on October 5, 2021, the City Council of the City of Santa Ana approved Resolution 2021-055 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, on November 2, 2021, approved Resolution 2021-066 extending pursuant to AB 361; and WHEREAS, on December 6, 2021, approved Resolution 2021-072 extending pursuant to AB 361; and the City Council of the City of Santa Ana authorization for remote teleconferencing the City Council of the City of Santa Ana authorization for remote teleconferencing WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, Orange County is an area of substantial community transmission of COVID-19 as determined by the Centers for Disease Control and Prevention; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and Resolution 2021-XXX City Council 37 — 3 12/2790 of 3 WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e). NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 'T awn N.Q.,,, Laura A. Rossini Chief Assistant City Attorney Resolution 2021-XXX Pa i y ouncil 37 — 4 12/21/2021 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021- to be the original Resolution adopted by the City Council of the City of Santa Ana on 2021 Date: Clerk of the Council City of Santa Ana Resolution 2021-XXX City Council 37 — 5 12/21 of 3 Finance and Management Services www.santa-ana.org/finance Item # 38 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Fiscal Year 2021-2022 General Fund - First Quarter Budget Update AGENDA TITLE: Fiscal Year 2021-2022 General Fund - First Quarter Budget Update RECOMMENDED ACTION 1. Receive and file the fiscal year 2021-2022 General Fund - First Quarter Budget Update, including the increased sales tax and property tax estimates (Exhibit 1). 2. Amend the fiscal year 2021-2022 budget to add one position funded by the Water enterprise within the Finance and Management Services Agency (Exhibit 2) and approve a $42,720 Appropriation Adjustment to fund the position for the remainder of FY21-22. (Requires five affirmative votes) 3. Approve one-time General Fund Appropriation Adjustments totaling $24,655,000 described in detail below for fiscal year 2021-2022. (Requires five affirmative votes) 4. Approve recurring General Fund Appropriation Adjustments totaling $3,066,900 described in detail below for fiscal year 2021-2022, which includes amending the FY21-22 budget to add one position to the Community Development Agency (Exhibit 2) and funding for two positions in the City Clerk's Office and the City Attorney's Office. (Requires five affirmative votes) 5. Adopt a resolution amending the current Fiscal Year 2021-2022 Annual Budget to add one Full Time Position in the Finance and Management Services Agency and one Full Time Position in the Community Development Agency. EXECUTIVE SUMMARY The first quarter budget update normally covers July through September. At the end of September, staff received actual sales tax data through June 2021 and had reason to believe FY21-22 sales tax revenue would be significantly more than the budget estimate. City Council 38 — 1 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 2 In October, with the closing of the FY20-21 books, it became apparent the General Fund experienced significant positive variances, yet the audit was not yet complete. Therefore, staff postponed the first quarter budget report until more data was available to provide complete information to the City Council. The June 30, 2021 General Fund balance was $109.4 million, which is $42.3 million in excess of the 18% Reserve policy. The $42.3 million is a one-time resource derived from $19.5 million additional sales tax revenue during FY20-21 (discussed further below) and controlled spending across all departments through the pandemic. This one-time resource is a unique opportunity to address issues underfunded in previous years. As reported previously, there are significant budget challenges related to the train station enterprise, the health of internal service funds, and deferred maintenance of City facilities. The following recommended spending plan would address many of those challenges and leave $16.4 million of one-time funding for other priorities identified by City Council. 1. Maintain the 18% General Fund Reserve with $1.3 million of the additional estimated sales tax revenue. 2. Appropriate the following amounts totaling $24.7 million. Contribution to the train station enterprise to cure the June 30, 2021 $1,900,000 negative fund balance of $1,807,208 plus further depletion of the fund with the FY21-22 budget. Contribution to the risk management funds to provide for the FY21- $1,500,000 22 insurance rates reported to City Council on June 15, 2021. Contribution to the internal service fund accounting for employee $3,400,000 benefits to cure the June 30, 2021 negative fund balance of $1,227,916 plus the further depletion of the fund with the FY21-22 budget. Contribution to the internal service fund accounting for building $2,500,000 maintenance due to aging facilities and increased demand for upkeep. Contribution to the internal service fund accounting for fleet $1,500,000 maintenance to avoid the estimated negative fund balance at June 30, 2022, as shown on page B-21 of the budget document. Rehab and repurpose the Cypress Fire Station. Based on further $1,000,000 City Council direction, staff can propose a specific project later this fiscal year. Ross Annex improvements to replace an industrial sized air $1,450,000 conditioning unit, second -floor aged carpets and workstations, and reorganize workspace locations to improve efficiency and collaboration. The proposed appropriation will optimize efficiency City Council 38 — 2 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 3 and economies of scale with inter -related City Hall improvement projects already in the Cit 's budget. Deferred maintenance of the train station, including exterior stucco, $5,405,000 painting inside and out, wall tile and coping, fountain repair, parking lot resurfacing, air conditioning upgrades, restroom remodels, and other plumbing repairs. An economic development project in the South Main Corridor to $3,000,000 provide restaurant incubation and Public Art for the South Main Corridor revitalization. Deferred park maintenance projects. $1,500,000 Remove underground storage tanks at City -owned fire stations 71, $1,050,000 74 and 75. Purchase a mini -sweeper for protected bike lanes. $150,000 Memorial to Lives Lost to COVID-19. $200,000 Eliminate shared City Council offices. $100,000 Total Proposed Appropriations — One -Time $24,655,000 To protect service levels, the FY21-22 budget included a $12.6 million use of the General Fund balance available for spending (a one-time resource). New information related to sales tax and property tax supports increasing FY21-22 revenue estimates by $16.6 million, resulting in $4 million of FY21-22 revenue available to appropriate ongoing costs. With the increase to the revenue estimate, the City no longer has a deficit budget for FY21-22. The following spending plan would address issues raised by the City Council and partially restore frozen employee positions to improve service levels to the public, while maintaining a balanced budget. Recurring Remainder of Future Annual FY21-22 Cost Sidewalk improvement program $500,000 $1,000,000 Traffic calming program $500,000 $1,000,000 Alley improvement program $750,000 $1,500,000 Graffiti removal program enhancements for $300,000 $600,000 the areas adjacent to public pathways in the railroad corridors Protected Bike Lane sweeping program $75,000 $150,000 Contracted administrative support for City $210,000 $420,000 Council (annual allocation of $60,000 per Council Member Juneteenth Celebration 2022 (full cost $50,000 $50,000 necessary for FY21-22) Increase the City Events budget $50,000 $100,000 City Council 38 — 3 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 4 Partially restore funding for frozen employee $400,000 $800,000 positions. The estimated value of the FY21-22 hiring freeze is $2,911,300. Funding for one full-time Economic $57,840 $115,680 Development Specialist I position to the Community Development Agency Funding for one full-time Records Manager $79,980 $159,960 position to the City Clerk's Office Funding for one full-time Employment Staff $94,080 $188,160 Attorney position to the City Attorne 's Office Total Proposed Appropriations — Recurring $3,066,900 $6,083,800 DISCUSSION The First Quarter Update covers activity posted to the general ledger during July 2021 through September 2021 and the vacancy report for funded staff positions. First quarter revenue represents less than three months of receipts in many cases due to the lag time for remittance. Examples include Sales Tax, Hotel Visitors' Tax, and Cannabis Tax. Therefore, when analyzing the revenue as of September 30, 2021, it is normal to see 10%-15% revenue received to date. Whereas expenditures have much higher activity in the first quarter due to annual payments for insurance, the one -month advance for fire services, and the fact that 59% of the budget is for employee compensation paid twice per month. This update focuses on the General Fund, as it is the primary operating fund of the City. Only notable items for other funds are included in this report. General Fund Revenue During the first quarter FY21-22, the City received approximately $36.8 million in General Fund revenues, which is 10.8% of the annual estimate. Lookback to FY20-21 Sales Tax (Bradley -Burns and Measure X): Actual FY20-21 sales tax exceeded the estimates reported in February 2021 by a total of $19.5 million. FY20-21 Estimate FY20-21 Actual Positive Variance Bradley -Burns $49,198,300 $54,999,505 $5,801,205 Measure X 61,432,700 75,094,336 13,661,636 Total $110,631,000 $130,093,841 $19,462,841 The City's sales tax consultant receives detailed data from the state, analyzes it, and provides estimates of future revenue. The pandemic and the Wayfair decision for out-of- state online vendors to collect California sales tax created an unprecedented environment, and the consultant understandably provided conservative estimates. Santa Ana is not alone, as many California cities experienced favorable sales tax results, including the state of California. City Council 38 — 4 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 5 FY21-22 Sales Tax (Bradley -Burns and Measure X): Moving forward, the sales tax consultant increased the FY21-22 revenue estimates as follows. FY21-22 Original FY21-22 Revised Increase Bradley -Burns $53,650,000 $57,600,000 $3,950,000 Measure X 65,000,000 77,250,000 12,250,000 Total $118,650,000 $134,850,000 $16,200,000 A quarterly report on Sales Tax and Business Activity is provided in Exhibit 3. QuartertyuSafesaTax (in Million%,.3 $29.5 $28.4 $29.6 $26,1 $12.6 Rle 4 Lvff dh.1mu e $34.1 $32.1 $32.6 Property Tax, Property Tax in lieu of VLF & Santa Ana Residual Property Tax: Total Property Tax collected for the first quarter is $0.7 million. Approximately two-thirds of Property Tax is collected during the months of December and April. Furthermore, the first payment (50%) of Property Tax in lieu of VLF is received in January and the second payment in May. Based on assessed value information available from the county after adoption of the City's budget, the City's property tax consultant has provided an updated revenue estimate that is $380,000 more than the estimate included in the budget. Hotel Visitors' Tax (HVT): HVT collected for the first quarter is approximately $1.5 million, which is nearly double the amount of the prior year's first quarter results of $0.8 million, but still $0.6 million below pre -pandemic levels in the same quarter of FY 19-20. The global pandemic has continued to affect hotels' ability to accommodate guest services such as banquets, conferences and other meeting events; however, there are signs for recovery. Staff expects HVT will increase after the pandemic; and after new City Council 38 — 5 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 6 hotels continue through the development process and open for business, such as the Tapestry by Hilton. Staff will continue to monitor activity over the first six months and may adjust to increase revenue estimates with the Mid -Year Budget Report as needed. Business License Tax (BLT): The BLT revenue of $1.4 million collected in the first quarter exceeded last year's revenues of $1.0 million. The revenue is on track to meet the $12.2 million annual estimate. With the hiring of additional staff, our revenue division has been able to proactively improve collections, including making payment arrangements with small businesses suffering during the pandemic. Peak business license periods occur during the third and fourth quarters of the fiscal year, when approximately 80% of annual BLT is collected. Utility Users Tax (UUT): The UUT is a 5.5% tax on the following utilities: electric, gas, water, and telecommunications. UUT collected for the first quarter is nearly $4.4 million, which exceeded last year's revenues of $4.0 million. Currently, the electric, gas and water utilities are trending above last year's first quarter results. However, the telecommunications utility users' tax has been showing a continual downward trend for the past few years and is nearly $0.1 million less than the prior year. This appears to be primarily due to service providers readjusting their apportionment of sales from taxable to nontaxable services. Permits and Plan Check: Current permit and plan check revenues collected total $3.8 million. Plan check revenues in the first quarter surpassed annual estimates by nearly $0.1 million or 3.4%, while permit revenues of $1.1 million are nearly doubled the amount of last year's first quarter results of $0.6 million. The uptick in planning and building activity is due to a one-time spike in plan check activity. Staff will continue to monitor development activity and related revenues and may revise revenue estimates with the Mid -Year Budget Report. General Fund Expenditures for FY 2021-2022 Overall, General Fund expenditures are at 22.6% of budget. Each department is within the expected range of spending for the first quarter. It should be noted the first quarter activity includes four monthly payments for fire services, as the City pays one month in advance. OTHER CITY FUNDS Cannabis Public Benefit Fund The Cannabis Public Benefit Fund provides dedicated funding for youth programs implemented through the Parks, Recreation and Community Service Agency and the Library. Examples of programs implemented during the first quarter include: • The Book/Tech Mobile program engages the community where they are by placing an emphasis on technology, robotics and STEM learning. City Council 38 — 6 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 7 • Wireless hotspots have been expanded to allow for filtered safe internet services for the City's youth community. • Year-round aquatics program at Memorial Pool and seasonal aquatic programs for youth to promote water safety and stay physically active. • The Youth Internship program, in partnership with the Santa Ana Youth (SAY) Employment Program, provides a paid work experience to introduce youth into the workforce and is a year around program. The City Council recently received a report of FY20-21 actual expenditures in the Cannabis Public Benefit Fund, as recommended by the Orange County Grand Jury. Parking Enterprise The Parking Enterprise fund was impacted by COVID-19, but as outdoor dining continues to be an option in the downtown area and events are planned during the year, we expect to see a slight improvement in parking revenue. However, staff may recommend a subsidy with the FY21-22 Mid -Year Budget Report to fund ongoing parking operations. Internal Service Funds Internal Service Funds are used to centralize the budget and accounting for services provided to other City departments. Examples include General Liability claims and coverage, Employee Benefits, Building Maintenance, and Fleet Maintenance. The City utilizes a consultant to review, validate, and develop internal charges to City departments. The FY21-22 budget included increased charges for some of these funds; but other charges have remained static while labor, supply and contract costs continue to increase. As such, some of the Internal Service Funds are still troubled and in need of increased contributions to sustain service levels. General Liability Fund The City's Budget and Reserve Policy includes a target reserve equal to 80% of the actuarial -determined loss liability. The General Liability Fund is short of this target over the next two years by $6.4 million. Staff will work towards developing a long-term plan to achieve target reserve levels. Workers Compensation Liability Fund The Workers Compensation Liability Fund is also short of the target reserve level over the next two years by $12.9 million. Staff will work towards developing a long-term plan to achieve target reserve levels. Employee Benefits Fund The pass -through charges accounted for in the Employee Benefits Fund have remained level for many years, even though the City's costs for employee benefits have steadily increased. The fund has been operating at a loss, depleting the previously accumulated fund balance. The actual fund balance at June 30, 2021 was negative $1,227,916. The FY21-22 budget would deplete the fund balance by another $2.2 million, as shown on page B-21 of the budget document. Recently, staff and the City's consultant worked City Council 38 — 7 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 8 through an updated cost allocation and internal charge methodology to be included in the proposed FY22-23 budget. In the meantime, the fund needs a cash infusion to avoid a negative fund balance at June 30, 2022. Building Maintenance Fund The City's buildings are aged and there has been an increased demand for repairs across all city facilities including fire stations and the City Hall complex. Over the past four years, the fund has been operating at a loss and has continued to rely on fund balance to pay for its operational costs. Staff expects the FY21-22 budget will deplete the fund balance. We currently recommend a one-time infusion, with a plan to propose a rebalancing of internal charges and costs with the FY22-23 budget. Fleet Maintenance Fund The Fleet Maintenance Fund provides support for the maintenance and operation of city - owned vehicles. In three of the last four years, the fund has been operating at a loss and has been using available fund balance to cover operations and new vehicle purchases. The labor and supply costs have been increasing and growth of the fleet has increased demand for routine maintenance, yet the corresponding internal charges to departments have not increased. We currently recommend a one-time contribution, with a plan to propose a rebalancing of internal charges and costs with the FY22-23 budget. Full -Time Employee Position Vacancy Report The FY 2021-22 budget included funding for 1,263 full-time positions. On October 5, 2021, the City Council approved an additional 21 positions across various departments funded by the Revive Santa Ana program. These new positions funded in the second quarter will be included in the Mid -Year Budget Report. Staff recommends adding one full-time Meter Reader Collector position funded by the Water Enterprise Fund. This area has been experiencing staffing shortages for a number of years, impacting timely reads and rereads of water meters used for water billing. Furthermore, staff expects the water fund to receive a significant infusion of funds from the state in January for past -due water accounts. The requested funding for the position is $42,720 to cover the remainder of the fiscal year, with the full annual amount to be included in the FY22-23 budget. Staff also recommends adding one full-time Economic Development Specialist I position in the Community Development Agency to support the administration of new economic development and resident assistance programs. The requested funding for the position is $57,840 to cover the remainder of the fiscal year, with the full annual amount to be included in the FY22-23 budget. Additionally, staff recommends adding one full-time Records Manager position in the City Clerk's Office to manage the increased volume of public records request. Human Resources will provide a final recommendation of appropriate job classification which will City Council 38 — 8 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 9 be included in the Mid -Year Report. The requested funding for the position is estimated at $79,980 for the remainder of the fiscal year with the full annual amount to be included in the FY 22-23 budget. Furthermore, staff recommends adding one full-time employment staff attorney position in the City Attorney's Office to provide labor relations support for investigations and contract negotiations to provide cost savings. The utilization of in-house staff will minimize the cost of using outside contract attorneys. Human Resources will provide a final recommendation of appropriate job classification which will be included in the Mid - Year Report. The requested funding for the position is estimated at $94,080 for the remainder of the fiscal year with the full annual amount to be included in the FY 22-23 budget. As of September 30, there is a total of 154 total vacancies (Exhibit 1), of which, 124 are funded vacant positions and 30 are subject to the hiring freeze. Positions subject to the hiring freeze provided $2.9 million in savings in the current year budget. At this time, staff proposes to release $0.8 million of the hiring freezes to improve service to the public, with an estimated FY21-22 cost of $0.4 million for the remainder of the year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT On December 9, the City finalized the FY20-21 financial statements and the independent auditor issued a "clean" opinion. A complete report of the audited financial statements is scheduled for presentation to City Council on January 18, 2022. A summary of the June 30, 2021 ending General Fund balance follows. Amounts to be spent in FY21-22 for continued appropriations and encumbrances $4,042,487 18% Policy Reserve 63,083,968 Available for one-time spending 42,289,528 Total General Fund Balance at June 30, 2021 $109,415,983 If City Council approves the staff recommendation, the 18% Policy Reserve will increase to an estimated $64,354,356 at June 30, 2022 and the remaining available balance for one-time spending will be $16,364,140. A summary of the FY21-22 General Fund budget updated with new sales tax and property tax estimates follows. Recurring FY21-22 Budget FY21-22 Updated Revenue $340,944,200 $357,524,200 City Council 38 — 9 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 10 Expenditures 328,791,570 328,791,570 Net Transfers to Other Funds (24,703,590) (24,703,590) Net Activity $ 12,550,960 $4,029,040 If City Council approves the staff recommendation, FY21-22 recurring expenditures will increase by $3,066,900 (with an annualized estimate of $6,083,800 for FY22-23). Staff recommends the following appropriation adjustments. Adjustments for General Fund contributions to other funds: Fiscal Accounting Unit - Fund Accounting Unit, Amount Year Account # Description Account Description FY 21-22 01106019-68000-XX General Fund Inter -Fund Transfers $10,800,000 Service Enhancement, Transfer Out FY 21-22 06717002-59000-11 SARTC Transfer In to $1,900,000 Operations Train Station Enterprise Fund FY 21-22 08X09002-59000-11 General Transfer In to $1,500,000 Liability / General Liability / Workers' Workers' Compensation Compensation Fund FY 21-22 08109002-59000-11 Benefits Fund Transfer In to $3,400,000 Employee Benefits Fund FY 21-22 07317002-59000-11 Building Transfer In to $2,500,000 Maintenance Building Maintenance Fund FY 21-22 07517002-59000-11 Fleet Transfer In to Fleet $1,500,000 Maintenance Maintenance Fund Adjustments for one-time project costs: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY 21-22 011XX017-66220 General Fund PWA / PRCSA Service $1,450,000 Enhancement, City Council 38 — 10 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 11 Improvements Other Than Building FY 21-22 01117650-6XXXX General Fund SARTC Maintenance $5,405,000 Service Enhancement Deferred Maintenance FY 21-22 01117017-6XXXX General Fund PWA Service $1,000,000 Enhancement (Repurpose Cypress Fire Station FY 21-22 01118810-62300 General Fund Economic Development $2,000,000 Service Enhancement (S. Main Corridor Restaurant Incubation FY21-22 01117017-62300 General Fund PWA Service $1,000,000 Enhancement (S. Main Corridor Public Art FY 21-22 01113250-6XXXX General Fund Park Facilities Service $1,500,000 Enhancement (Deferred Park Maintenance) FY21-22 01115330-62300 General Fund Fire Suppression / EMS $1,050,000 (Fire Stations — Removal of Underground Storage Tanks FY21-22 01117017-66400 General Fund PWA Service $150,000 Enhancement (Mini Sweeper for Protected Bike Lanes FY 21-22 01118810-62300 General Fund Economic Development $200,000 Service Enhancement Memorial to Lives Lost FY 21-22 01104012-66210 General Fund City Council Service $100,000 Enhancement, Office Space Improvement Adjustments for on oin /recu ring project costs: Fiscal Accounting Unit- Fund Accounting Unit, Account Amount Year Account # Description Description FY 21-22 06017645-61XXX Water Fund Water Admin / Engineering $42,720 Meter Reader Collector FY 21-22 01118810-61XXX General Fund Economic Development $57,840 Service Enhancement Economic Dev. Spec. I FY 21-22 01107017-61XXX General Fund COTC Service Enhancement $79,980 Records Manager) City Council 38 — 11 12/21/2021 Receive and file the FY 2021-2022 General Fund - First Quarter Budget Update December 21, 2021 Page 12 FY 21-22 01108017-61XXX General Fund CAO Service Enhancement $94,080 Emplo ment Staff Attorney) FY 21-22 01117626-62300 General Fund PWA Sidewalks Service $500,000 Enhancement (Sidewalk Improvements FY 21-22 01117620-62300 General Fund PWA Traffic / Transportation $500,000 Service Enhancement (Traffic Calming) FY21-22 01117017-62300 General Fund PWA Service Enhancement $750,000 Alle Improvements FY 21-22 01117642-62300 General Fund PWA Graffiti Abatement $300,000 Service Enhancement (Graffiti Removal) FY21-22 01117017-62300 General Fund PWA Service Enhancement $75,000 (Protected Bike Lane Sweeping) FY 21-22 01104012-62302 General Fund City Council Service $210,000 Enhancement, Contract Vendor Personnel Services FY 21-22 01113017-62300 General Fund PRCSA Service $50,000 Enhancement (Juneteenth Celebration 2022 FY 21-22 01113017-62300 General Fund PRCSA Service $50,000 Enhancement(City Events FY 21-22 Various-61 XXX General Fund Various (Partially Restore $400,000 Frozen Positions Adiustments for increases to revenue estimates: Fiscal Year Accounting Unit -Account # Fund Description Accounting Unit, Account Description Amount FY 21-22 01102002-50020 General Fund Sales Tax - Bradley -Burns $3,950,000 FY 21-22 01102002-50022 General Fund Sales Tax - Measure X $12,250,000 FY 21-22 01102002-50011 General Fund Property Tax $380,000 EXHIBITS 1. Fiscal Year 2021-2022 General Fund - First Quarter Budget Update 2. Personnel Resolution 3. Quarterly Report on Sales Tax and Business Activity Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 38 — 12 12/21/2021 • r �. . r .'yam. • 4 f �• ® 'a EXHIBIT 1 Fiscal Yea 2021 =2022 u12 sexr9 A q V '~ First Quarter Budget Update 0 0 • 0 0 0 0 0 0 0 0 0 # 0 0 0 0 0 0 0 0 0 • 0 0 0 0 4 0 0 0 0 0 0 City Council Meeting December 21, 2021 13 12/21 /2021 AL AGENDA General Fund One -Time Funding First Quarter General Fund Revenues First Quarter General Fund Expenditures Vacancy Report as of September 30,2021 City Council 38 — 14 12/21 /2021 0 General Fund Available One -Time Funding FY 2020-21 Carryforward to FY 2021-22 Operating Reserve 18% Available for One -Time Spending Total Fund Balance 6130/2021 410421487 63,083,968 42,289,528 $109,415,983 FY 2021-22 Available for One -Time Spending $42,289,528 One -Time Proposed Appropriations (24,655,000) Net Increase to Operating Reserve (1,270,388) Total Est. Available One -Time Funding $16,364,140 City Council 38 — 15 12/21/2021 3 1st Quarter General Fund Revenues Revenue Source Sales Tax FY 21-22 Adopted Budget 53,650,000 FY 21-22 1119""V QuarterIV 1st e 4,976,064 F Received 9_3% Sales Tax (Mea Ure) 65,000,000 6,788, 01 10.4° Rro1)egy Tax/ Propeqy Tax In -Lieu of VLF A Residual 88,874,500 676,230 0.8' I Hotel Visitor's Tax 5,000,000 1,467,700 9.4' I Business License 12,200,000 1,430.783 11.7'' Hti l ity User's Tax 23,650,000 439155.89 2 18.6' , OamialDi Taxi' 20,875,000 3,660,967 17_ % Subtotal Top GIF Revenues $ 269,249,500 $ 23,396,137 _7% Other General Fund Revenues 71, 94,700 13,375,214 1 _7% Total Revenues $ 340,944,200 1 $ 36,771,3511 10_ 12/21 Quarter i 8% Quarter 4% Quarter 3 8% Medical. Adult -else Retail. Cultivation. Distribution, Manufacturing and Testing 4 1st Quarter Other Key General Fund Revenues '10 ii Source Revenue FY 21-22 * d o pi d 'TY 2 Ist Quarter i i Received Budget Actualls Jail Revenue 15,910,920 $ 241,23,E 1. % Permits 3,285,4001,129,351 34.4% Plan Checks 2,590,100 2,678,708103.4% Parking Fines 4,900,000 1,022,210 20.9% Paramedic Services Charge 6,375,000 1.584.113 4. % Other Key Revenues $ 33, 1,4 . . 17 20.1% City Council 38 — 17 12/21 /2021 5 Amended Budget Actuals Positive Variance Adopted Budget Updated Estimate Increase Sales Tax $49,198,300 54,999,505 $5,801,205 $53,650,000 57,600,000 $3,950,000 $61,432,700 7510941336 $13,661,636 $65,000,000 77,250,000 $12,250,000 City - 021 6 Quarterly Sales Tax Revenue $40.0 $35.0 $30.0 $25.0 MP $20.0 $j15.0 $12.6 $10.0 $5.0 (in Millions) m Bradley -Burns Measure X +-► Trendline $29.5 $28.4 $29.6 $26.1 - 525,5 $34.1 $31.3 $32.1 I p Q's o o � o a1 1'a City Council 38 — 19 12/21/2021 7 1st Quarter General Fund Expenditures City G `1! p, LU City Manager Adopted Budget 2,774,200 + 7 ! ` 555,222 '+ 1' 1`1 20.0% ! a 7 3-Year ! Averge Quarter i 3 City Council 569,280 107,740 18.9% Non -Departmental 49,206,780 8,222,586 16.7% Transfers to Projects and Debt Service 24.173.510 5,101,901 21.1% Clerk of the Council 1,470.790 296,272 20-1% City Attorneys Office 2.955,140 628.003 21.3% Quarter Quarter ' % Quarter Human Resources 3,455,190 820J79 233% Finance & Management Services 10,416,490 2,078,650 20.0% Library 5,864,340 1,223,28 20.9% Bowers Museum 1,474,030 364,157 24.7% Parks and Recreation Services Agency 23,289,740 4,618,057 19.8% Police Department 141,082,500 33,368,870 23.79 Fire Department* 51,618,690 16,558,701 32-1% Planning & Building Agency 15,535,280 2,710,431 17-4% Public Works Agency 15,711,070 2,881,665 18.3% Community Development 3,898,130 491,905 12.6% �uncil 10 1 AE G EN LKAL F U N U _nw,min, 12 1/2021 'Includes one month advarrced Miami Vacancy Report as of September 30 City Manager's Office ■ + } 12 a 3 a 1 r a 4 1 ■ a f ! 0 i f a T ■ CityAttorney' Office 15 2 0 Clerk of the Council 6 0 0 0 0 Community Development 51 1 6 7 0 Finance & Management Services 64 3 0 3 1 Information Technology 24 0 7 7 0 Human Resources 29 6 2 8 0 Planning & Building 80 13 3 16 5, 11 Police Department CD28 44 0 44 lit) 34 Parks, Recreation, & Community Services 79 14 2 1115 8 8 Library 26 4) 4 4 Public Works Agency 249 7 36 43 4 39 Total 1263 97 57 154 30 124 City Council 38 — 21 12/21/2021 EXHIBIT 2 RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2021- 2022 ANNUAL BUDGET TO ADD ONE FULL TIME POSITION IN THE FINANCE AND MANAGEMENT SERVICES AGENCY AND ONE FULL TIME POSITION IN THE COMMUNITY DEVELOPMENT AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On June 15, 2021, the City Council passed and adopted Ordinance No. NS-3005, establishing the City's Budget for Fiscal Year 2021-2022 and authorizing position allocations for Fiscal Year 2021-2022. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council; B. On October 5, 2021, the City Council approved Resolution No. 2021- 057 to amend the current Fiscal Year 2021-2022 budget to add limited - term full-time positions for American Rescue Plan Act Projects. C. The Executive Director of the Finance and Management Services Agency now requests to amend the Fiscal Year 2021-2022 budget to add one (1) full-time Meter Reader Collector; D. The Executive Director of the Community Development Agency requests to amend the Fiscal Year 2021-2022 budget to add one (1) full time Economic Development Specialist I; and E. It is now desired to amend the Fiscal Year 2021-2022, as amended, in order to effect this change, as shown below. Section 2: The City's Annual budget for Fiscal Year 2021-2022, as amended, is hereby further amended by adding the following position in the Finance and Management Services Agency, at the monthly seven -step range as indicated: Classification Title Meter Reader Collector 7-Step Salary Rate Range Effective 7/1 /2021 Number of Positions Added Monthly Salary Minimum -Maximum 1 $4296 - $5762 Res q i1xAA 38 — 22 12/21 /2021 Page�of" EXHIBIT 2 Section 3: The City's Annual budget for Fiscal Year 2021-2022, as amended, is hereby further amended by adding the following position in the Community Development Agency, at the monthly seven -step range as indicated: 7-Step Salary Rate Ranae Effective 7/1/2021 Classification Title Number of Positions Added Monthly Salary Minimum -Maximum Economic Development 1 $6415 - $8599 Specialist I Section 4: All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 5: That except as amended by this Resolution, all other provisions of the Annual Budget for Fiscal Years 2021-2022, as amended, shall remain in full force and effect. Section 6: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM Sonia R. Carvalho City Attorney Laura A. Rossini Chief Assistant City Attorney City Council 38 — 23 eso ¢ - XX `page of 3 EXHIBIT 2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021- to be the original Resolution adopted by the City Council of the City of Santa Ana on December , 2021 Date: Clerk of the Council City of Santa Ana Res %TfKa i1AAA 38 — 24 12/21 /2021 Page EXHIBIT 3 City of Santa Ana AliI Jl V E tl LF Quarterly Report on Sales Tax and Business Activity Top 25 Sales Tax Remitters 7-ELEVEN FOOD STORES ARCO AM/PM MINI MARTS BUILDERS SURPLUS CALIFORNIA MOTORS DIRECT CHEVRON SERVICE STATIONS CREVIER BMW/MINI FINANCIAL SERVICES VEHICLE TRUST FREEWAY HONDA G & M SERVICE STATIONS GUARANTY CHEVROLET HOME DEPOT MAIN ELECTRIC SUPPLY COMPANY MCDONALD'S RESTAURANTS PEOPLE'S OC - MMD ROGER DUNN GOLF SHOPS ROSS STORES SAF-T-CO SUPPLY SUBARU ORANGE COAST SUPER CLINIK - MMD TARGET STORES THE ARNOLD COMPANIES VOLKSWAGEN SOUTH COAST VOLVO OF ORANGE COUNTY WAL MART STORES WAXIE'S SANITARY SUPPLY 1 -1 Business Activity General Retail Food Products Transportation Construction Business To Business TOTAL LOCAL BUSINESS ACTIVITY COUNTYWIDE POOL ACTIVITY 2nd Quarter 2021 in Review California sales tax cash receipts increased by 32.3%from the same quarter last year. In this jurisdiction sales tax cash receipts increased by 39.4% from the same quarter last year due to a increase of $432,159,000 in Taxable Sales. Lash Receipts Santa Ana Orange Countywide Pool Orange Countywide South Coast Region Statewide 39.4% 20.1% -0.8% 18.9% 37.9% 10.3% ' 34.8% 10.1% 32.3% 12.9% Annualized Percent Change in Sales Tax Cash Receipts 24.0% 18.0% 12.0% 6.0% 0.0% -6.0% -12.0% 18.0% (:' C° o-ti o-ti oti° ti� 0 o-° oti o-ti o-� C° o-ti ati ) ti� ti° ti� do ,yo do �o ,y�o ,yo do Santa Ana Orange Countywide Statewide Santa Ana South Coast California il�uarter Annual Quarter Annual Quarter Annu 49.9% 14.7% 73.5% 6.3% 52.3% 3.0% 36.1% -1.7% 62.2% -6.6% 42.7% -14.0% 57.1% 6.9% 55.9% 9.7% 37.1% -0.8% 14.3% 9.3% 11.8% 9.6% 7.7% 2.1% 31.1% 6.6% 23.8% -0.8% 11.0% -8.0% 39.8% 7.3% 49.4% 3.4% 32.5% -3.7% 0.3% 29.8% 2.7% 23.6% 7.4% 25.0% W:/:11-311111N City of Santa Ana News • Economic Activity: Real Gross Domestic Product (GDP) grew at a seasonally adjusted annualized rate of 6.5% in the second quarter of 2021. Real GDP in Q2 2021 surpassed its Q4 2019 pre -pandemic peak by 0.8%. (Finance Bulletin, August 2021) • Employment: The U.S. unemployment rate fell by 0.7% to 5.2% in August of 2021 compared to July of 2021. Total U.S. nonfarm payroll employment increased by 235,000 (0.2%) in August compared to July of 2021. California's unemployment rate remained unchanged at June's revised rate of 7.6% for the month of July 2021. California's civilian employment increased by 56,000 (0.3%) in July of 2021 compared to June of 2021. (Finance Bulletin, August 2021 & BLS) • Personal Income: U.S. personal income increased by 2.7% in the Second quarter of 2021, compared to same quarter previous year. This increase was after a 5.2% growth in the first quarter of 2021. (BEA) Santa Ana Annual Per Capita Sales Tax Adjusted for Inflation (Constant 2017 $) ■ General Retail Food Products ■ Transportation ■ Construction ■ Business To Business Miscellaneous County Pool (Cash Basis) 2017Q2 $139 2018Q2 $140 2019Q2 $141 2020Q2 $130 2021Q2 $138 City Manager Office www.santa-ana.org/cm Item # 39 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Ordinance Prohibiting the Sale of Flavored Tobacco Products AGENDA TITLE: Ordinance Prohibiting the Sale of Flavored Tobacco Products RECOMMENDED ACTION Consider one of the following recommendations: 1. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products. 2. Adopt an urgency ordinance prohibiting the sale of flavored tobacco products. (Requires five affirmative votes) DISCUSSION Intrnrli irtinn At the November 16, 2021 meeting, Councilmember Mendoza added the following Councilmember requested item: Discuss and Consider Directing City Manager to Direct Staff to Introduce an Ordinance to Ban the Sale of Flavored Tobacco Products. There was consensus among a majority of the City Council to proceed with this item. Background On November 20, 2006, the City Council enacted Ordinance No. NS-2729 ("Tobacco Retail License ordinance"), amending Chapter 18, Article III of the Santa Ana Municipal Code to establish a permitting process for tobacco retail sales and to regulate their issuance. Below are some of the core elements of the Tobacco Retail License ordinance: • Establishes definitions for terms such as "tobacco paraphernalia", "tobacco product", and "tobacco retailer". • Declares that a person who acts as a tobacco retailer may only do so in a fixed business location and must obtain and maintain a valid tobacco retailer license by following the application procedure set forth in the ordinance. • Outlines provisions relating to application, renewal, suspension or revocation, appeal, seizure, and enforcement procedures. City Council 39 — 1 12/21/2021 Ordinance Prohibiting the Sale of Flavored Tobacco Products December 21, 2021 Page 2 The Tobacco Retail License ordinance does not address the topic of flavored tobacco products. Flavored Tobacco Flavored tobacco means any tobacco product with added flavorings. This can mean tobacco products that contain a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. Tobacco products may be flavored to mask the taste or odor of tobacco smoke, enhance tobacco flavor, or decrease the social stigma associated with smoking. Tobacco Products There is a wide array of tobacco products. In addition to substances that are made or derived of tobacco (such as cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, and bidis), tobacco products may also consist of electronic smoking devices, any substances that may be aerosolized or vaporized by such devices, and any component of substances made of tobacco or electronic smoking devices (such as filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes). Tobacco Retailer Licenses; Enforcement Santa Ana businesses that sell tobacco must obtain a Tobacco Retailer License, which is issued by the Santa Ana Police Department (SAPD). As such, SAPD is responsible for the administration, oversight, and enforcement of said Tobacco Retailer Licenses. There are 261 active tobacco retailer licenses. Within the permitting process, SAPD personnel verifies with the California Department of Tax and Fee Administration (CDTFA) that each business' retail license is valid and correct on an annual basis. Once the information is verified and payment is received, a permit is issued. To enforce the issuance of Tobacco Retailer Licenses, SAPD conducts weekly enforcement operations that target the illegal use, sales, and distribution of tobacco -related products. In 2021 (YTD), SAPID personnel conducted 25 operations, which netted 91 citations for tobacco -related infractions. U.S. Surgeon General Declares Tobacco Use as a Public Health Priority According to the U.S. Centers for Disease Control and Prevention (CDC), tobacco use is the leading cause of preventable death in the United States and worldwide. More than 16 million U.S. residents are living with a disease caused by smoking. Worldwide, tobacco use causes more than 7 million deaths per year. A 2016 report by the U.S. Surgeon General entitled E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. - PDF finds that while nicotine is a highly addictive drug at any age, youth and young adults are uniquely vulnerable to the long-term consequences of exposing the brain to nicotine. The report also finds that secondhand aerosol exhaled into the air by e-cigarette users can expose others to potentially harmful chemicals. In 2018, City Council 39 — 2 12/21/2021 Ordinance Prohibiting the Sale of Flavored Tobacco Products December 21, 2021 Page 3 the Surgeon General's Advisory on E-Cigarette Use among Youth noted that e-cigarette use increased 78 percent among high school students during the past year, and one in five high school students and one in 20 middle school students currently use e-cigarettes. To clarify, these substances are tobacco products. U.S. Food and Drua Administration and Flavored Tobacco Products On their website, the U.S. Food and Drug Administration (FDA) declares that the use of flavorings in tobacco products raises important public health questions. For example, the FDA is aware of scholarly and peer -reviewed research that asserts that flavorings in tobacco products are particularly appealing to youth and young adults. Acknowledging these findings, in 2009, the FDA banned cigarettes with characterizing flavors other than menthol (which have been proven to appeal to youth and young adults). More recently, in April 2021, the FDA announced plans to propose tobacco product standards to ban menthol as a characterizing flavor in cigarettes, as well as to ban all flavors in cigars — including menthol. Currently, no flavors are banned from other tobacco products (those other than cigarettes with characterizing flavors other than menthol), although scholarly and peer -reviewed research suggests that flavors may make these products more enticing to youth and young adults. The FDA asserts that flavored tobacco products are disproportionately popular among youth —and that removing flavors from tobacco products will help protect people from becoming addicted to them. Ordinance Prohibiting the Sale of Flavored Tobacco Products The proposed ordinance (Exhibits 1 and 2) amends Sec. 18-92 of Chapter 18, Article III the Santa Ana Municipal Code to declare that it shall be unlawful for any tobacco retailer in Santa Ana to tell any flavored tobacco product. To enforce such an ordinance, SAPD would need to expand its current enforcement operations as follows: • Weekly business compliance checks to ensure no flavored tobacco products are sold on premises • Increased use of undercover decoy programs to identify businesses selling prohibited tobacco products • Additional infraction citations issued when illicit products are located • Increased permit staff time to revoke tobacco retailer licenses for habitual business offenders If the compliance procedure is to merely conduct routine compliance checks on businesses that sell tobacco products, then the current funding associated with the Tobacco Retailer License program has the capacity to absorb the added responsibility to ensure compliance with the proposed prohibition on the sale of flavored tobacco. City Council 39 — 3 12/21/2021 Ordinance Prohibiting the Sale of Flavored Tobacco Products December 21, 2021 Page 4 For consideration by the City Council, attached are two versions of the ordinance: a regular ordinance (Exhibit 1) and an urgency ordinance (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance 2. Urgency Ordinance Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 39 — 4 12/21/2021 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE III ENTITLED "TOBACCO RETAIL LICENSE" OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS WHEREAS, 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. WHEREAS, the City Council finds and determines that the recent increase in use of e-cigarettes by middle and high school students is a grave public health concern. WHEREAS, according to the American Lung Association, smoking is the number one preventable cause of death in the United States killing over 480,000 people per year'. WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") has definitively linked smoking to more severe illness from COVID-192. WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed venues in the United States contain nicotine. WHEREAS, use of nicotine can harm the developing brain and the brain continues developing until age 25. WHEREAS, use of nicotine in adolescence can lead to lower impulse control and mood disorders3. WHEREAS, there is evidence that youth may be sensitive to nicotine and that teens can feel dependent on nicotine sooner than adults. WHEREAS, as of 2017, more than two (2) million teens were currently using e- cigarettes.4 ' https://www.lung.org/research/sotc/facts z https://www.lung.org/research/sotc/facts 3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016. 4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633 Ordinance No. NS - City Council 39 — 5 12/21/2-6 of 7 WHEREAS, according to the 2020 National Youth Tobacco Survey, more than 23.6% of high school students in the United States use at least one tobacco product, including e-cigarettes, as well as 6.7% of middle school students. WHEREAS, in 2021, 84.7% of youth who reported using e-cigarettes reported using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy, desserts or other sweets (34.1 %), mint (30.2%) and menthol (28.8%).5 WHEREAS, flavorings in tobacco products can make the products more appealing to youth6. WHEREAS, according to the CDC, each day about 1,600 youth try their first cigarette'. WHEREAS, according to the CDC, widespread marketing of e-cigarettes and the lower cost (when compared to traditional tobacco products) have contributed to the use of e-cigarettes among youth. . WHEREAS, if cigarette smoking continues at the current rate among youth in the United States, 5.6 million people currently under the age of 18, will die early from a smoking -related illness.$ WHEREAS, many cities throughout California have banned the sale of flavored tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles, Pasadena, El Monte, Glendale, Burbank and Laguna Niguel. WHEREAS, the State of California passed SB 793 banning the sale of flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum on the statewide ballot for November 2022. WHEREAS, the staff report for this ordinance dated December 21, 2021, 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. s Park -Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School Students- National Youth Tobacco Survey, United States, 2021. Morbidity and Mortality Weekly Report, 2021. 70:13 87-9. 6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School Students —United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066-70. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh-stu-home-spotli hthg t-001 a h!Ws://www.cdc.aov/tobacco/data statistics/fact sheets/youth data/tobacco use/index.htm Ordinance No. NS - Pag ity° ouncil 39 — 6 12/21/2021 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The recitals and statements of fact set forth in the Recitals to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference and adopted by the City Council. Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled "Tobacco Retail License" of Chapter 18 of the Santa Ana Municipal Code are hereby amended to read in their entirety as follows (new language is underlined and deleted language is stricken): Sec. 18-90. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the Santa Ana Police Department. (b) "Characterizing flavor" means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary consumer either prior to, or during consumption of, a tobacco product, including but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes characterizing flavor. MLc) "Chief' means the Chief of Police or designee. (d) "Flavored tobacco product" means any tobacco product that imparts a characterizing flavor. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. {c-)Le) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, and includes the definition of "person" found in Section 1-2 of the Code. Ordinance No. NS - City Council 39 — 7 12/21/26F2 of 7 {d7Lf) "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. " - Me- (#)Lc� Tobacco product" means: (1) any product or substance containing, made of, or derived from tobacco or nicotine that is intended for human consumption tea#z whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; or (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, pipe or hookah; or (3) any component, part, accessory of subsections (1) or (2), whether or not any of these contain tobacco or nicotine, including but not limited to filters. rollina Daaers. blunt or hemp wraas: will be Eed-iota-the hi map h, dy, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. {g)(h) "Tobacco retailer" means any person or business who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tnharrE) paraphernalia sold, offered for sale, exchanged, or offered for exchange. Sec. 18-91. Tobacco retailer license. (a) It shall be unlawful for any person to act as a tobacco retailer, or to display or advertise the sale of tobacco products er tebaGGe paraphern, without obtaining and maintaining a valid tobacco retailer's license pursuant to this article for each location at which that activity is to occur. (b) It shall be a unlawful for a licensed tobacco retailer, or an agent or employee thereof to violate any local, state, or federal tobacco -related law. Ordinance No. NS - Pag�lty ouncil 39 - 8 12/21/2021 (c) Each day on which a prohibited act occurs shall constitute a separate violation. (d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to sale, display or advertising of tobacco products, tebaGG^ paraphernalio or tobacco retailing. (e) Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. Sec. 18-92. - Limits on tobacco retail license. (a) No license shall be issued to authorize tobacco retailing at other than a fixed business place. Tobacco retailing by persons on foot or from vehicles is prohibited. (b) No license shall be issued to authorize tobacco retailing at any location for which a tobacco retailer license suspension is in effect or during a period of ineligibility following a revocation. (c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer's agents or employees, to sell, offer for sale, possess with intent to sell or offer for sale, a flavored tobacco product. Sec. 18-103. Tobacco retailing without a license —Seizure. (a) Tobacco products, including flavored tobacco products, and tebaGGG paraphernalia offered for sale or exchange in violation of this article are subject to seizure by the chief or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products -and seized is given reasonable notice and an opportunity to demonstrate that the tobacco products and tobaGGG paraphernalia were not offered for sale or exchange in violation of this article. (b) Forfeited tobacco products and tebaGGG parapher shall be maintained and destroyed pursuant to the chief's policy for seized evidence. Section 3. 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. Ordinance No. NS - City Council 39 — 9 12/21/2R of 7 Section 4. If any section, subsection, phrase, or clause 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 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 6. This ordinance shall go into effect thirty (30) days after its adoption. ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Ordinance No. NS - Pagtlty° ouncil 39 — 10 12/21/2021 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, 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 Date: Clerk of the Council City of Santa Ana Ordinance No. NS - City Council 39 — 11 12/21/262 of 7 ORDINANCE NO. NS-XXXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE III ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS WHEREAS, 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. WHEREAS, pursuant to Santa Ana City Charter Sections 415 and 417, this ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the residents of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth in these Recitals. WHEREAS, the City Council finds and determines that the recent increase in use of e-cigarettes by middle and high school students is a grave public health concern. WHEREAS, according to the American Lung Association, smoking is the number one preventable cause of death in the United States killing over 480,000 people per year'. WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") has definitively linked smoking to more severe illness from COVID-192. WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed venues in the United States contain nicotine. WHEREAS, use of nicotine can harm the developing brain and the brain continues developing until age 25. WHEREAS, use of nicotine in adolescence can lead to lower impulse control and mood disorders3. i https://www.lung.org/research/sotc/facts z https://www.lung.org/research/sotc/facts s E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016. Ordinance No. NS - City Council 39 — 12 12/21/262 of 7 WHEREAS, there is evidence that youth may be sensitive to nicotine and that teens can feel dependent on nicotine sooner than adults. WHEREAS, as of 2017, more than two (2) million teens were currently using e- cigarettes.4 WHEREAS, according to the 2020 National Youth Tobacco Survey, more than 23.6% of high school students in the United States use at least one tobacco product, including e-cigarettes, as well as 6.7% of middle school students. WHEREAS, in 2021, 84.7% of youth who reported using e-cigarettes reported using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy, desserts or other sweets (34.1 %), mint (30.2%) and menthol (28.8%).5 WHEREAS, flavorings in tobacco products can make the products more appealing to youth6. WHEREAS, according to the CDC, each day about 1,600 youth try their first cigarette'. WHEREAS, according to the CDC, widespread marketing of e-cigarettes and the lower cost (when compared to traditional tobacco products) have contributed to the use of e-cigarettes among youth. WHEREAS, if cigarette smoking continues at the current rate among youth in the United States, 5.6 million people currently under the age of 18, will die early from a smoking -related illness.$ WHEREAS, many cities throughout California have banned the sale of flavored tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles, Pasadena, El Monte, Glendale, Burbank and Laguna Niguel. WHEREAS, the State of California passed SB 793 banning the sale of flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum on the statewide ballot for November 2022. 'Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose 13K, Jamal A, Tobacco Product Use Among Middle and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633 s Park -Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School Students- National Youth Tobacco Survey, United States, 2021. Morbidity and Mortality Weekly Report, 2021. 70:13 87-9. 6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School Students —United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066-70. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh-stu-home-spotli hthg t-001 a h!Ws://www.cdc.gov/tobacco/data statistics/fact sheets/youth data/tobacco use/index.htm Ordinance No. NS - Pag ity° ouncil 39 — 13 12/21/2021 WHEREAS, the staff report for this ordinance dated December 21, 2021, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The recitals and statements of fact set forth in the Recitals to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference and adopted by the City Council. Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled "Tobacco Retail License" of Chapter 18 of the Santa Ana Municipal Code are hereby amended to read in their entirety as follows (new language is underlined and deleted language is stricken): Sec. 18-90. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the Santa Ana Police Department. (b) "Characterizing flavor" means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary consumer either prior to, or during consumption of, a tobacco product, including but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes characterizing flavor. MLc) "Chief' means the Chief of Police or designee. (d) "Flavored tobacco product" means any tobacco product that imparts a characterizing flavor. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizina flavor. Ordinance No. NS - City Council 39 — 14 12/21/26F2 of 7 {�� "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, and includes the definition of "person" found in Section 1-2 of the Code. 04(f) "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. {f)Lq) Tobacco product" means: (1) any product or substance containing, made of, or derived from tobacco or nicotine that is intended for human consumption leaf., whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; or (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, pipe or hookah; or (3) any component, part, accessory of subsections (1) or (2), whether or not any of these contain tobacco or nicotine, including but not limited to filters. rollina papers. blunt or hemp wraps: an" oreduG+ or fermi ilatieR will be the humg h9, , but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. 04LW "Tobacco retailer" means any person or business who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or +^ha^^^ paraphernalia sold, offered for sale, exchanged, or offered for exchange. Sec. 18-91. Tobacco retailer license. (a) It shall be unlawful for any person to act as a tobacco retailer, or to display or advertise the sale of tobacco products er tebaGGe paraphernalio without obtaining and maintaining a valid tobacco retailer's license pursuant to this article for each location at which that activity is to occur. Ordinance No. NS - Pag�lty ouncil 39 — 15 12/21/2021 (b) It shall be a unlawful for a licensed tobacco retailer, or an agent or employee thereof to violate any local, state, or federal tobacco -related law. (c) Each day on which a prohibited act occurs shall constitute a separate violation. (d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to sale, display or advertising of tobacco products, +nhannn paraphernalio or tobacco retailing. (e) Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. Sec. 18-92. - Limits on tobacco retail license. (a) No license shall be issued to authorize tobacco retailing at other than a fixed business place. Tobacco retailing by persons on foot or from vehicles is prohibited. (b) No license shall be issued to authorize tobacco retailing at any location for which a tobacco retailer license suspension is in effect or during a period of ineligibility following a revocation. c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer's agents or employees, to sell, offer for sale, possess with intent to sell or offer for sale. a flavored tobacco product. Sec. 18-103. Tobacco retailing without a license —Seizure. (a) Tobacco products, including flavored tobacco products, and tebaGGG paraphernalia offered for sale or exchange in violation of this article are subject to seizure by the chief or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products -and seized is given reasonable notice and an opportunity to demonstrate that the tobacco products and tobaGGG paraphernalia were not offered for sale or exchange in violation of this article. (b) Forfeited tobacco products and tebaGGG paraphershall be maintained and destroyed pursuant to the chief's policy for seized evidence. Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), Ordinance No. NS - City Council 39 — 16 12/21/2R of 7 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 4. If any section, subsection, phrase, or clause 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 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 6. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in the Recitals and Section 1 of this ordinance. ADOPTED this day of 12021. Vicente Sarmiento Mayor /_1»:Zo]T121D7_V2r011901 V OVA5 Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Ordinance No. NS - Pag�lty ouncil 39 — 17 12/21/2021 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, 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 Date: Clerk of the Council City of Santa Ana Ordinance No. NS - City Council 39 — 18 12/21/262 of 7 City Manager Office www.santa-ana.org/cm Item # 40 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: City Council Ad Hoc Committees and Standing Subcommittees AGENDA TITLE: Disbanding and Establishing Certain City Council Ad Hoc Committees; Resolution Establishing Certain City Council Standing Subcommittees RECOMMENDED ACTION 1. Disband the Homeless, Housing, and Legislative City Council Ad Hoc Committees, and establishing a Charter Review City Council Ad Hoc Committee. 2. Adopt a resolution establishing the Public Safety and Homelessness, and Legislative City Council Standing Subcommittees. DISCUSSION Ad Hoc Committees As local elected officials, members of the City Council engage in policymaking relating to matters of importance for City of Santa Ana. While some policy issues may be routine in nature, from time to time the City Council is presented with specific issues, which require the establishment of an ad hoc committee to meet for a limited time duration to address such issues. Ad hoc committees are established by the Mayor and at his discretion. Below is an overview of the six City Council ad hoc committees that were established in 2021 and appointed by Mayor Sarmiento: AD HOC MEMBERS SCOPE COMMITTEE Homeless Penaloza, Bacerra, Current state of homeless Hernandez services and homelessness in Santa Ana; how to provide relief to residents, business owners, and other community members Housing Sarmiento, Phan, Lopez Housing Element; General Plan amendments; Housing Opportunity Ordinance; rent stabilization Legislative Sarmiento, Hernandez Current legislative priorities; federal and state grant funding opportunities City Council 40 — 1 12/21/2021 City Council Ad Hoc Committees and Standing Subcommittees December 21, 2021 Page 2 Police Oversight Bacerra, Lopez, Hernandez Models of external civilian police oversight School Collaboration Mendoza, Lopez, Collaboration with the Hernandez Santa Ana Unified School District and other school districts Solid Waste Penaloza, Mendoza, Solid waste services Phan competitive request for proposals (RFP) process ProDosed Charter Review Ad Hoc Committee The City Council has been presented with the issue of reviewing and assessing the City Charter to propose amendments. This issue is highly complex and requires a short-term, specific discussion through an ad hoc committee. To move forward in the most efficient manner, staff is requesting that the City Council establish the aforementioned ad hoc committees in compliance with the Ralph M. Brown Act. In establishing ad hoc committees, the City Council must articulate the specific task or objective that the ad hoc committee is expected to complete or perform and further requires the City Council to establish a time frame for the completion of that task or objective. If established as requested, the proposed ad hoc committees will each meet to carry out a specific purpose and for a limited duration of time. Specifically, the Charter Review Ad Hoc Committee will be responsible for engaging in the following: • Composed solely of three members of the City Council, appointed by the Mayor • Serves in an advisory capacity to the City Council • Studies, reviews, and/or discusses the following topics: o Guide staff to research and analyze proposals to amend the City Charter. o Help coordinate community members, staff, and the City Council's ideas with regard to potential Charter amendments. o Formulate specific language for proposed Charter amendments in a form appropriate for placement on the ballot. o Prepare and submit proposed ballot arguments in favor of or against proposed Charter amendments. • Reports in intervals as needed • Automatically dissolves upon the report to the full City Council To ensure progress, the ad hoc committee should report to the City Council in three months and again in six months, with the expectation that a final set of recommendations will be made prior to the submission of the ballot initiative deadlines for the 2022 general election. The Charter Review Ad Hoc Committee may be established by the Mayor at his discretion. City Council Standing Subcommittees At this time, there is only one City Council standing subcommittee: the School Collaboration City Council Standing Subcommittee. Councilmembers Mendoza, Hernandez, and Lopez serve on this standing subcommittee. The purpose of the School City Council 40 — 2 12/21/2021 City Council Ad Hoc Committees and Standing Subcommittees December 21, 2021 Page 3 Collaboration City Council Standing Subcommittee is to study, review, and/or discuss the following topics: • Create opportunities to collaborate with educational institutions that serve Santa Ana, including public school districts (such as the Santa Ana Unified School District, Garden Grove Unified School Districts, and others), private schools, charter schools, higher education institutions, and others to improve service delivery. • Identify existing and future joint -use agreements for City -owned and school district - owned facilities to streamline and modernize service delivery. The School Collaboration City Council Standing Subcommittee may meet jointly with subcommittees of legislative bodies should those legislative bodies decide to establish their own subcommittees that meet at the same time, place, and manner of the School Collaboration City Council Subcommittee; moreover, the School Collaboration City Council Standing Subcommittee may meet with subcommittees of legislative bodies or their representatives in the form of those individuals attending and participating in the subcommittees of legislative bodies as attendees as agendized in those meetings. There is a desire among members of the City Council to establish additional standing City Council subcommittees: SUBCOMMITTEE SCOPE Legislative Provide on -going guidance and direction to help facilitate the City's legislative affairs efforts. This includes setting legislative priorities, directing legislative advocacy, making policy recommendations relating to how the City may respond to legislative actions that may affect the City. Public Safety and Provide on -going guidance and direction relating to public safety services Homelessness (police and fire) in Santa Ana. Provide on -going guidance and direction relating to homeless services in Santa Ana. Assess the impacts of homelessness on the quality of life of community members. The City Council may consider the attached resolution (Exhibit 1) to establish the Legislative City Council Standing Subcommittee and the Public Safety and Homelessness City Council Standing Subcommittee. If the resolution is adopted, the newly established standing subcommittees will create and approve its own by-laws that will provide further detail relating to their scope of work of advising the City Council. Staff recommends that each member of the standing subcommittee serve for a two-year term commencing with the first meeting of the newly installed City Council following a general election. These provisions are consistent with the provisions established in Resolution 2017-009 and Resolution 2021-XXX, which established the last series of standing subcommittees. Standing committees of the City Council are subject to the various meeting requirements of the Brown Act. Agendas for standing committees must be posted, minutes must be taken, and the meetings must be open and accessible to the public, among others. City Council 40 — 3 12/21/2021 City Council Ad Hoc Committees and Standing Subcommittees December 21, 2021 Page 4 For reference, attached is the list of appointments of councilmembers to regional boards (Exhibit 2). Next Steps There are to action items presented to the City Council: 1. The Mayor may, at his discretion, establish the Charter Review Ad Hoc Committee and appoint members to it. 2. The City Council may consider adopting a resolution establishing the Public Safety and Homelessness, and Legislative City Council Standing Subcommittees. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Establishing Certain City Council Subcommittees 2. List of Regional Appointments Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 40 — 4 12/21/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE PUBLIC SAFETY AND HOMELESSNESS CITY COUNCIL STANDING SUBCOMMITTEE AND THE LEGISLATIVE CITY COUNCIL STANDING SUBCOMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. By resolutions approved in the past, the City Council had created City Council standing subcommittees for the purpose of focusing greater City Council attention on key priorities coming before the City Council in the future. B. On September 7, 2021, the City Council adopted Resolution No. 2021-051 to establish the School Collaboration City Council Standing Subcommittee. Currently, the School Collaboration City Council Standing Subcommittee is the only established standing subcommittee of the City Council. C. The City Council seeks to establish two additional standing subcommittees: (1) the Public Safety and Homelessness Standing Subcommittee; and (2) the Legislative City Council Standing Subcommittee. Section 2. From and after the date hereof, there shall be a Public Safety and Homelessness City Council Standing Subcommittee. The purpose of the Public Safety and Homelessness City Council Standing Subcommittee is to discuss the following topics: public safety services (police and fire); homelessness; homeless services; how to provide relief to residents, business owners, and other community members relating to homelessness; impacts of homelessness on the quality of life of community member; the effects of homelessness on public safety; and any other topics related thereto. Section 3. From and after the date hereof, there shall be a Legislative City Council Standing Subcommittee. The purpose of the Legislative City Council Standing Subcommittee is to discuss the following topics: provide guidance and direction to help facilitate the City's legislative affairs efforts; make recommendations to the City Council relating to setting legislative priorities and directing legislative advocacy; making policy recommendations relating to how the City may respond to legislative actions that may affect the City; provide guidance to City staff on legislative activities; and any other topics related thereto. Section 4. The Public Safety and Homelessness City Council Standing Subcommittee and Legislative City Council Standing Subcommittee shall each consist of two (2) or three (3) councilmembers. The members on each of the standing City Council 40 — 5 12/21/2021 subcommittees shall be appointed by a majority of the entire City Council at a public meeting. Standing subcommittee members do not receive additional stipends or compensation for serving on these standing subcommittees. Each standing subcommittee member shall serve on the standing subcommittee for a two-year term commencing with the first meeting of each newly installed City Council following a general election, but each Councilmember shall continue to serve on his or her standing subcommittee until replaced. Section 5. This resolution shall take effect immediately upon its adoption by City Council and the Clerk of Council shall attest to and certify the vote adopting this resolution. ADOPTED this 21 st day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 40 — 6 12/21/2021 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021- to be the original resolution adopted by the City Council of the City of Santa Ana on December 21, 2021. Date: Clerk of the Council City of Santa Ana City Council 40 — 7 12/21/2021 CITY OF SANTA ANA 2021-22 REGIONAL BOARD MEMBERS BOARD CURRENT POSITION MEETINGS COMPENSATION / TERM MEMBER REMUNERATION EXPIRES Board Mtgs 2nd Tues of Mileage Metropolitan Water District Thai Viet Rep mo. @ 12:30 with Cmte reimbursement Board (MWD) Phan mtgs at 8 a.m.; Cmte Mtgs from MWD 4th Tues all day Nabil Saba, Quarterly the 3rd Newport Bay Watershed Executive Wednesday from 1:30-3:00 Executive Committee Director, Rep. at Irvine Ranch Water None Public Works District, 15600 Sand Canyon Ave, Irvine, 92618 Orange County Fire Jessie Lopez Rep. Every Month at 6:30 p.m. $100 per mtg.; max Requires AuthorityOFCA * $300 Resolution OC Sanitation District * Johnathan Ryan Rep. Meets once a month on the $212.50/Mtg. Max Hernandez 4th Wednesday at 6 p.m. 6/Mo. Plus mileage OC Sanitation District * Nelida Alt. Meets once a month on the $212.50/Mtg. Max Mendoza 4th Wed. at 6 p.m. 6/Mo. Plus mileage OC Vector Control District ia Cecilna Rep. Mreets on 3rd Thursday at 3 $100/Mtg. 1/2024 a Agu1 st & 3rd Wednesday at 5:30 p.m., 18700 Ward St., $221.12/ Day Max Orange County Water Nelida Rep. Fountain Valley, CA — 10 mtgs./Mo. Plus District* Mendoza Committees at various mileage $0.50 times / dates Southern California District 16 - Meets 1st $120/Mtg. Max Association of Phil Bacerra Rep. Thursday of each month, 6/Mo. Plus mileage Governments SCAG * 10 a.m. — 1:30 p.m. from City Hall Orange County Council of Meets once a month on the Governments Board of Phil Bacerra Rep. 4th Thurs. at 11 a.m. None Directors OCCOG * Orange County Council of Meets once a month on the Governments Board of Vacant Alt. 4th Thurs. at 11 a.m. Directors OCCOG * David $120/Mtg. Max Transportation Corridor Penaloza Rep. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage Nelida $120/Mtg. Max Transportation Corridor Mendoza Alt. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage City Council 40 — 8 12/21/2021 Revised 12/17/2020 Planning and Building Agency www.santa-ana.org/pb Item # 41 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update AGENDA TITLE: Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020-03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update RECOMMENDED ACTION 1. Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. PLANNING COMMISSION ACTION & BACKGROUND At its regular meeting on November 8, 2021, and after receiving public testimony on the item, the Planning Commission voted 5-2 to recommend that the City Council certify the Final Recirculated Program Environmental Impact Report No. 2020-03, including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program; approve General Plan Amendment No. 2020-06; and approve findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. City Council 41 — 1 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 2 DISCUSSION At the direction of the Mayor and City Council in late 2015, the Planning Division began efforts to complete a comprehensive update to the City's General Plan. The General Plan is a state mandated document that includes goals, policies, implementation measures and maps that will guide Santa Ana's physical growth for the next 25 years. The State of California requires every city to prepare and adopt "a comprehensive, long-term general plan for the physical development of the city, and any land outside its boundaries which is in the planning agency's judgement bears relation to its planning." The role of the General Plan is often referred to as the "Constitution of the City" as it serves as the guiding document by which all land use related decisions must be derived. The City's current General Plan (with the exception of the Housing Element) was last comprehensively adopted in 1982 and is now 39 years old. The General Plan establishes a community vision and strategies to guide growth, change and community preservation within the City, providing goals and policies to enhance, preserve and protect the unique qualities that the Santa Ana community values. The General Plan is the single -most important tool used to guide communities achieve their vision. As the General Plan is a policy document, it differs from the Zoning Code in that the Zoning Code is a regulatory implementation document which will identify specific development standards (setbacks, parking, open space etc.) for each parcel in the City. Upon adoption of the General Plan, staff will begin the process to complete a comprehensive update to the Zoning Code to implement the land use policies of the General Plan and to ensure consistency between the General Plan and Zoning Code. The comprehensive update to the General Plan document, known as "Golden City Beyond — A Shared Vision for Santa Ana," is comprised of two separate documents: • The General Plan (comprised of three Sections and 12 Elements) • Final Recirculated Program Environmental Impact Report At the Planning Commission public hearing on November 9, 2020, concern was voiced regarding the City's need to address existing and future need for park and recreation resources, environmental health concerns, and broadening the community outreach to environmental justice (EJ) communities. Through the 2021 EJ community outreach described below, and collaboration with community serving organizations, neighborhood leaders, and interests parties; a number of Draft General Plan (August 2021) policies and programs were modified. These modifications, minor corrections to text and maps, and refinement to better align general plan land use density/ intensity with existing zoning were provided at the November 8, 2021 Planning Commission public hearing, and incorporated into the December 2021 Draft General Plan. Exhibit 4 provides additional Clarifications to the General Plan to align general plan land use intensity with the existing zoning. City Council 41 — 2 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 3 Community Engagement The City's General Plan is a community -wide vision document that is intended to address and respond to community needs. As such, the comprehensive update to the General Plan required staff to advertise and educate community members about the process to as wide an audience as possible. Over the past six years, an extensive public outreach campaign was conducted to meaningfully engage the public and gather feedback and direction to create the vision for the future of Santa Ana and guide the update of the plan. These public outreach efforts included: • Over 60 community meetings and workshops • Individual community workshops within each of the five Focus Areas with over 300 residents, business leaders, and community stakeholders participating in the workshops. • Distribution of an online community survey with over 650 respondents to collect input on the content of the General Plan • Approximately 44,000 direct mailers sent to property owners and tenants in Focus Areas • Development of a multi lingual videos on the General Plan Update • A dedicated webpage (santa-ana.org/general-plan) with continuous updates on the General Plan update process and related documents as well as information about Environmental Justice. Also includes an online web learning tool with a narrated presentation to help educate and increase awareness on Environmental Justice issues. • Presentations at neighborhood Communication Linkages (Com-Link) meetings • Meetings with Environmental Justice groups and roundtables (Madison Park Neighborhood Association, Logan Neighborhood Association, Artesia-Pilar Neighborhood Association, Orange County Environmental Justice) • Attendance at approximately 100 CARES events (in neighborhoods and evening City Park events) from late -August through the end of October within Environmental Justice communities to discuss the General plan update with residents • Planning Commission study sessions, most recently on April 12th, August 9th, August 23rd and September 13th • City Council study sessions • One-on-one meetings with the Planning Commission and City Council General Plan Advisory Grou Following direction from the City Council in 2015 to comprehensively update the General Plan, a 17-member General Plan Advisory Group (GPAG) was established to provide guidance to City staff and the consultant team early in the process. Building on the feedback City Council 41 — 3 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 4 from the prior community outreach, the GPAG was critical in developing goals and policies that would serve as the foundation of the General Plan elements. The GPAG was also tasked with functions such as formulating a community vision, identifying area -wide and community -wide land use planning issues, and prioritizing economic development activities. The GPAG was comprised of representatives from various commissions, residents, business owners, interest groups, youth and property owners to represent the community's interests. The GPAG held several meetings through 2016, providing direction to staff on key matters that are now embodied in the updated General Plan. Environmental Justice Focus As directed by Planning Commission public hearing on November 9, 2020, additional outreach was conducted to further provide Santa Ana's disadvantaged communities, or "environmental justice (EJ) communities", an opportunity to share their experiences and and issues regarding environmental health and quality of life. Thus, Planning staff facilitated a multi -faceted outreach campaign during January through May 2021. The campaign began with the gathering of a General Plan Outreach Roundtable, with representatives from community serving organizations, neighborhood associations, and local stakeholders providing ideas and feedback on tools and strategies that could be used to effectively engage as many community members as possible. This effort included a multilingual EJ Survey (electronic and hard copy), which was publicized on various social media platforms, neighborhood yard signs, and collaboration with community groups and neighborhood leaders. Ten virtual community forums were held due to COVID-19; each focusing in on listening to the lived experiences of residents, property owners, and community stakeholders within specific geographic areas in the city that are identified as "EJ communities." Trilingual (English, Spanish and Vietnamese) flyers encouraging participation in the 10 community forums and EJ survey were mailed to over 40,000 property owners and residents/occupant within Santa Ana's EJ communities. Finally, in August 2021 one in -person EJ forum was held to share the results of the EJ survey and proposed general plan policy and program refinements, as well as to host a panel discussion with local EJ "champions" such a Madison Park, OCEJ and the Orange County Water District. PROPOSED 2020-2045 GENERAL PLAN — SANTA ANA: GOLDEN CITY BEYOND Development of Core Values A variety of community issues and considerations were identified through the different community outreach activities. With this community input, and with the input of the GPAG, a Draft General Plan Policy Framework was created in December 2018. Included within the Framework was a set of Community "Core Values" that were created to collectively reflect the voice of the Santa Ana community and to express its environmental justice principals. These Core Values: Health, Equity, Sustainability, Culture and Education, serve as the City Council 41 — 4 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 5 foundation of the goals, policies and implementation items found throughout the General Plan Elements. Community Vision Statement Through a robust dialogue with the community, including residents, business and property owners, and other interested citizens, a long-term General Plan Vision Statement was crafted. This Vision Statement is not only the foundation for the updated General Plan, but also for all long-term decision making in the City. The Vision Statement memorializes the community's aspirations and describes the "Santa Ana — Golden City Beyond" as embracing the following principles: • Protect and enhance our cultural and community assets • Create a land use pattern that promotes healthy and active lifestyles • Ensure equitable outcomes and land use distributions • Create a sustainable and livable city • Promote lifelong education and prosperity Format and Content of the General Plan The proposed General Plan is a comprehensive update and reorganization of the current General Plan Document, with the exception of Housing Element. The Housing Element is on a State mandated eight -year cycle and is being updated independently of this effort to comply with State law. The State mandated elements (Land Use, Circulation, Open Space, Conservation, Noise, Safety and Housing) and optional elements are organized into three Sections: • Services and Infrastructure (Section 1) o Community Element o Mobility Element o Economic Prosperity Element o Public Services Element • Natural Environment (Section 11) o Conservation Element o Open Space Element o Noise Element o Safety Element • Built Environment (Section III) o Land Use Element o Historic Preservation Element o Housing Element (Undergoing standalone update process) o Urban Design Element City Council 41 — 5 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 6 Senate Bill 1000 was signed into law in 2016 requires cities to identify "environmental justice" or "disadvantaged communities" within their jurisdiction as part of the general plan process. This law has several purposes, including facilitating transparency and public engagement in local governments' planning and decision -making processes, and to identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities that prioritize improvements and programs to address the needs of disadvantaged communities. It also requires that cities promote equitable access to health - inducing benefits, such as healthy food options, housing, public facilities, and recreation. Given that the environmental justice issues touches all aspects and all elements of the General Plan, it was determined early in the process that the best fit for the City is to incorporate environmental justice policies woven into the fabric of the various Elements. To identify for the public and the reader, a unique identifying logo consisting of a colored tile with the letters "Eq" in the center and "EX in the upper right corner has been incorporated into the various General Plan policies and implementation measures that address environmental justice concerns in the City. Additionally, the City prepared optional elements based on the input from the community to address special and unique community priorities. These elements include the Community, Economic Prosperity, Public Services, Historic Preservation, and Urban Design elements. Outlined below is an overview of the 11 Elements that are being updated, excluding the Housing Element as mentioned previously: Community Element. The Community Element is a new element of the Santa Ana General Plan. The element reinforces the city's values of recreation, culture, education, health and wellness, and cultivates opportunities for improved quality of life for all residents. The goals and policies of this element can be realized through partnerships with local agencies and organizations on facilities, activities and events throughout Santa Ana This Element functions in tandem with other elements of the General Plan, such as Open Space, which contains policies related to parks and recreation facilities. Several plans and programs implemented by the City and other agencies and organizations overlap with the goals and policies of this Element, such as the Community Arts and Culture Master Plan, which establishes goals and strategies on topics such as cultural equity, infrastructure for the arts, communitywide access, youth programming, and place making. There are 3 goals, 28 policies and 18 implementation items associated with this element. This element is not mandated by State law and is an optional element. Mobility Element. The Mobility Element, known as the Circulation Element in the current General Plan, is the City's blueprint for moving people, goods, and resources throughout the community. Moving beyond mere functionality, the City seeks to improve the quality of life in Santa Ana by providing more complete streets, offering ways to be more active, City Council 41 — 6 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 7 and conserving natural resources. In planning the City's transportation system for the 21 st Century, the City is also making the community safer, more affordable, and more livable. Santa Ana envisions a balanced multimodal transportation system that supports community values. These values include a vibrant local economy, healthy neighborhoods, health and wellness, and an attractive environment. Context sensitive design solutions strengthen the livability, vitality and safety of our neighborhoods, districts, and corridors. There are 5 goals, 46 policies and 45 implementation items associated with this Element. This Element is one of the State mandated elements. Economic Prosperity Element. The Economic Prosperity Element, identified as the Economic Development in the existing General Plan, will ensure Santa Ana's local economy. The Element defines Santa Ana's role in the broader regional economy, expands, maintains, and enhances job opportunities, attracts and retains a balance of business types, provides sufficient revenue for public services, and contributes to the overall quality of life experienced by the City's residents. The goals and policies of this Element will inform and guide decisions across local government. The City intends that its allocation of resources, the operation of its agencies, and the application of its regulatory authority will grow and diversify the local economy. The City further intends that local economic growth and diversification will reduce poverty, increase overall prosperity, improve health and wellness outcomes, expand housing opportunities, and increase quality of life choices available to City residents. There are 4 goals, 39 policies and 31 implementation items associated with this Element. This Element is not a State mandated element. Public Services Element. The Public Services Element, identified as the Public Facilities Element in the current General Plan, provides Santa Ana's diverse population with quality services and infrastructure, including accessible public facilities and enhanced public safety. Anticipated growth will require the City to fulfill community needs and to ensure proper management of those needs. It is important that public facilities and services are equitably distributed and maintained at sustainable levels throughout the community. A wide range of City entities and external agencies work closely together to provide the full spectrum of services and facilities. There are 3 goals, 38 policies and 40 implementation items associated with this element. This Element is an optional General Plan Element. Conservation Element. The protection and management of Santa Ana's air, water, and energy resources are essential for a healthy, sustainable and equitable path forward. Additionally, the preservation of the remaining stretches of undisturbed plant and wildlife environment, such as in Santiago Park, is important to residents. City Council 41 — 7 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 8 The Conservation Element identifies the community's natural resources and illustrates the benefits for retention, enhancement, and development of these resources towards improving quality of life and the environment as a whole. This Element will guide the City in its efforts to prioritize sustainability and enhance the environment for current and future generations. The Core Values reinforce the City's commitment to enable all persons to enjoy equal access to healthy environments, healthy food, parks and recreational facilities, and civic engagement opportunities. However, the City recognizes that throughout Santa Ana's communities, some bear a disproportionate burden of pollution and associated health risks. As a result, this element also addresses environmental justice issues within disadvantaged communities, which aims to correct inequity by reducing pollution and increasing public investment in the communities most affected while ensuring their participation and input is considered in decision making -process. There are 4 goals, 39 policies and 39 implementation items associated with this element. This Element is a State mandated Element Open Space Element. Open space is a limited and valuable resource, providing multiple benefits to those living and working in Santa Ana. Open space provides a place of relaxation and reprieve from the urban environment. Open space also offers places to gather, celebrate, learn or exercise, whether alone, with friends or family, or with other members of the community. Open space is so important that its presence or absence can profoundly shape the physical, social, mental and economic health, and overall well- being of the community. The purpose of the Open Space Element is to identify and preserve open space areas that provide value to the community and enrich the quality of life. Such lands or waters provide value in the form of recreation, health, biodiversity, wildlife conservation and aesthetics. Additionally, open spaces are used for climate change, mitigation and adaption, flood risk reduction, managed natural resources production, agricultural production, and protection from hazardous conditions. The Open Space Element will guide the City in its efforts to plan for open space and public parklands in what is largely a built -out, urban environment. Through this element, opportunities for capturing additional open space and public parkland standards in the City is discussed. There are 3 goals, 36 policies and 32implementation items associated with this Element. This Element is a State mandated element. Noise Element. The purpose of the Noise Element is to appraise noise levels in the community, prepare noise contours to guide land use decisions, and establish measures that address current and future noise impacts. This Element works to ensure that the City limits the exposure of the community to excessive noise levels in noise -sensitive areas and at noise -sensitive times of day. This Element works in tandem with other Elements of the General Plan, such as the Mobility Element, which contains policies related to the mitigation of transportation related noise. City Council 41 — 8 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 9 There are 3 goals, 10 policies and 20 implementation items associated with this Element. This Element is one of the State mandated elements. Safety Element. The Safety Element combines the Public Safety and Seismic Safety elements of the existing General Plan into one document. Public health and safety and protection from the risks of natural and human -induced disasters, emergencies, and hazards are vital in establishing a safe and healthy environment for Santa Ana's residents, workers, and visitors. The purpose of the Safety Element is to eliminate and minimize risks associated with natural and human -generated hazards such as floods, earthquakes, and hazardous materials. By assessing and preparing for levels of risk, the City can endure the range of safety hazards and adapt to changes over time. This Element works in tandem with other elements of the General Plan, such as the Public Services Element, which contains goals and policies related to police, fire, and health services, as well as emergency planning and resiliency. There are 4 goals, 24 policies and 27 implementation items associated with this Element. This is a State mandated element. Historic Preservation Element. The Historic Preservation Element is a new element of the Santa Ana General Plan. Santa Ana was incorporated as a city in 1886 and designated the County seat in 1889. Historic preservation of the City's cultural and architectural heritage is an essential part of the City's economic vitality and identity. Residents take pride in the architectural heritage of the City, including its historical buildings and unique neighborhood character. Sites such as the Old Orange County Courthouse, Pacific Substation, Yost Theatre, and the Spurgeon Building reflect the City's rich cultural history and architectural diversity. The purpose of the Historic Preservation Element is to provide guidance in developing and implementing activities that ensure that identification, designation and protection of architectural, historical, cultural and archaeological resources are part of the City's planning, development and permitting processes. Through historic preservation policies and programs, Santa Ana's heritage and diversity will continue to be a source of community pride. There are 3 goals, 21 policies and 28 implementation items associated with this Element. This is an optional element of a General Plan. Land Use Element. The Land Use Element provides a long-range guide for the physical development of the City, reflecting the community's vision for a high quality of life. This Element guides the distribution, location, and size of new development, ensuring that residential neighborhoods are protected, and future growth is sustainable and minimizes potential conflicts. Through its focus on the pattern of land use, this element is also a tool to promote public health, reduce infrastructure costs, enhance local economies, and address long-term environmental issues such as air quality, climate change and water resources. City Council 41 — 9 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 10 The development, use and distribution of land are critical to achieving the City's vision and adhering to the Core Values. As stewards of the land, the City must plan for uses and development that creates a sustainable, healthy and livable City, ensures equitable outcomes and land use distributions, protects and enhances cultural and community assets, and provides opportunities for growth and prosperity. As in other cities, land is a finite and valuable resource. Its use dictates the City's economic and fiscal future. The Land Use Element preserves existing neighborhoods by directing new growth to major corridors and avoids land use changes in existing established neighborhoods. The five growth areas are identified as Focus Areas, and include: South Main Street, Grand /Seventeenth Street, West Santa Ana Boulevard (adjacent to the OC Streetcar line), 55 Freeway/Dyer Road, and South Bristol Street. The proposed Land Use Element will connect existing planning areas in the City (Transit Zoning Code, Harbor Boulevard Mixed -Use Corridor, Metro East Mixed Use Overlay Zone, etc.,) with the five proposed Focus Areas. Within these Focus Areas, the City anticipates the most potential for major development. A list of the parcels proposed for General Plan land use designation changes are included in Exhibit 7. There are 4 goals, 42 policies and 58 implementation items associated with this element. This is one of the State mandated elements. Urban Design Element. Urban design is the process of shaping the physical character and organization of the City and defining the relationship between people and their environment. It respects the history of a place, considers existing organizational patterns and the form and character of existing buildings, supports healthy outdoor spaces, and is mindful of the natural environment. These considerations unite to define a distinct visual quality and sense of place that reflects community values. The Urban Design Element establishes the long-range vision for the physical development, visual qualities, and sensory experience of the City. This Element, in coordination with other elements of the General Plan, orchestrates a safe, functional and aesthetically pleasing urban environment. Specifically, the Urban Design Element addresses the public realm, building form, and establishes programs and measures to improve the physical setting in which community life takes place while curtailing obsolete, dysfunctional, and chaotic development. There are 7 goals, 50 policies and 30 implementation items associated with this Element. This is an optional element of the General Plan. City Council 41 — 10 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 11 ENVIRONMENTAL IMPACT California Environmental Quality Act (CEQA) Draft Programs Environment Impact Report (August 2020) The comprehensive update to the General Plan required extensive environmental review. Pursuant to the California Environmental Quality Act (CEQA), and after completion of the Initial Study for the project, it was determined that CEQA required the preparation and certification of a Program Environmental Impact Report (PEIR) for this project. The purpose of a PEIR is to identify and disclose the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the way those significant effects can be mitigated or avoided. To determine what potential effects would be caused by the project, the Draft PEIR analyzes issues related to: Aesthetics; Air Quality; Biological Resources; Cultural Resources; Energy; Geology and Soils; Greenhouse Gas Emissions; Hazard and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Noise; Population and Housing; Public Services; Recreation; Transportation; Tribal Cultural Resources; and Utilities and Service Systems. The Draft PEIR also studies alternatives to the General Plan Update, as well as direct and indirect impacts resulting from construction and operation of the proposed project. The original Draft PEIR (August 2020) for the General Plan Update (GPU) was prepared and distributed for the required 45-day public review between August 3, 2020, and September 16, 2020. However, due to community request for additional time to review the document, the comment period was extended by an additional 20 days to October 6, 2020. At the public hearing on November 9, 2020, the Planning Commission voted to continue the consideration of the GPU and the certification of the Final PEIR (October 2020) to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities. Recirculated Draft Program Environmental Impact Report (August 2021) In 2021, the City initiated an expanded outreach program focusing on environmental justice and specific community concerns raised in comments received. Pursuant to Draft PEIR comments, the Planning Commission public hearing, and the expanded community outreach program, the City made the decision to prepare a Recirculated Draft PEIR. The Recirculated document concluded that the recreation -related impacts of the proposed GPU would result in a significant impact and defined a new project alternative to reduce these impacts. It also further discussed and evaluated impacts related to environmental justice, including air quality, hazards, and recreation/open space. Consistent with CEQA Guidelines Section 15088.5, the Recirculated Draft PEIR does not need to include all the topical CEQA sections from the original Draft PEIR. Rather, the Recirculated Draft PEIR (August 2021) updates and supplements only the three topical City Council 41 — 11 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 12 environmental topics of Air Quality, Hazards, and Recreation. The Recirculated Draft PEIR also includes an updated/supplemented Project Alternatives chapter containing a new Reduced Park Demand Alternative to reduce the significant recreation impacts associated with the proposed GPU, as well as an additional mitigation measure and reference to General Plan policy and implementation action refinements. The Recirculated Draft PEIR incorporates the previous Draft PEIR by reference, as appropriate. In particular, the previous Draft PEIR document and its appendices are referenced for long and/or technical descriptions of the environmental setting that remain applicable to the updated GPU. Three project alternatives were analyzed within the Final PEIR (October 2020) document. These included a no project alternative, where the existing General Plan document would remain in effect (Alternative 1); a reduced intensity alternative with two focus areas (55 Freeway/Dyer Road and South Bristol Street) would be reduced to approximately 50 percent of the maximum densities allowed by their respective land use designation (Alternative 2); and build out of the site to be consistent with the Southern California's Association of Regional Government's (SCAG) RTP/SCS projections, which could result in an approximate 75 percent reduction in both the number of allowable units and commercial/industrial square footage (Alternative 3). The Recirculated Draft PEIR (August 2021) introduces a reduced park demand project (Alternative 4) that reduces residential growth by 11,225 units by eliminating or reducing residential land uses and intensity in the five focus areas. Overall, nonresidential square footage would be reduced by a total of approximately 2.8 million square feet within the focus areas compared to the proposed GPU. New residential growth under this alternative would largely be in currently planned areas that are generally near a number of existing park facilities, with some residential growth would be introduced into two focus areas at substantially lower intensities to reduce the potential impact on park facilities. As required, the Draft Recirculated PEIR (August 2021) was circulated for public review between August 6, 2021 and September 20, 2021, with the Notice of Availability (NOA) instructing reviewers to only submit comments on the three revised chapters included in the Recirculated Draft PEIR. The comments in the original Final PEIR adequately address comments received on portions of the Draft PEIR that have not been recirculated. During the review and comment period, staff held a public hearing to receive comments on the Draft Recirculated PEIR and a work-study session with the Planning Commission on September 13, 2021. The Draft PEIR (August 2020), Final PEIR (October 2020), and Final Recirculated PEIR including all report appendices, are posted on the City's website. https://www.santa- ana.org/general-plan The City has evaluated the comments received from persons and agencies for both the Draft PEIR (August 2020) and Recirculated Draft PEIR (August 2021), and completed City Council 41 — 12 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 13 detailed Response to Comments, revisions to the Draft documents including clarifications and/or corrections to typographical errors, and a Mitigation Monitoring and Reporting Program (MMRP). The MMRP contains mitigation measures to address impacts to air quality, cultural resources, geology and soils, greenhouse gas emissions, noise, tribal cultural resources, and recreation. The response to comments, MMRP and Final PEIR were published on November 2, 2021 for public review. The Draft PEIR (August 2020) and Draft Recirculated PEIR (August 2021) responses to comments document, revisions to the Draft PEIR, and the MMRP constitute the Final PEIR for the project. The Final Recirculated PEIR identifies six significant and unavoidable impacts associated with this project, which pertain to Air Quality, Cultural Resources, Greenhouse Gas Emissions, Noise, Population and Housing, and Recreation. City of Santa Ana is within the South Coast Air Basin (Basin). Air quality in the Basin is already significantly impacted and even without any new projects, air quality issues are beyond mitigation. The impact to air quality as a result of General Plan implementation falls into two categories: Operational Emissions impacts which are project specific and cumulative; and Localized Criterial Pollutant and Toxic Air Contaminants JAC) Impacts which are related to increased density and proximity of residential land uses to transit and commercial centers. Cultural Resource impacts result from the proposed General Plan allowing development in areas that have historic resources identified by previous cultural resource surveys, with development in these areas potentially causing the disturbance of historic resources in the plan area. Greenhouse gas emissions (GHG) impacts are project specific and cumulative. They are attributed to ongoing operational impacts of potential future businesses. The threshold for GHG would exceed established ratios thresholds under Executive Order S-03-05. Noise impacts are also project specific and cumulative. They are attributed to ongoing operational impacts of potential future businesses, as well as the location of sensitive receptors in relationship to noise generating activities. Further, buildout of the General Plan update would expose residents to projects generating traffic noise. Population and housing impacts associated with the General Plan buildout related to the anticipated growth both in population and housing units would exceed the Orange County Council of Government projections by up to 38 percent, with no feasible mitigation measure to address the issue. Finally, Recreation impacts from the proposed General Plan may result in substantial physical deterioration of recreational resources and the need to construct or expand City's public parks and recreational facilities to address existing and future demand. City Council 41 — 13 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 14 CEQA allows lead agencies to approve projects despite having significant and unavoidable impacts by adopting a statement of overriding considerations. A statement of overriding considerations documents the reasons why an agency chose to approve a project despite its significant and unavoidable impacts based on range of balancing factors, including economic, legal, social, technological, or other benefits conveyed by project. City staff is recommending adoption of a statement of overriding consideration for the General Plan and its implementation actions. In this instance, the economic, social, and other benefits of the General Plan implementation collectively outweigh the significant and unavoidable impacts noted above. Such benefits include the implementation of policies and programs preserving and enhancing community character, increasing community sustainability, providing high -quality and diverse housing opportunities, increasing economic vitality via new and business creation, supporting technological advancements, and maintaining compliance with current law. The acceptance of the noted significant and unavoidable impacts does not mean the City will forego efforts to mitigate the impacts to extent feasible. In addition, future projects will be subject to the discretionary review procedures through which the City will consider project specific environmental impacts and/or subject to regulations to offset impacts. As these reviews occur, decision makers will be updated on the status of application mitigation measures when making decision on such projects. Public notices for the City Council public hearing were mailed to interested parties, as well as property owners and occupants/tenants in the five Land Use Focus Area and a 500-foot radius from the Focus Area boundaries. In addition, a newspaper posting was published in the Orange County Reporter on November 26, 2021. Airport Land Use Commission Review The proposed changes to the Land Use Element to adopt the South Bristol and the 55 Freeway/Dyer Road Focus Areas required the General Plan update to be presented to the Airport Land Use Commission (ALUC) for a determination of consistency with their Airport Environs Land Use Plan (AELUP). On October 15th, 2020 the ALUC determined that the General Plan update conflicts with the goals and objectives of the AELUP and voted 5:0 to find the General Plan update inconsistent with their plan. As a result, on October 16th, 2020, at a special City Council meeting, the Council directed staff to file a Notice of Intent to Overrule the ALUC's determination. The draft City Council resolution for overruling the ALUC's determination has been attached at Exhibit 8. Based on the analysis provided within this report, staff recommends that the City Council certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and City Council 41 — 14 12/21/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 15 adoption of a Mitigation Monitoring and Reporting Program; and adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. FISCAL IMPACT There is no fiscal impact associated with approval of this action. EXHIBIT(S) 1. EIR Resolution, including Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program (MMRP) 2. General Plan Amendment Resolution 3. General Plan 2045 — Santa Ana Beyond Link (December 2021) 4. Clarifications to Draft General Plan 5. Final Recirculated Environmental Impact Report Link 6. Planning Commission staff report, exhibits, presentation, and written public comments of November 8, 2021 are incorporated herein by reference and can be viewed at the following link: Item - PrimeGov Portal 7. List of Parcel with General Plan Land Use Designation Changes 8. Orange County Airport Land Use Commission Override Resolution Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 41 — 15 12/21/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN UPDATE, (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE GENERAL PLAN UPDATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) APPROVING THE PROJECT WHEREAS, the City of Santa Ana seeks to approve the City of Santa Ana General Plan Update; and WHEREAS, the General Plan Update identified the following five focus areas for potential change and new growth: South Main Street, Grand Avenue/17th Street, West Santa Ana Boulevard, 55 Freeway/Dyer Road, and South Bristol Street; and WHEREAS, the total long-term potential growth within these focus areas is estimated at 17,575 new housing units, 2,263,130 non-residential building square footage, and 6,616 jobs; and WHEREAS, the General Plan Update ("project") requires, among other things: (1) adoption of the Santa Ana General Plan Update; (2) certification of a Final Recirculated Program Environmental Impact Report; (3) adoption of Findings of Fact and Statement of Overriding Considerations; (4) adoption of the Mitigation Monitoring and Reporting Program; and (5) adoption of any ordinances, guidelines, standards, programs, actions, or other mechanisms that implement the Santa Ana General Plan update; and WHEREAS, pursuant to Section 21067 of the Public Resources Code, and CEQA Guidelines Section 15367, the City of Santa Ana is the lead agency for the project; and WHEREAS, in accordance with CEQA Guidelines Section 15063(a), the City as lead agency determined that a program EIR was required for the project, and therefore did not prepare an initial study; and WHEREAS, pursuant to CEQA Guidelines Section 15082, on February 26, 2020, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation —which was also published in the Orange Resolution No. 2021-XXX Page 1 of 7 City Council 41 — 16 12/21/2021 County Register, a newspaper of general circulation in the City of Santa Ana —stating that an environmental impact report would be prepared; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed scoping meeting on March 5, 2020, to solicit comments on the scope of the environmental review of the proposed project; and WHEREAS, a Draft Program Environmental Impact Report ("Draft PEIR") (State Clearinghouse No. 2020029087) was prepared for the proposed project addressing comments received in response to the Notice of Preparation and evaluating the proposed project's potentially significant environmental impacts; and WHEREAS, the Draft PEIR identified five significant and unavoidable impacts associated with the project that pertain to Air Quality, Cultural Resources, Greenhouse Gas Emissions, Noise, and Population and Housing; and WHEREAS, the Draft PEIR further determined that the proposed project would require mitigation related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, noise, and tribal cultural resources; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Draft PEIR was circulated for review and comment to the public, City Council, Planning Commission, local, regional and state agencies, and interested parties for a 45-day review period, from August 3, 2020, to September 16, 2020, a period that was extended thereafter to October 6, 2020; and WHEREAS, the City released the Final PEIR, which consists of the Draft PEIR, all technical appendices prepared in support of the Draft PEIR, all written comment letters received on the Draft PEIR, errata to the Draft PEIR and technical appendices; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Final PEIR and General Plan Update, at which the Planning Commission voted not to certify the Final PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities and in view of the COVID-19 pandemic; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR") was prepared as a supplemental analysis to the original Draft PEIR to reflect updates to the project and based on an intensive, extended Resolution No. 2021-XXX Page 2of7 City Council 41 — 17 12/21/2021 community outreach program conducted by the City between January and May 2021; and WHEREAS, the Recirculated Draft PEIR provided an update of the project description, and environmental setting and impact analyses for Air Quality, Hazards, and Recreation; incorporated a new alternative; and identified an additional significant unavoidable adverse environmental impact that pertains to Recreation; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Recirculated Draft PEIR was circulated for a 45-day public review period, from August 6, 2021, to September 20, 2021; and WHEREAS, during the public comment period, copies of the Recirculated Draft PEIR were available for review and inspection at City Hall, on the City's website, and at the Santa Ana Public Library; and WHEREAS, during the public comment period, Planning Commission work- study sessions were held on August 9, 2021 and August 23, 2021, and a public hearing held on September 13, 2021; and WHEREAS, during the public comment period, the City consulted with and received comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to CEQA Guidelines Section 15086; and WHEREAS, on November 2, 2021, the City released the Final Recirculated PEIR, attached hereto as Exhibit A, which consists of the Recirculated Draft PEIR, all technical appendices prepared in support thereof, all documents incorporated by reference (including the Final PEIR), all written comment letters received on the Recirculated Draft PEIR, written responses to all written comment letters and verbal comments received on the Recirculated Draft PEIR, revisions to the Recirculated Draft PEIR and technical appendices, and the Mitigation Monitoring and Reporting Program; and WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, at which hearing members of Resolution No. 2021-XXX Page 3of7 City Council 41 — 18 12/21/2021 the public were afforded an opportunity to comment and the project was fully considered; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the Final Recirculated PEIR; and WHEREAS, as contained herein, the City Council has endeavored in good faith to set forth the basis for its decision and recommendations on the project; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the Final Recirculated PEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the project have been adequately evaluated; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the project, which are incorporated herein by this reference, and not based solely on the information provided in this Resolution; and WHEREAS, the City Council finds that the project's environmental impacts that are less than significant without implementation of project -specific mitigation measures, as identified in the Final Recirculated PEIR, are described in Section IV of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the project's impacts that, without mitigation, would result in significant adverse impacts, and that upon implementation of the mitigation measures provided in the Final Recirculated PEIR, would be considered less than significant, are described in Section V of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the project's impacts that, even with mitigation measures, would remain significant and unavoidable are described in Section V of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the reasonable alternatives to the project are described in Section VI of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the project outweigh the unavoidable significant environmental effects is described in Section VII of the Findings of Fact, attached hereto as Exhibit B; and Resolution No. 2021-XXX Page 4 of 7 City Council 41 — 19 12/21/2021 WHEREAS, all the mitigation measures identified in the Final Recirculated PEIR and necessary to reduce the potentially significant impacts of the project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit C; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Final Recirculated PEIR and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final Recirculated PEIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed project; and WHEREAS, no comments made in the public hearing conducted by the City Council and no additional information submitted to the City have produced substantial new information requiring recirculation of the Final Recirculated PEIR or additional environmental review of the project under Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The City Council hereby finds that it has been presented with the Final Recirculated PEIR, which it has reviewed and considered, and further finds that the Final Recirculated PEIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment and analysis of the City, acting as lead agency for the project. Section 3. The City Council declares that no evidence of new significant impacts or any new information of "substantial importance," as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Final Draft Recirculated PEIR that would require recirculation of the PEIR. Resolution No. 2021-XXX Page 5 of 7 City Council 41 — 20 12/21/2021 Section 4. The City Council hereby: A. Certifies the Final Recirculated PEIR based on the entirety of the record of proceedings. B. Adopts the Findings of Fact and Statement of Overriding Considerations, attached hereto and incorporated herein as Exhibit B, after balancing the significant and unavoidable air quality, cultural resources, greenhouse gas emissions, noise, recreation, and population and housing impacts of the proposed project against the benefits of the proposed project. C. Adopts the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit C, consistent with Public Resources Code Section 21081.6; makes implementation of the mitigation measures in the Mitigation Monitoring and Reporting Program a condition of approval of the project; and finds that in the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. D. Approves the project, based upon the entire record before it, including the Final Recirculated PEIR, Findings of Fact and Statement of Overriding Considerations, and all written and oral evidence presented. E. Directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council's final project approval. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:! John M. Funk Sr. Assistant City Attorney Resolution No. 2021-XXX Page 6 of 7 City Council 41 — 21 12/21/2021 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX Page 7of7 City Council 41 — 22 12/21/2021 EXHIBIT All materials for Exhibit A may be accessed at: https://www.santa-ana.org/general- plan/general-plan-environmental-documents and are also on file and available at the City's Planning and Building Agency. City Council 41 — 23 12/21/2021 Exhibit B CEQA FINDINGS OF FACT FOR THE SANTA ANA GENERAL PLAN UPDATE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT City of Santa Ana STATE CLEARINGHOUSE NO. 2020029087 INTRODUCTION The California Environmental Quality Act ("CEQA") requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report ("EIR") prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. Santa Ana General Plan Update CE Of v iri g �oFactanStatement41 — 24 12L211202� i in nsiderations -1- c o er 021 (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta ll).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001 ["an alternative 'may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record"'].) An alternative may also be rejected because it "would not 'entirely fulfill' [a] project objective." (Citizens for Open Government v. City of Lodi (2012) 205 Cal.AppAth 296, 314-315.) "[l=]easibility" under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta Il, supra, 52 Cal.3d at p. 576.) When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides: Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 25 12/' / 021 Of v ri ing onsiderations -2- UCtODer 2021 (a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Having received, independently reviewed, and considered the Draft Program Environmental Impact Report ("Draft PEIR"), the Final Program Environmental Impact Report ("Final PEIR), the Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR"), and the Final Recirculated Program Environmental Impact Report ("Final Recirculated PEIR") for the Santa Ana General Plan Update, SCH No. 2020029087 (collectively, the "PEIR"), as well as all other information in the record of proceedings on this matter, the following Findings of Facts ("Findings") are hereby adopted by the City of Santa Ana ("City") in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Santa Ana General Plan Update ("Proposed Project"). This action includes the certification of the following: ■ Santa Ana General Plan Update Program Environmental Impact Report, SCH No. 2020029087 A. DOCUMENT FORMAT These Findings have been organized into the following sections: 1) Section I provides an introduction. 2) Section II provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. Santa Ana General Plan Update CE 1 i i5 4 FactanStatement41 — 26 12//2 11 / 0211 Of ve � ri ing onsiderations -3- October 2021 3) Section III provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section IV sets forth findings regarding the environmental impacts that were determined to be —as a result of the Notice of Preparation (NOP) and consideration of comments received during the NOP comment period —either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed project. 5) Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the PEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program ("MMRP") for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. Section V also includes findings regarding those significant or potentially significant environmental impacts identified in the PEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section VI sets forth findings regarding alternatives to the proposed project. 7) Section VI sets forth the statement of overriding considerations for the proposed project. 8) Section VIII sets forth the resolution regarding certification of the PEIR 9) Section IX sets for the resolution adopting a mitigation and monitoring plan for the proposed project. 10) Section X sets for the resolution regarding custodian of records for the proposed project. B. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The Draft PEIR for the proposed project ■ The Recirculated Draft PEIR Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 27 12L21t/?b02� i in nsiderations -4- c o er 021 ■ The Final PEIR for the proposed project ■ The Final Recirculated PEIR for the proposed project including the Updated Draft PEIR (Volume II and III of the Final Recirculated PEIR) ■ All written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft PEIR, Recirculated Draft PEIR, Final PEIR and Final Recirculated PEIR ■ The Resolutions adopted by the City of Santa Ana in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Santa Ana, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Santa Ana Planning Division Counter. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Santa Ana Planning Division, 20 Civic Center Plaza, M-20, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 28 12/' / 021 Of v ri ing onsiderations -5- 6ctoDer 2021 Santa Ana, CA 92701. The City's Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division Counter. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 29 12/' / 021 Of v ri ing onsiderations -6- 6ctoDer 2021 II. PROJECT SUMMARY A. PROJECT LOCATION Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of Newport Beach. Orange County is surrounded by the counties of Los Angeles, San Bernardino, Riverside, and San Diego and is one of six counties comprising the Southern California Region. Santa Ana is bordered by Orange and unincorporated areas of Orange County to the north, Tustin to the east, Irvine and Costa Mesa to the south, and Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel in its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. Regional access to the city is provided by the Garden Grove Freeway (SR-22) and the Orange Freeway (SR-57) on the north, the Santa Ana Freeway (1-5) on the northeast, the Costa Mesa Freeway (SR-55) on the east, and the San Diego Freeway (1-405) on the south. B. PROJECT DESCRIPTION In March 2014, the City Council adopted the Santa Ana Strategic Plan. The Strategic Plan was the result of an extensive community outreach process and established specific goals, objectives, and strategies to guide the City's major efforts. One of the key strategies identified was to complete a comprehensive update of the existing General Plan. The General Plan Update (GPU) will provide long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045. The General Plan Update will identify areas of opportunity and provide options to enhance development potential in key areas of the city. It will also bring the city into compliance with recent State laws, reflect current conditions, and incorporate input from the general public, City staff, and other stakeholders. The proposed GPU is organized into three sections: I, Services and Infrastructure; 11, Natural Environment; and III, Built Environment. The proposed GPU addresses the eight topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements of the general plan. The 12 proposed elements of the GPU will replace the 16 elements of the current General Plan. The GPU will incorporate the current 2014-2021 housing element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in early 2022 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed General Plan update are: Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 30 12L2112b02� i in nsiderations -7- c o er 021 Mandatory Topics ■ Land Use Element ■ Circulation Element ■ Housing Element ■ Open Space Element ■ Conservation Element ■ Safety Element ■ Noise Element Optional Topics ■ Public Services Element ■ Urban Design Element ■ Community Element ■ Economic Prosperity Element ■ Historic Preservation Element The proposed GPU is comprehensive both in its geography and subject matter. It addresses the entire territory within the plan area's boundary and the full spectrum of issues associated with management of the plan area. The GPU also includes forecasts of long-term conditions and outlines development goals and policies; exhibits and diagrams; and the objectives, principles, standards, and plan proposals throughout its various elements. The GPU can be found online at https://www.santa-ana.org/general-plan. The General Plan Policy Framework can be accessed at https://www.santa-ana.org/sites/default/files/pb/general- plan/documents/General Plan PolicyFrameworkMaster.DRAFT. cmo2.pdf. Coordination and consistency are essential between the elements of the GPU, but in particular with the land use element. The circulation element, which identifies proposed improvements to the transportation system, may impact surrounding land uses and future development. The urban design element sets forth policies and programs to improve the city's design and urban form. The conservation element protects and maintains the city's natural, cultural, and other resources, with a focus on preserving aesthetics and the environmental quality of the city. Both the land use element and the circulation element are described in more depth below. Focus areas and specific plan/special zoning areas are also described. Updated Land Use Element The updated land use element will guide growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) within the plan area by designating land uses as shown in the proposed land use map. Figure 3-7 of the Updated Draft PEIR (Volume II of the Final Recirculated PEIR) shows the 13 proposed land use designations of the General Plan update, and Table 3-4 gives a general description of the land use designations that are added to the GPU and were not in the current General Plan. Land use designations define the type and nature of development that would be allowed in a given location of the plan area. The land use designations and patterns are intended to provide the basis for more detailed zoning designations and development intensities, requirements, and standards established in the City's development code. It is important to note that the updated land use element is a regulatory document that defines the framework for future growth and development in the plan area but does not directly result in Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 31 12/' / 021 Of v ri ing onsiderations -8- UCtODer 2021 development in and of itself. Before any project can be developed in the plan area, it must be analyzed for conformance with the General Plan Update, zoning requirements, and other applicable local and state requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits. Updated Circulation Element The circulation element update is integrally related to federal, state, and regional transportation programs as well as local plans and regulations. The City's role in transportation planning has become increasingly important because recent legislation in the areas of growth management, congestion management, and air quality require more active local coordination to meet regional objectives. Furthermore, the circulation element update is intended to guide future development of the city's transportation system in a manner consistent with the updated land use element. The Master Plan of Streets and Highways (MPSH) details proposed street classifications to reflect buildout of the city's roadway system. The street classifications include Freeway, Major Arterial, Primary Arterial, Secondary Arterial, Divided Collector Arterial, and Collector Arterial. As part of the implementation of complete streets principles,' a series of modifications to the city's roadway network has been identified and includes both the reclassification of roadways and assignment of new MPSH roadway classifications to selected existing streets. A number of proposed roadway reclassifications, adoptions, and removals from the MPSH are as follows: ■ Reclassified as Divided Collector Arterial: Santa Clara Avenue west of Tustin Avenue (currently Secondary Arterial) • Flower Street between Warner Avenue and 1 st Street (currently Secondary Arterial) • Chestnut Avenue between Standard Avenue and eastern city limit (currently Secondary/Primary Arterial) • Raitt Street between Segerstrom Avenue and Santa Ana Boulevard (currently Secondary Arterial) • Civic Center Drive between Fairview Street and Bristol Street (currently Secondary Arterial) • Penn Way between 1-5 on/off ramps and Washington Avenue (currently Secondary Arterial) • Santiago Street between 15th Street and 6th Street (currently Secondary Arterial) • Standard Avenue between 6th Street and Warner Avenue (currently Secondary Arterial) Complete streets are transportation facilities that are planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Santa Ana General Plan Update CE Of r5 �ac anStatement41 — 32 12/' / 02i inonsiderations -9- 6coer 2021 . Santa Ana Boulevard between French Street and Santiago Street (currently Primary Arterial) . Santa Ana Boulevard between Raitt Street and Flower Street (currently Major Arterial) . Cambridge Street between Fairhaven Avenue and SR-22 freeway (currently Local Arterial) Hazard Avenue between Euclid Street and Harbor Boulevard (currently Secondary Arterial) Halladay Avenue between Warner Avenue and Dyer Road (currently Secondary Arterial) McFadden Avenue between Harbor Boulevard and Grand Avenue (currently Secondary Arterial) Broadway between 1st Street and 17th Street (currently Secondary Arterial) 4th Street between French Street and Grand Avenue (currently Primary/Secondary Arterial) Fairhaven Avenue from Grand Avenue to Tustin Avenue (currently Secondary Arterial) ■ Reclassified as Primary Arterial: . Santa Ana Boulevard between Flower Street and Ross Street (currently a Major Arterial) 1st Street between Bristol Street and Tustin Avenue (currently Major Arterial) ■ Reclassify as Collector Arterial: Civic Center Drive between French Street and Santiago Street (currently a Secondary Arterial) ■ Add the following to the MPSH as Divided Collector Arterial: . Greenville Street between Segerstrom Avenue and Warner Avenue ■ Add the following to the MPSH as Collector Streets: . Civic Center Drive between Spurgeon Street and Santiago Street (currently Local Street) Broadway from Anahurt Street to Main Street (currently Local Road) ■ Remove the following from the MPSH . Memory Lane from the City Center Drive to SR-22 . Wright Street from 14th Street to Fruit Street . 4th Street from French Street to Ross Street . Washington Avenue from Broadway to Main Street 10th street from Broadway to Main Street Columbine Avenue from Main Street to 55 FWY Halladay street from Dyer Road to Alton pkwy Santa Ana General Plan Update CE i i i5 4 FactanStatement41 — 33 12//2 11 / 0211 Of ve � ri ing onsiderations -10- October 2021 The majority of the proposed reclassifications aim to reduce existing rights -of -way for vehicular traffic lanes to make room for bicycle and pedestrian improvements. Landmark streets are also identified within or adjacent to the Santa Ana Downtown Historic District, which is listed on the National Register of Historic Places. The circulation element update incorporates the proposed Santa Ana -Garden Grove Fixed Guideway project, which will introduce new transit service to the city. Santa Ana is working with Garden Grove and Orange County Transit Authority to build a fixed guideway system called the OC Streetcar. Expected to begin operations in 2021, the OC Streetcar will link the Santa Ana Regional Transportation Center to a new multimodal hub at Harbor Boulevard/Westminster Avenue in Garden Grove. OC Streetcar will serve historic downtown Santa Ana and Civic Center. Along its four -mile route, OC Streetcar will connect with 18 Orange County Transit Authority bus routes and increase transportation options along Santa Ana Boulevard, 4th Street, the Pacific Electric right-of-way, and Harbor Boulevard. Focus Areas 1. South Main Street Focus Area The South Main Street focus area introduces the opportunity for greater flexibility and a more dynamic mix of land uses and urban design along the properties fronting Main Street. The intent is to transition an auto -dominated corridor into a transit- and pedestrian -friendly corridor through infill development without disrupting the surrounding lower -density neighborhoods. The objectives of this focus area are: ■ Facilitate redevelopment and property improvements along Main Street. ■ Create a more active and dynamic streetscape. ■ Protect established residential neighborhoods. ■ Support transit, pedestrian, and nonmotorized travel. The majority of properties fronting Main Street will be designated Urban Neighborhood, allowing for future development to include commercial uses, low- and medium -density housing, or a combination of both in a vertically mixed -use format. South of Warner Avenue, the Industrial/Flex designation will offer new options for small-scale manufacturing, live -work, and retail opportunities. The balance of the focus area will remain designated for Low Density Residential or Institutional to reflect the existing development patterns and land uses. New buildings and spaces will be sensitive to the surrounding low -density neighborhoods while still emphasizing the creation of active and attractive urban spaces. 2. Grand Avenue / 17th Street Focus Area The Grand Avenue / 17th Street focus area will foster the development of an urban mixed -use corridor connecting into the city's downtown and transit core. The intent is to create opportunities Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 34 12L211202� i in nsiderations -11-October 021 for a new mix of land uses and design to transition Grand Avenue from a series of auto -oriented shopping plazas to a series of dynamic urban spaces. The objectives of this focus area are: ■ Create mixed -use corridors and urban villages. ■ Promote infill development while respecting established neighborhoods. ■ Foster community spaces and neighborhood -serving amenities. ■ Develop opportunities for live -work, artist spaces, and small-scale manufacturing. ■ Maintain compatible nodes of commercial activity. The majority of land in this focus area is planned for Urban Neighborhood or District Center land use designations, which will allow a blend of residential and commercial uses to develop simultaneously, as market conditions allow. An intense mixed -use area is envisioned adjacent to the Santa Ana Regional Transportation Center, along the east side of Grand Avenue south of 1-5. This part of the focus area will support larger, more visually dynamic buildings and urban spaces that complement and benefit from the adjacent regional transit center. North of 1-5, the buildings and spaces will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. A mix of residential, retail, and office will be interspersed along the frontage of Grand Avenue, with a concentrated node of commercial and mixed -use residential uses at Grand Avenue and 17th Street. A small portion of the focus area is designated for Industrial/Flex and General Commercial to support small-scale manufacturing, live -work, and retail opportunities will be located along 17th Street near the Regional Transportation Center. 3. West Santa Ana Boulevard Focus Area The West Santa Ana Boulevard focus area connects the Harbor Mixed Use Transit Corridor Specific Plan area and Downtown Santa Ana, and the OC Streetcar Project improvements will create the physical transit link in 2022. The intent is to transition a group of auto -oriented neighborhoods, businesses, and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. The objectives of this focus area are: ■ Develop housing and mixed -use opportunities near streetcar stations. ■ Promote infill development while respecting established neighborhoods. ■ Buffer industrial land uses and residential neighborhoods. ■ Create opportunities for clean industrial/maker-type spaces. 4. 55 Freeway / Dyer Road Focus Area The 55 Freeway / Dyer Road focus area will transition from almost exclusively professional office to a range of commercial, industrial/flex, and mixed -use development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities. The objectives of this focus area are: ■ Provide housing opportunities at an urban level of intensity at the city's edge. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 35 12/' / 021 Of v ri ing onsiderations -12- October 2021 ■ Enhance opportunities for corporate offices. ■ Attract economic activity into the city from surrounding communities. ■ Protect industrial and office employment base. ■ Maintain hotel and commercial uses. The overall scale and experience of the focus area along the freeway and city boundary will reflect an urban intensity and design, with inspiring building forms and public spaces. At the southeastern edge, the District Center land use designation will facilitate large residential mixed -use developments in structures that incorporate high -density housing, hotels, and complementary expansions of commercial uses. Adjacent to the 55 freeway, the Industrial/Flex land use designation will promote large-scale office -industrial flex spaces, multilevel corporate offices, and research and development uses. The node surrounding the freeway interchange will remain as currently planned for General Commercial uses, with new improvements introducing development and spaces that complement the existing examples and elements. South Bristol Street Focus Area The South Bristol Street focus area represents Santa Ana's southern gateway and is a part of the South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto -oriented shopping plazas to walkable, bike - friendly, and transit -friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. The objectives of this focus area are: ■ Capitalize on the success of the South Coast Metro area. ■ Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented. ■ Provide for mixed -use opportunities while protecting adjacent, established, low -density neighborhoods. Between MacArthur Boulevard and Alton Avenue, the form and intensity will scale down but remain distinctly urban in nature. The redevelopment of the auto -oriented commercial plazas will result in the construction of landmark buildings and structures set in and around spaces accessible to future occupants and the general public. The corridor north of Alton Avenue is planned with the Urban Neighborhood land use designation, allowing for commercial and residential projects, frequently in a mixed -use format, to develop in accordance with market fluctuations. The buildings and spaces in this part of the focus area will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 36 12/' / 021 Of v ri ing onsiderations -13- October 2021 Soecific Plan/Saecial Zonin There are seven planning areas that represent specific plans and other special zoning areas that were previously adopted: Adaptive Reuse Project Incentive Area (2014), Bristol Street Corridor Specific Plan (1991/2018), Harbor Mixed Use Transit Corridor Specific Plan (2014), MainPlace Specific Plan (2019), Metro East Mixed -Use Overlay Zone (2007/2018), Midtown Specific Plan (1996), and Transit Zoning Code Specific Development (2010). The most recent adoption/amendment date for each document is noted in parentheses. Adaptive Reuse Project Incentive Area The Adaptive Reuse Ordinance, Section 41-1651 of the Santa Ana Municipal Code, provides alternative building and fire standards for the conversion of eligible buildings, or portions thereof, from nonresidential uses to dwelling units, guest rooms or joint living, and work quarters. Eligible structures are buildings within the Adaptive Reuse project incentive area that were constructed in accordance with building and zoning codes in effect prior to July 1, 1974, or which have been determined to be a Historically Significant. The Project Incentive Area includes properties in the Midtown Specific Plan area; the Transit Zoning Code area; the Metro East Mixed -Use Overlay Zone; the North Main Street Corridor on both sides of Main Street, from 17th Street to the northernmost MainPlace Drive; and the East 1 st Street Corridor on both sides of 1 st Street from Grand Avenue to Elk Lane. Residential uses are allowed in the Project Incentive Area irrespective of the underlying zoning as part of an approved Adaptive Reuse Project. Harbor Mixed Use Transit Corridor Specific Plan The Harbor Mixed Use Transit Corridor Specific Plan covers the 2.5-mile segment of Harbor Boulevard on the west side of Santa Ana. The approximately 305-acre planning area includes parcels adjacent to Harbor Boulevard between Westminster Avenue and Lilac Avenue as well as parcels along Westminster Avenue, 1st Street, and 5th Street. The Harbor Mixed Use Transit Corridor Specific Plan creates the zoning necessary to take advantage of the regional and local transit investments made along and around Harbor Boulevard. The plan expands development options to include residential alongside or integrated into a mix of nonresidential uses. MainPlace Specific Plan The purpose of the MainPlace Specific Plan is to transform MainPlace mall into a family -oriented retail, entertainment, and dining destination. The plan creates a mixed -use urban village with a revitalized mall at its central core. The Specific Plan area is on the north edge of Santa Ana, between Main Street on the east and SR-22 and 1-5 to the north and west. The property is identified in the current General Plan land use element as District Center. The District Center designation includes the major activity areas of the city, designed to serve as anchors to the city's commercial corridors and to accommodate major development activity. No General Plan amendment is required for the specific plan, and the MainPlace Specific Plan is the zoning for the property and defines the allowable uses within its boundaries. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 37 12/' / 021 Of v ri ing onsiderations -14- October 2021 Metro East Mixed -Use Overlay Zone The Metro East Mixed Use (MEMU) Overlay Zone consists of an original MEMU Overlay Zone and an expansion component. The original MEMU Overlay Zone is largely developed with commercial and office uses and comprises approximately 200 acres immediately east of the 1-5 and immediately west of SR-55. It is bounded by 1-5 on the west and south, Tustin Avenue on the east, and East Sixth Street on the north. The MEMU expansion area added 33.52 acres or approximately 48 parcels to the original MEMU Overlay Zone area. The additional project area extends west primarily along First Street and is generally bounded by the 1-5 to the east, Grand Avenue to the west, East Chestnut Avenue to the south, and Fourth Street to the north. The overall objectives of the MEMU Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve the jobs/housing balance within the city, and provide for a range of housing options identified in the 2014 housing element. Midtown Specific Plan The Midtown Specific Plan area is generally bounded by 17th Street to the north, Civic Center Drive to the south, North Ross Street to the west, and North Spurgeon Street to the east. The Midtown area is readily accessible from the Santa Ana Freeway (1-5). Midtown is envisioned as an integrated district of civic, business, cultural, and retail activity with a small residential component. Transit Zoning Code Specific Development The City adopted a Transit Zoning Code to provide zoning for the integration of new infill development into existing neighborhoods; to allow for the reuse of existing structures; to provide for a range of housing options, including affordable housing; and to provide a transit -supportive, pedestrian -oriented development framework to support the addition of new transit infrastructure. The code encompasses an area in the central urban core of Santa Ana that comprises over 100 blocks and 450 acres. The area is west of 1-5 and bounded by First Street on the south, Flower Street on the west, Grand Avenue on the east, and Civic Center Drive on the north. General Plan Buildout Scenario In general, many areas currently designated for General Commercial and Professional Office will expand opportunities for residential development by a proposed change in General Plan land use designation to Urban Neighborhood or District Center. Industrial Flex will be introduced in each of the five focus areas and replace Industrial land use designations that currently exist to allow for cleaner industrial and commercial uses with live -work opportunities. Furthermore, state law allows a graduated density bonus for the inclusion of affordable housing units For an increasing amount of affordable units (by percentage), a project is allowed an increasing ability to exceed the permitted density (up to a cap of 35 percent). Recent updates to state housing law (Assembly Bill 1763, effective January 1, 2020), enables projects that are 100 Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 38 12/' / 021 Of v ri ing onsiderations -15- October 2021 percent affordable (either 100 percent lower income or 80 percent lower and 20 percent limited moderate), to obtain a density bonus of 80 percent, or no limit if within one-half mile of a major transit stop. However, not every proposed project pursuant to the GPU would include affordable units, and not every project that includes affordable units would need a density bonus. Proposed projects pursuant to the GPU are not required to build at densities that exceed maximum limits; the law only requires that jurisdictions grant the density bonus if requested. The buildout methodology for the GPU was based on past development trends, current development trends, and a forecast market analysis. These trends accounted for any units approved (density bonus or otherwise), to determine the appropriate density and amount of development to assume. Additionally, the optimal density of affordable units is at or below the density levels assumed for forecasting buildout. Generally, projects beyond 50 to 70 units per acre require Type 1 construction (steel and concrete structure), which is much more expensive than Type V construction (wood structure). Accordingly, affordable projects are rarely greater than 70 units per acre except for very small parcels. The average densities used to calculate projected buildout at 2045 are 50 to 90 units per acre in the three most intense focus areas; 55 Freeway/Dyer Road, Grand Avenue/17th Street, and South Bristol Street focus areas. For the remaining two focus areas, a residential assumption at 30 units per acre was used over a broad area to account for development at or above the maximum density of 30 units per acre. The maximum is 20 units per acre for projects proposed exclusively residential in the South Main Focus Area. The maximum is 30 units per acre for a relatively small part of the West Santa Ana Boulevard Focus Area. The City's buildout projections are therefore considered to include and account for the application of density bonus provisions of state law to future projects. Furthermore, the potential for development in specific plan and special zoning areas is based on the forecast buildout at the time of the respective zoning document's adoption, minus the amount of new development built between the adoption date and 2019. Growth outside of the focus areas and special planning areas is expected to be incremental and limited. Some growth was projected for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. Some growth was also projected for the commercial and retail area south of the West Santa Ana Boulevard focus area. Finally, some additional residential development is expected on a small portion (5 percent) of single-family and multifamily lots through the construction of second units. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. C. DISCRETIONARY ACTIONS AND APPROVALS Project development requires the following discretionary actions and approvals from the City: ■ Adoption of the Santa Ana General Plan update ■ Certification of PEIR Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 39 12/' / 021 Of v ri ing onsiderations -16- October 2021 ■ Adoption of Findings of Fact and Statement of Overriding Considerations ■ Adoption of the Mitigation Monitoring Program ■ Adoption of any ordinances, guidelines, programs, actions, or other mechanisms that implement the Santa Ana General Plan update D. STATEMENT OF PROJECT OBJECTIVES The updated General Plan is based on a vision statement and core values established as part of an extensive, multiyear community outreach effort. The City has identified the following core values to guide the General Plan Update (GPU): ■ Health. The people of Santa Ana value a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents. ■ Equity. Residents value taking all necessary steps to ensure equitable outcomes, expanding access to the tools and resources that residents need, and balancing competing interests in an open and democratic manner. ■ Sustainability. Santa Ana values land use decisions that benefit future generations, plans for the impacts of climate change, and incorporates sustainable design practices at all levels of the planning process. ■ Culture. The Santa Ana's community values efforts that celebrate our differences as a source of strength, preserve and build upon existing cultural resources, and nurture a citywide culture of empowered residents. ■ Education. Santa Ana values the creation of lifelong learners, the importance of opening up educational opportunities to all residents, and investing in educational programs that advance residents' economic well-being. These core values were used as the basis to define more specific project objectives to aid decision makers in their review of the GPU and associated environmental impacts. The objectives include: 1. Promote infill development while respecting and protecting established neighborhoods. 2. Optimize high density residential and mixed -use development that maximizes potential use of mass transit. 3. Provide locations for new housing development that maximizes affordable housing opportunities to achieve both City and regional housing goals. 4. Facilitate new development at intensities sufficient to generate community benefits and attract economic activity. Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 40 12L211202� i in nsiderations -17-October 021 5. Provide housing and employment opportunities at an urban level of intensity at the City's edge. g. Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike -friendly, and transit -oriented. 7. Develop opportunities for live/work, artist spaces, and small-scale manufacturing. Santa Ana General Plan Update Of 1 i 5 � FactanStatement41 — 41 12/' / 021 Of v ri ing onsiderations -18- October 2021 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Santa Ana CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Santa Ana concluded that a PEIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from February 26, 2020, through March 27, 2020. The NOP was posted at the Orange County Clerk's Office on February 26, 2020. The notice was published in the Orange County Register, a newspaper of general circulation. Under CEQA, a lead agency may proceed directly with preparation of a PEIR without preparation of an Initial Study if it is clear that a PEIR will be required (State CEQA Guidelines § 15060[d]). The City of Santa Ana made such a determination for this project and did not prepare an Initial Study. ■ Completion of a scoping process, in which the public was invited by the City of Santa Ana to participate. The scoping meeting for the PEIR was held on March 5, 2020, at 6:00 p.m. at the Santa Ana Police Community Room at 60 Civic Center Plaza in Santa Ana. The notice of a public scoping meeting was included in the NOP distributed on February 26, 2020. ■ Preparation of a Draft PEIR by the City of Santa Ana, which was made available for a 45- day public review period (August 3, 2020, through September 16, 2020) and extended to October 6, 2020. The Notice of Availability (NOA) for the Draft PEIR was sent to all persons, agencies, and organizations on the list interested persons, sent to the State Clearinghouse in Sacramento for distribution to public agencies, and published in the August 3, 2020, Orange County Register. The NOAwas posted at the Orange County Clerk's Office on August 3, 2020. Copies of the Draft PEIR were made available for public review at the City of Santa Ana, Planning Division Counter at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library at 26 Civic Center Plaza, Santa Ana, CA 92701. The Draft EIR was also available for review and download on City website: https://www.santa- ana.org/general-plan. ■ The Final PEIR contained comments on the Draft PEIR, responses to those comments, revisions to the Draft PEIR, if any, and appended documents. The Final PEIR was released for a 10-day agency review period prior to certification of the Final PEIR. ■ At its November 91 2020, public hearing, the Planning Commission voted not to certify the Final PEIR and continue work on the GPU to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities. ■ The City performed an intensive, extended community outreach program conducted between January and May 2021 as described in Section 2.4 of the Updated Draft PEIR (Volume II of the Recirculated Final PEIR). ■ Pursuant to Draft PEIR comments, the Planning Commission public hearing, and an expanded EJ community outreach program, the City made the decision to prepare a Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 42 12/' / 021 Of v ri ing onsiderations -19- iOctober 2021 Recirculated Draft PEIR to discuss and evaluate impacts related to environmental justice, to conclude that the recreation -related impacts of the proposed GPU would result in a significant impact, and to define a new project alternative to reduce recreational impacts. ■ The City recirculate the Draft PEIR chapters that had been revised and the NOAwas released for a 45-day public review period from August 6, 2021 through September 20, 2021. The NOA directed reviewers to only submit comments on the revised Draft PEIR chapters included in the Recirculated Draft PEIR since the comments in the Final PEIR adequately addressed comments received on portions of the Draft PEIR that had not been recirculated. ■ One September 13th, the City conducted a Planning Commission Study Session to discuss the Recirculated Draft PEIR. Verbal comments from the public, received during the Study Session were addressed in the Final Recirculated PEIR. ■ After considering the PEIR and in conjunction with making these findings, the City of Santa Ana hereby finds that, pursuant to Section 15092 of the CEQA Guidelines, approval of the project will result in significant effects on the environment; however, the significant effects will be eliminated or substantially lessened where feasible, and the City has determined that remaining significant effects are acceptable under Section 15093. ■ The Mitigation Monitoring and Reporting Program is hereby adopted to ensure implementation of feasible mitigation measures identified in the PEIR. The City of Santa Ana finds that these mitigation measures are fully enforceable conditions on the project and shall be binding upon the City and affected parties. ■ The City of Santa Ana finds that the project is in the public interest and is necessary for the public health, safety, and welfare. ■ The City of Santa Ana hereby certifies the Final Recirculated PEIR in accordance with the requirements of CEQA. ■ Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be retained in the project files; b) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be provided to all CEQA "responsible" agencies. Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 43 12/' / 021 Of v ri ing onsiderations -20- October 2021 IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE SCOPING PROCESS Based on the public scoping process (including review of NOP responses and input at the public scoping meeting), in addition to analysis prepared for the Draft PEIR, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues (see Updated Draft PEIR, Chapter 8, Impacts Found Not to Be Significant). It was determined, therefore, that these potential environmental issues would be precluded from detailed discussion in the Draft PEIR. Based upon the environmental analysis presented in the Draft PEIR, and the comments received by the public on the Draft PEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas: (a) Agriculture and Forestry Resources: The City does not have any significant agricultural resources. Additionally, Santa Ana has no land designated or zoned for agricultural use and does not have any land subject to a Williamson Act contract. Santa Ana does not have any land designated or zoned for forestland, timberland, or zoned Timberland Production. (b) Wildfire: According to CAL FIRE, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about 4.0 miles east along the western edge of Loma Ridge. The nearest FHSZ in an LRA is about 3.8 miles away at the southern tip of the Peters Canyon Regional Park. The city is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the city is on the wildland-urban interface. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft PEIR. B. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE PEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project -specific mitigation measures. This determination, however, does assume compliance with existing regulations, as detailed in each respective topical section of Chapter 5 in the Updated Draft PEIR. (a) Aesthetics: Buildout under the GPU will be at a greater intensity/density in all five focus areas compared to existing conditions. While maximum height would generally be similar to existing buildings, the overall increase in allowed intensity and height across the focus areas would lead to a visually denser urban setting and alter Santa Ana's existing skyline. Buildout under the GPU would not have a substantial adverse effect on scenic vistas (such as the Santa Ana River and Santiago Creek) since these existing open space parcels would remain unchanged. Additionally, no state scenic highways, eligible or officially designated, traverse the city nor are located near the city. Therefore, the GPU would not damage scenic resources, including rock outcroppings, trees, and historic buildings within state scenic Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 44 12L211202� i in nsiderations -21-October 021 highways. The GPU would also create new sources of light or glare in the project area, but adverse impacts would be minimized with compliance to building codes. (b) Biological Resources: Development pursuant to the GPU would not impact riparian habitat or other sensitive natural communities. Additionally, the GPU would not impact wetlands and jurisdictional waterways. The GPU would not conflict with an adopted NCCP/HCP as the City is not within a NCCP/HCP area and would not conflict with local policies or ordinances protecting biological resources. (c) Cultural Resources: The likelihood that human remains may be discovered during clearing and grading activities is considered extremely low. In the unlikely event human remains are uncovered, impacts would be less than significant upon compliance with California and Safety Code Section 7050.5. (d) Energy: Implementation of proposed policies under the GPU, in conjunction with and complementary to regulatory requirements, will ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary. Additionally, the GPU would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (e) Geology and Soils: The plan area's location and underlying geology make it likely to experience seismic hazards, including strong seismic ground shaking, and secondary hazards, like liquefaction. No active surface faults are mapped and zoned under the AP Zoning Act in the plan area. Additionally, all structures that would be constructed in accordance with the GPU would be designed to meet or exceed current design standards as found in the latest CBC. Most of the plan area is within an area susceptible to liquefaction; however, all structures constructed under the GPU would be designed in accordance with current seismic design standards as found in the CBC. There are no substantial hazards with respect to slope stability, as the plan area is mostly flat. Unstable geologic unit or soils conditions, including soil erosion, could result from development of the GPU. Mandatory compliance with existing regulations, including the preparation and submittal of a SWPPP and a soil engineering evaluation, would reduce soil erosion impacts to a less than significant level. Implementation of the CBC design code, which has been adopted by the City and requires that structures be designed to mitigate expansive and compressible soils, would reduce impacts to a less than significant level. The probability of subsidence impacts is generally low in the majority of Santa Ana; however, the statutorily required sustainable groundwater management practices of the Orange County Water District would ensure that impacts would be less than significant. Future development in the plan area would require connection to the City's sewer system as the City of Santa Ana does not allow for the installation of septic tanks. (f) Greenhouse Gas Emissions: The GPU would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 45 12/' / 021 Of v ri ing onsiderations -22- October 2021 (g) Hazards and Hazardous Materials: Construction and operations under the GPU would involve the transport, use, and/or disposal of hazardous materials; however, compliance with existing regulations would ensure that construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction. Furthermore, strict adherence to all emergency response plan requirements set by the Orange County Fire Authority would be required throughout the duration of project construction. GPU buildout is expected to result in some increase in the number of hazardous waste generators; however, hazardous wastes would be stored, transported, and disposed of in conformance with existing regulations of the EPA, US Department of Transportation, CalRecycle, and other agencies. Use, storage, transport, and disposal of hazardous materials in conformance with regulations would reduce both the likelihood of an accidental release and the potential consequences in the event of an accidental release. The plan area includes 555 sites on a list of hazardous materials compiled pursuant to Government Code Section 65962.5 that could create a significant hazard to the public or the environment. Any development, redevelopment, or reuse on or next to any of these sites would require environmental site assessment by a qualified environmental professional to ensure that the project would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. Santa Ana is in the vicinity of an airport or within the jurisdiction of an airport land use plan. Projects approved under the proposed GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. The buildout of the GPU would not result in substantial changes to the circulation patterns or emergency access routes, and would not block or otherwise interfere with use of evacuation routes. Buildout would not interfere with operation of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies. Santa Ana is not in a designated fire hazard zone, and implementation of the GPU will not expose structures and/or residences to wildland fire danger. (h) Hydrology and Water Quality: Projects pursuant to the GPU would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Development pursuant to the GPU would increase the demand on groundwater use but would not impede sustainable groundwater management of the basin. Development pursuant to the GPU would increase the amount of pervious surfaces in the plan area, but could substantially increase the rate or amount of surface runoff in some focus areas in a manner which would result in flooding off -site or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems. In flood hazard, tsunami, or seiche zones, development pursuant to the GPU would not risk release of pollutants due to project inundation or impede or redirect flood flows. Development Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 46 12/' / 021 Of v ri ing onsiderations -23- October 2021 pursuant to the GPU would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (i) Land Use Planning: Implementation of the GPU would not divide an established community. Additionally, the GPU would be consistent with the Airport Environs Land Use Plan for the John Wayne Airport. Implementation of the GPU would be consistent with the goals of the Southern California Association of Governments' RTP/SCS. Implementation of the GPU would also be consistent with the OCTA Congestion Management Plan. (j) Mineral Resources: Project implementation would not result in the loss of availability of a known mineral resource. (k) Noise: The proximity of the plan area to an airport or airstrip would not result in exposure of future residents and/or workers to excessive airport -related noise. (1) Population and Housing: The proposed GPU would provide more housing opportunities than currently exist. Therefore, implementation of the GPU would not displace people and/or housing. (m) Public Services: The GPU would introduce new structures and allow for up to 22,361 new residents and workers in the OCFA and Santa Ana Police Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel, as well as increasing the service needs for the Main Library and the Newhope Library Learning Center. The GPU would also generate additional students who would impact the school enrollment capacities of the Santa Ana Unified School District, Garden Grove Unified School District, and Orange Unified School District. However, upon implementation of regulatory requirements and standard conditions of approval the project would not create significant impacts related to fire protection services, police protection, library services, or school services. (n) Transportation and Traffic: The GPU is consistent with adopted programs, plans, and policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Additionally, GPU implementation would result in a reduction of vehicle miles traveled per service population (VMT/SP) in comparison to existing City conditions, and would achieve a VMT/SP at least 15 percent lower than the countywide VMT/SP. Finally, circulation improvements associated with future development that would be accommodated by the GPU would be designed to adequately address potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access. (o) Utilities and Service Systems: Development pursuant to the GPU would require or result in the relocation or construction of new or expanded wastewater facilities. However, Orange County Sanitation District (OCSD) has a functioning and effective process in place to ensure the regional sewer infrastructure will support future developments under the Santa Ana GPU. Additionally, OCSD and OC Water District have adequate capacity to serve development pursuant to the GPU in addition to the providers existing commitments. Development Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 47 12/' / 021 Of v ri ing onsiderations -24- October 2021 pursuant to the GPU would require or result in the relocation or construction of new or expanded water facilities. However, the City would have adequate capacity for the proposed increases in water flows across the city under implementation of the GPU and would be able to serve the additional dwelling units and commercial square footage proposed. Furthermore, GPU policies encourage the maintenance and upgrade of water infrastructure through impact fees from new development, and the exploration of other funding sources. Water supply would be adequate to meet development pursuant to the GPU. Existing and/or proposed stormwater drainage facilities would be able to accommodate proposed development pursuant to the GPU. Existing and/or proposed solid waste facilities would be able to accommodate development pursuant to the GPU and comply with related solid waste regulations. Development pursuant to the GPU would require or result in the relocation or construction of new or expanded electric power and natural gas. However, the net increases in natural gas demands due to the GPU buildout are within the amounts that SoCalGas forecasts that it will supply to its customers, and buildout would not require SoCalGas to obtain increased natural gas supplies over its currently forecast supplies. Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 48 12/' / 021 Of v ri ing onsiderations -25- October 2021 V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the PEIR, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures, some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found —in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." This is referred to herein as "Finding 1." Where the City has determined —pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3." A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the PEIR, the impacts would be considered less than significant. 1. Air Quality Impact 5.2-6: Industrial land uses accommodated under the General Plan update could create other emissions, such as those leading to objectionable odors, that would adversely affect a substantial number of people. Industrial land uses associated with the GPU may generate potentially significant odor impacts for a substantial number of people. Impacts from potential odors generated from residential and other nonresidential land uses associated with the GPU are considered less than significant. Impacts associated with construction -generated odors are considered less than significant. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 49 12/' / 021 Of v ri ing onsiderations -26- October 2021 The Industrial and Industrial Flex land uses are not anticipated to produce odors, and Mitigation Measure AQ-4 would ensure that odor impacts are minimized and facilities would comply with South Coast AQMD Rule 402. Therefore, Impact 5.2-6 would be less than significant. Mitigation Measures AQ-4 Prior to discretionary approval by the City of Santa Ana, if it is determined that a development project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared by the project applicant and submitted to the City of Santa Ana for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to: • Wastewater treatment plants • Composting, green waste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large -capacity coffee roasters • Food -processing facilities The odor management plan shall demonstrate compliance with the South Coast Air Quality Management District's Rule 402 for nuisance odors. The Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document prepared for the development project and/or incorporated into the project's site plan. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 2. Biological Resources Impact 5.3-1: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The inventory of existing conditions determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 50 12L21/202� i in nsiderations -27-October 021 sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Therefore, there is no current indication that future development in accordance with the GPU would have significant unavoidable biological impacts. However, the programmatic analysis prepared for this GPU was not at the detailed, site -specific analysis required for a specific development project. Site -specific analyses could reveal biological resources not identified in the Biological and Natural Resources Report. Therefore, there is a potential for biological impacts associated with implementation of the GPU. Therefore, implementation of the GPU could result in a potentially significant impact. The letter received from CDFW states that the Santa Ana River and its tributaries historically supported federally endangered southern California steelhead. CDFW's letter requests that the Draft PEIR include an analysis of any proposed major stream crossings in the context of fish passage, and states that the analysis should include, but not be limited to, steelhead presence or historic presence, existing conditions including habitat and barrier assessments, any known projects to remove barriers or restore habitat that would affect or be affected by this project, and cumulative impacts to steelhead populations and/or habitat resulting from this project. The GPU does not propose any major stream crossings. If any future development project entails improvements for stream crossings (e.g. Santa Ana River and Santiago Creek), project -level CEQA compliance would require a biological resources report that would address potential impacts to endangered species, including the California steelhead. Impact 5.3-1 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures BIO-1 For development or redevelopment projects that would disturb vegetated land or major stream and are subject to CEQA, a qualified biologist shall conduct an initial screening to determine whether a site -specific biological resource report is warranted. If needed, a qualified biologist shall conduct a field survey for the site and prepare a biological resource assessment for the project, including an assessment of potential impacts to sensitive species, habitats, and jurisdictional waters. The report shall recommend mitigation measures, as appropriate, to avoid or limit potential biological resource impacts to less than significant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 51 12/' / 021 Of v ri ing onsiderations -28- October 2021 Impact 5.3-4: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The City of Santa Ana is largely urbanized, and migration corridors are generally limited to the Santa Ana River and the Santiago Creek. Development under the GPU would result in the further infill of the city and removal of vacant sites. The GPU would not change land use designations of parcels that encompass the Santa Ana River or the Santiago Creek. However, development under the GPU could further result in vegetation removal, intrusion by humans and pets, and increased noise and air pollutants, which could impact wildlife movement and nesting sites. Therefore, the buildout of the GPU could affect wildlife movement, nesting sites, and migratory birds protected under the Migratory Bird Treaty Act as well as state law. Impact 5.3-4 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures Refer to BIO-1 above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 3. Cultural Resources Impact 5.4-2: Development in accordance with the General Plan Update could impact archaeological resources. Development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. Typically, surface -level and subsurface archaeological sites and deposits can be affected by ground -disturbing activities associated with most types of construction. Based on literature review and records searches, eight archaeological resources have been recorded within the plan area, including four prehistoric sites, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While most of the plan area has been developed over the course of the twentieth century, buried resources may remain in areas where developments such as parking lots, parks, or structures with shallow foundations have required only minimal ground disturbance. A review of historical and ethnographic maps indicates a moderate likelihood that intact subsurface archaeological resources would be encountered during redevelopment. Archaeological resources impacts are site specific, but more intensive development can result in cumulative impacts on a regional level and should be considered in addition to individual project Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 52 12/' / 021 Of v ri ing onsiderations -29- October 2021 impacts on individual sites. As determined by the respective lead agency on a project by project basis, Phase I Cultural Resources studies would be required before ground disturbances and demolition activities are permitted to occur. The study would identify resources on the affected project sites that are, or appear to be, eligible for listing on the National or California Register. Such studies would also recommend mitigation measures to protect and preserve archaeological and tribal cultural resources. Mitigation Measures CUL-4 through CUL-7 were developed to reduce potential individual and cumulative impacts associated with future development and redevelopment. Mitigation Measure CUL-4 requires an archaeological resources assessment be conducted for future development projects to identify any known archaeological resources and sensitivity of the site. Mitigation Measures CUL-5 through CUL-7 detail the next steps required should the archaeological resources assessment identify known resources or determine the site to have high or moderate resource sensitivity. Upon compliance with Mitigation Measures CUL-4 through CUL-7, individual and cumulative impacts to archaeological resources would be reduced to less than significant levels. Mitigation Measures CUL-4 For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and impacts cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the Secretary of the Interior's Standards to determine significance prior to any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 53 12/' / 021 Of v ri ing onsiderations -30- October 2021 and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist shall monitor all ground -disturbing construction and pre -construction activities in areas with previously undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards, and tribal consultation shall be conducted in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. CUL-7 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 54 12L211202� i in nsiderations -31-October 021 above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 4. Geology and Soils Impact 5.6-4: Future development that would be accommodated by the General Plan Update could imaact known and unknown aaleontoloaical resources. Paleontological resources are recognized as nonrenewable and therefore receive protection under the California Public Resources Code and CEQA. Adoption of the GPU in itself will not directly affect paleontological resources. Long-term implementation of the GPU land use plan could allow development (e.g., infill development, redevelopment, and revitalization/restoration), including grading, of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially disturb paleontological resources. Therefore, future development that would be accommodated by the GPU could potentially unearth previously unrecorded resources. Review and protection of paleontological resources are also afforded by CEQA for individual development projects that would be accommodated by the GPU, subject to discretionary actions that are implemented in accordance with the land use plan of the GPU. Fossil localities have been found in the vicinity of the plan area, although not in the plan area itself. Mitigation Measures GEO-1 through GEO-3 prescribe requirements for monitoring based on the sensitivity of sites for paleontological resources. Under GEO-1, areas that range from high to low sensitivity are required to prepare a Paleontological Resources Monitoring and Mitigation Plan. With adherence to mitigation measures GEO-1 through GEO-3, Impact 5.6-4 would be less than significant. Mitigation Measures GEO-1 High Sensitivity. Projects involving ground disturbances in previously undisturbed areas mapped as having "high" paleontological sensitivity shall be monitored by a qualified paleontological monitor on a full-time basis. Monitoring shall include inspection of exposed sedimentary units during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities. GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 55 12/' / 021 Of v ri ing onsiderations -32- October 2021 underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PER. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 5. Noise Impact 5.12-3: Buildout of the individual land uses and projects for implementation of the GPU may expose sensitive uses to excessive levels of groundborne vibration. Construction Vibration Impacts. Construction activity at projects within the plan area would generate varying degrees of ground vibration, depending on the construction procedures and equipment. Operation of construction equipment generates vibrations that spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the construction site varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Vibration from construction activities rarely reaches the levels that can damage structures but can achieve the audible and perceptible ranges in buildings close to the construction site. Vibration generated by construction equipment has the potential to be substantial, since it has the potential to exceed the FTA criteria for architectural damage (e.g., 0.12 inches per second [in/sec] PPV for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). Construction details and equipment for future project -level developments under the GPU are not known at this time but may cause vibration impacts. Santa Ana General Plan Update Of 1 i 5 � FactanStatement41 — 56 12/' / 021 Of v ri ing onsiderations -33- October 2021 With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Operational Vibration Impacts. Commercial and industrial operations within the plan area would generate varying degrees of ground vibration, depending on the operational procedures and equipment. Such equipment -generated vibrations would spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the vibration source varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. In addition, future sensitive receptors could be placed within close proximity to existing railroad lines through buildout in the plan area. Because specific project -level information is not available at this time, it is not possible to quantify future vibration levels at vibration -sensitive receptors that may be near existing and future vibration sources. With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Mitigation Measures N-2 Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 57 12/' / 021 Of v ri ing onsiderations -34- October 2021 this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. N-3 New residential projects (or other noise -sensitive uses) located within 200 feet of existing railroad lines shall be required to conduct a groundborne vibration and noise evaluation consistent with Federal Transit Administration (FTA)-approved methodologies. N-4 During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 6. Tribal Cultural Resources Impact 5.17-1: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). The Sacred Land File search yielded positive results, indicating that known tribal resources exist within the plan area. Further, a CHRIS records search at SCCIC indicates that 23 archaeological resources were previously recorded within 0.5 mile of the plan area. Of these resources, eight archaeological resources were located within the plan area; these include four prehistoric sites with habitation debris and lithic scatters, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While the city is urbanized and most of the plan area has been developed, buried resources may remain in areas of minimal ground disturbance, such as parks, parking lots, and structures with shallow foundations. Tribal cultural resources are site specific in nature. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 58 12/' / 021 Of v ri ing onsiderations -35- October 2021 Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.17-2: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant pursuant to criteria in Public Resources Code Section 5024.1(c). Future development as a result of the implementation of the GPU could include grading in portions of the City with sensitivity to tribal cultural resources. Grading and construction activities that require more intensive soil excavation than in the past could potentially cause disturbance to tribal cultural resources. Future development could potentially unearth previously unknown or unrecorded tribal cultural resources. Because the NAHC SLF search yielded positive results and the Gabrieleno Band of Mission Indians — Kizh Nation identified sensitive areas within the city, the buildout of the GPU may cause a substantial adverse change in the significance of tribal cultural resources. Earthwork activities may occur with buildout under the GPU that could impact previously undisturbed tribal cultural resources. Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 59 12/' / 021 Of v ri ing onsiderations -36- October 2021 B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The following summary describes the unavoidable adverse impact of the GPU where mitigation measures were found to be either infeasible or would not lessen impacts to less than significant. The following impacts would remain significant and unavoidable. 1. Air Quality Impact 5.2-1: The additional population growth forecast for the General Plan Update and the associated emissions would not be consistent with the assumptions of the air aualitv manaaement clan. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-45 of the Updated Draft PEIR. The GPU would be inconsistent with the South Coast Air Quality Management Plan (AQMP) because buildout under the GPU would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). Buildout of the GPU would exceed current population estimates for the city, and therefore the emissions associated with the additional population are not included in the current regional emissions inventory for the SoCAB. Additionally, air pollutant emissions associated with buildout of the GPU would cumulatively contribute to the nonattainment designations in the SoCAB. Therefore, overall, the GPU would be inconsistent with the AQMP. Incorporation of Mitigation Measure AQ-2 into future development projects for the operation phase would contribute to reduced criteria air pollutant emissions associated with buildout of the GPU. Additionally, goals and policies in the GPU would promote increased capacity for alternative transportation modes and implementation of transportation demand management strategies. However, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast AQMD thresholds. In addition, the population and employment assumptions of the AQMP would continue to be exceeded until the AQMP is revised and incorporates the projections of the GPU. Therefore, Impact 5.2-1 would remain significant and unavoidable. Mitigation Measure AQ-2 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 60 12L211202� i in nsiderations -37-October 021 projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that require refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in for the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 61 12/' / 021 Of v ri ing onsiderations -38- October 2021 finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. However, the City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-2: Construction activities associated with future development that would be accommodated under the General Plan Update could generate short-term emissions in exceedance of the South Coast Air Quality Management District's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-47 of the Updated Draft PEIR. Buildout of the GPU would occur over a period of approximately 25 years or longer. Construction activities associated with buildout of the GPU could generate short-term emissions that exceed the South Coast AQMD'S significance thresholds during this time and cumulatively contribute to the nonattainment designations of the SoCAB. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, construction time frames and equipment for site -specific development projects are not available at this time, and there is a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Therefore, despite adherence to Mitigation Measure AQ-1, Impact 5.2-2 would remain significant and unavoidable. Mitigation Measures AQ-1 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 62 12/' / 021 Of v ri ing onsiderations -39- October 2021 incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: ■ Use of nontoxic soil stabilizers to reduce wind erosion. ■ Apply water every four hours to active soil -disturbing activities. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 63 12/' / 021 Of v ri ing onsiderations -40- October 2021 technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-3: Implementation of the General Plan Update would generate long-term emissions in exceedance of South Coast AQMD's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-48 of the Updated Draft PEIR. Buildout in accordance with the GPU would generate long-term emissions that would exceed South Coast AQMD's regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Mitigation Measure AQ-2, in addition to the goals and policies of the GPU, would reduce air pollutant emissions to the extent feasible. The measures and policies covering topics such as expansion of the pedestrian and bicycle networks, promotion of public and active transit, and support to increase building energy efficiency and energy conservation would also reduce criteria air pollutants in the city. Further, compared to existing baseline year conditions, emissions of NOx, CO, and SOx are projected to decrease from current levels despite growth associated with the GPU. However, Impact 5.2-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the GPU. Contributing to the nonattainment status would also contribute to elevating health effects associated with these criteria air pollutants. Reducing emissions would further contribute to reducing possible health effects related to criteria air pollutants. It is speculative for this broad -based GPU to determine how exceeding the regional thresholds would affect the number of days the region is in nonattainment, since mass emissions are not correlated with concentrations of emissions, or how many additional individuals in the air basin would suffer health effects. South Coast AQMD is the primary agency responsible for ensuring the health and welfare of sensitive individuals to elevated concentrations of air quality in the SoCAB, and at the present time it has not provided methodology to assess the specific correlation between mass emissions generated and the effect on health in order to address the issue raised in the Friant Ranch case. Ozone concentrations are dependent upon a variety of complex factors, including the presence of sunlight and precursor pollutants, natural topography, nearby structures that cause building downwash, atmospheric stability, and wind patterns. Because of the complexities of predicting ground -level ozone concentrations in relation to the National and California Ambient Air Quality Standards, it is not possible to link health risks to the magnitude of emissions exceeding the significance thresholds. To achieve the health -based standards established by the EPA, the air districts prepare air quality management plans that detail regional programs to attain the ambient air quality standards. However, because cumulative development within the city would exceed the regional significance thresholds, the proposed project could contribute to an increase in health effects in the basin until the attainment standards are met in the SoCAB. Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 64 12Z21/202� i in nsiderations -41-October 021 Mitigation Measures Refer to Mitigation Measure AQ-2, above. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-4: Operation of industrial and warehousing land uses accommodated under the General Plan Update could expose sensitive receptors to substantial toxic air contaminant concentrations. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-50 of the Updated Draft PEIR. Buildout of the GPU could expose sensitive receptors to substantial concentrations of toxic air contaminants JAC). Buildout could result in new sources of criteria air pollutant emissions and/or TACs near existing or planned sensitive receptors. Review of development projects by South Coast AQMD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) would ensure that health risks are minimized. Additionally, Mitigation Measure AQ-3 would ensure mobile sources of TACs not covered under South Coast AQMD permits are considered during subsequent, project -level environmental review by the City of Santa Ana. Individual development projects would be required to achieve the incremental risk thresholds established by South Coast AQMD, and TACs would be less than significant. However, implementation of the GPU would generate TACs that could contribute to elevated levels in the air basin. Though individual projects would achieve the project -level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the SoCAB. Therefore, the GPU's cumulative contribution to health risk is significant and unavoidable. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 65 12/' / 021 Of v ri ing onsiderations -42- October 2021 Mitigation Measures AQ-3 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel - powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 66 12/' / 021 Of v ri ing onsiderations -43- /October 2021 Impact 5.2-5: Development and operation of land uses accommodated by the General Plan Update could generate emissions that exceed the localized significance thresholds and expose sensitive receptors to substantial concentrations of criteria air Dollutants. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-53 of the Updated Draft PEIR. Because existing sensitive receptors may be close to project -related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed South Coast AQMD's Local Significance Thresholds (LSTs). Mitigation Measures AQ-1 and AQ-2 would reduce the regional construction and operation emissions associated with buildout of the GPU and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions, to the extent feasible. However, even with the implementation of these mitigation measures, Impact 5.2-5 would remain significant and unavoidable. Mitigation Measures Mitigation Measures AQ-1 and AQ-2 would also be applicable in reducing construction- and operation -related LST impacts. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 67 12/' / 021 Of v ri ing onsiderations -44- October 2021 2. Cultural Resources Impact 5.4-1: Buildout consistent with the General Plan Update could impact an identified historic resource. Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, starting on page 5.4-26 of the Updated Draft PEIR. Generally, potential impacts to historical resources resulting from future projects developed pursuant to the GPU would be mitigated by the City's fulfillment of its statutory responsibilities under CEQA. However, for certain development pursuant to the GPU, the City may determine that significant impacts to historical resources cannot be avoided. The City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits. Though the possible demolition or alteration of a historical resource cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. With fulfillment of the CUL-1 and CUL-2, future development consistent with the GPU would result in a less than significant impact to cultural resources. However, if significant impacts cannot be avoided, the City shall require, at a minimum, that the affected historical resources are documented consistent with Mitigation Measure CUL-3. The Historical Resources Technical Report determined that unavoidable impacts to historical resources resulting from future development under the GPU will be reduced to the maximum extent feasible but will still be significant with implementation of Mitigation Measure CUL-3. Therefore, the development under the GPU would result in significant and unavoidable impacts. Mitigation Measures CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior's Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall be used to the maximum extent practicable to ensure that projects involving the relocation, conversion, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 68 12/' / 021 Of v ri ing onsiderations -45- October 2021 rehabilitation, or alteration of a historical resource and its setting or related new construction will not impair the significance of the historical resource. Use of the Standards shall be overseen by an architectural historian or historic architect meeting the Secretary of the Interior's Professional Qualification Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. CUL-3 Documentation, Education, and Memorial ization. If the City determines that significant impacts to historical resources cannot be avoided, the City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. Though demolition or alteration of a historical resource such that its significance is materially impaired cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (HABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 69 12/' / 021 Of v ri ing onsiderations -46- October 2021 changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 3. Greenhouse Gas Emissions Impact 5.7-1: Implementation of the proposed General Plan Update would result in a decrease in GHG emissions in horizon year 2045 from existing baseline but may not meet the long-term GHG reduction goal under Executive Order S-03-05. Support for this environmental impact conclusion is fully discussed in Section 5.7, Greenhouse Gas Emissions, starting on page 5.7-31 of the Updated Draft PEIR. Implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions in order to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the state and City to meet the 2050 goal, but in the meantime, Impact 5.7-1 would be significant and unavoidable. Mitigation Measures GHG-1 The City of Santa Ana shall update the Climate Action Plan (CAP) every five years to ensure the City is monitoring the plan's progress toward achieving the City's greenhouse gas (GHG) reduction target and to require amendment if the plan is not achieving the specified level. The update shall consider a trajectory consistent with the GHG emissions reduction goal established under Executive Order S-03-05 for year 2050 and the latest applicable statewide legislative GHG emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following: Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 70 12Z21/202� i in nsiderations -47-October 021 • GHG inventories of existing and forecast year GHG levels. • Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of Executive Order S-03-05. • Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP: ■ Administration and Staffing ■ Finance and Budgeting ■ Timelines for Measure Implementation ■ Community Outreach and Education ■ Monitoring, Reporting, and Adaptive Management ■ Tracking Tools Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 4. Noise Impact 5.12-1: Construction activities associated with buildout of the plan area would result in temporary noise increases at sensitive receptors. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-29 of the Updated Draft PEIR. Implementation of Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 71 12/' / 021 Of v ri ing onsiderations -48- October 2021 substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. It should be noted that the identification of this program -level impact does not preclude the finding of less -than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures N-1 Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of Santa Ana General Plan Update Of 1 i 5 � FactanStatement41 — 72 12/' / 021 Of v ri ing onsiderations -49- October 2021 unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.12-2: Buildout of the plan area would cause a substantial traffic noise increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-30 of the Updated Draft PEIR. Mitigation Measure N-2 would reduce potential interior noise impacts to future noise -sensitive receptors below the thresholds. However, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 73 12/' / 021 Of v ri ing onsiderations -50- October 2021 residences along affected roadways. No individual measures and no set of feasible or practical mitigation measures are available to reduce project -generated traffic noise to less than significant levels in all cases. Thus, traffic noise would remain a significant and unavoidable impact. It should be noted that the identification of this program -level impact does not preclude the finding of less - than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures Refer to Mitigation Measure N-2, above. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 5. Population and Housing Impact 5.13-1: The GPU would directly induce substantial unplanned population growth. Support for this environmental impact conclusion is fully discussed in Section 5.13, Population and Housing, starting on page 5.13-12 of the Updated Draft PEIR. Full buildout of the GPU would result in a population of 431,629, and the city's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Governments' 2045 projections. Furthermore, the city's housing units at buildout would be 115,053, which exceeds the Orange County Council of Governments' projection by 38 percent. There are no feasible mitigation measures to mitigate the population and housing growth at buildout, and impacts would be significant and unavoidable. Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 74 12L211202� i in nsiderations -51-October 021 Mitigation Measures There are no feasible mitigation measures to mitigate the population and housing growth at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 75 12/' / 021 Of v ri ing onsiderations -52- October 2021 6. Recreation Impact 5.15-1: The General Plan Update would generate additional residents that would increase the use of existing park and recreational facilities such that substantial physical deterioration of the facility could occur or be accelerated. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-27 of the Updated Draft PEIR. Although required park fees for development could be sufficient to fund new parks and improvements, there is a lack of available land and lack of land designated as Open Space within the General Plan Update to develop new parks or expand existing facilities. The City of Santa Ana is essentially built. Incorporation of Mitigation Measure REC-1 to monitor new residential development within the Dyer/55 Fwy focus area would contribute to reducing impacts to existing public parks within a '/z radius of the focus area. Compliance with this mitigation measure, regulatory requirements, and implementation of proposed GPU policies and implementation actions would reduce the potential impact of the proposed GPU on existing park facilities. However, because of the existing park deficiencies and scale of development in park -deficient areas, the project's impact would be significant and unavoidable. Mitigation Measures REC-1 The City shall monitor new residential development within the Dyer/55 Fwy focus area. Development proposals for projects including 100 or more residential units shall be required to prepare a public park utilization study to evaluate the project's potential impacts on existing public parks within a one half (1/2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 76 12/' / 021 Of v ri ing onsiderations -53- October 2021 Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.15-2: Population increases resulting from project implementation would increase recreation demands that would require construction or expansion of recreation facilities that would have potential to result in physical impacts to the environment. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-29 of the Updated Draft PEIR. Population increases resulting from the implementation of the GPU would increase recreation demands and require construction or expansion of recreation facilities. Although construction and/or expansion of new parks and recreation facilities would be subject to GPU policies and implementation actions; regulatory requirements, and future, project specific environmental review under CEQA, it is still possible that development of such facilities could result in significant unavoidable impacts Mitigation Measures There are no feasible mitigation measures to mitigate the impacts to recreation at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 77 12/' / 021 Of v ri ing onsiderations -54- October 2021 VI. FINDINGS REGARDING ALTERNATIVES CEQA requires that an EIR include a discussion of reasonable project alternatives that would "feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any significant effects of the project, and evaluate the comparative merits of the alternatives" (CEQA Guidelines § 15126.6[a]). As discussed above, the PEIR identified significant impacts in a number of categories. The following impacts could be mitigated below a level of significance: air quality, biological resources, cultural resources, geology and soils, noise, tribal cultural resources impacts. The following impacts cannot be mitigated below a level of significance: certain air quality, cultural resources, greenhouse gas (GHG) emissions, noise, population and housing, and recreation impacts. The PEIR analyzed four alternatives to the proposed project that could reduce some, if not all, of the impacts. A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING "Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts" (CEQA Guidelines § 15126.6[c]). Alternative Circulation Element— Roadway Classifications. The proposed circulation element in the GPU evolved over a long process and coordination with the Orange County Transportation Authority (OCTA). During this process, alternative packages of arterial roadway classifications were considered that involved roadways in OCTA's Master Plan of Arterial Highways (MPAH). The majority of reclassifications proposed were identified for bicycle facility safety improvements in the City's Safe Mobility Santa Ana (SMSA) Plan, prepared in 2016. Most of the reclassifications identified were for roadways where bicycle and pedestrian safety improvements would require roadway reconfiguration and a reduction in the number of existing or planned travel lanes. Many of the SMSA recommendations across the city have already been, or are in the process of being, implemented along arterial roadways without reducing the number of lanes. A cursory review of two optional roadway reclassification packages was conducted to determine whether these optional plans would have the potential to eliminate significant impacts of the proposed GPU and meet most the project objectives. It was determined that a detailed evaluation of this alternative was not needed to provide a reasonable range of EIR project alternatives. Transportation/traffic impacts of the proposed project were determined to be less than significant (VMT/SP falls below the significance threshold for the GPU without mitigation). Although these alternatives may have some potential to reduce VMT (by reducing the number of travel lanes for some roadways) and thereby also potentially reduce air quality, greenhouse gas, and traffic noise impacts, these alternatives would also result in more inconsistencies with the MPAH and result in more traffic congestion. Although traffic congestion is no longer a CEQA consideration, the GPU sets forth standards for level of service that will be considered by decision -makers. Moreover, the Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 78 12/' / 021 Of v ri ing onsiderations -55- October 2021 Reduced Density and RTP/SCS Consistency alternatives were determined to be meaningful alternatives to consider for the potential of reducing air quality, GHG, and traffic noise impacts. Reduced Traffic Noise Alternative. Since traffic noise was determined to be a significant, unavoidable impact of the proposed GPU, a project alternative designed to eliminate this significant impact was considered. The required reductions in traffic volumes (ADT) were determined along roadways where buildout of the GPU would result in significant noise increases. These estimates were compared to the surrounding land uses that would generate ADTs for those roadway segments. Traffic noise along these roadways would both exceed the noise standard and abut sensitive land uses (e.g., residences, schools, hospitals). Several segments would experience significant, unavoidable traffic noise impacts without the land use changes proposed under the GPU. Since significant traffic noise could not be avoided, further evaluation of this alternative was not deemed to be meaningful. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS Given the significant, unavoidable impacts identified for the proposed GPU, project alternatives with the potential to substantially reduce development were identified for further review. Significant GPU impacts to long-term air quality, GHG emissions, population and housing, and recreation all directly relate to the level of development that would occur within the city. At the programmatic level of this GPU PEIR, site -specific information regarding potential significant historical impacts is not available, and therefore, an alternative could not be customized to reduce that impact. A reduced intensity alternative would also be expected to reduce the significant traffic noise impact (as discussed above). A reduced park demand alternative was also analyzed to address the significant and unavoidable impacts to recreation. The following development alternatives to the proposed GPU were chosen for further analysis. No Project / Current General Plan Alternative The evaluation of the No Project alternative is required by CEQA. The No Project alternative is typically defined as the development scenario that would occur if the project as proposed is not adopted. For a General Plan, the No Project alternative is typically represented by the jurisdiction's existing General Plan, including land use plan, circulation master plan, and policies in each General Plan element. Therefore, this alternative assumes that the existing General Plan —with various adoption dates for different elements between 1982 and 2014—would remain in effect. This existing General Plan also reflects amendments, including new Specific Plans and special zoning areas that have been adopted through the Notice of Preparation for this GPU. Finding. The City Council rejects the No Project/Current General Plan Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 79 12/' / 021 Of v ri ing onsiderations -56- iOctober 2021 opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would result in similar impacts to 11 impact categories, reduced impacts to 5 environmental impacts, and increase impacts to 4 categories. Impacts would be similar for agricultural resources, biological resources, cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, tribal cultural resources, and wildfire. This alternative would reduce impacts for aesthetics, population and housing, public services, recreation, and utilities and service systems. Impacts to air quality, greenhouse gas emissions, land use and planning, and transportation would increase. This alternative does not mitigate any of the significant and unavoidable impacts associated with the GPU to a less than significant impact. It would also exceed the City's VMT threshold. Overall, impacts under this alternative would decrease in comparison to the proposed project. The No Project/Current General Plan alternative would not achieve many of the proposed project objectives. The existing land use plan does not provide the opportunities to provide housing and employment at the levels required to meet local and regional goals. Moreover, the No Project alternative would not provide numerous general policies as included in the GPU to achieve these goals and invigorate communities. The current General Plan, however, protects established neighborhoods and several Specific Plans and Special Zoning areas would provide for infill opportunities, protect established neighborhoods, and result in mixed -use villages and bike- and pedestrian -friendly communities. Reduced Intensity Alternative (Reduced capacity for the 55 Freeway/Dyer and South Bristol focus areas) Under the GPU, the only areas that include revisions to land use designations to accommodate new growth are within the five focus areas. The majority of remaining growth would occur within previously approved Specific Plans and Special Zoning areas. A nominal amount of growth is assumed to occur in other areas of the city and would not require land use amendments. The Reduced Intensity Alternative would substantially reduce development capacity within two focus areas, 55 Freeway/Dyer and South Bristol Street, which accommodate approximately 65 percent of the housing unit growth and 72 percent of the nonresidential use (by building square footage) of the growth projected for the combined focus areas under the GPU. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. For this alternative, development of the 55 Freeway/Dyer and South Bristol focus areas would be reduced to approximately 50 percent of the maximum allowed per the land use designations. This alternative would reduce housing units by a total of 5,383 and would reduce total building square footage by approximately 4.2 million square feet distributed between these two focus areas. This alternative would also reduce population by 19,825 and jobs by 9,184. Overall, this alternative would reduce the housing growth accommodated by the GPU land use changes by approximately 18 percent and reduce nonresidential building square footage by approximately 27 percent. Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 80 12L21/202� i in nsiderations -57-October 021 Finding. The City Council rejects the Reduced Intensity Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would result in similar impacts to 7 impact categories, reduce impacts to 12 categories, and increase impacts to 1 category. Impacts would be similar for aesthetics, agricultural resources, biological resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. The Reduced Density Alternative reduces the level of development for two of the five focus areas (55 Freeway/Dyer Road and South Bristol Street) relative to the GPU. No other changes to the GPU are made for this alternative. It is assumed to include the same General Plan policies and would not modify the circulation element or related improvements. Therefore, this alternative would attain many of the project's objectives. It would not "optimize" high density housing and mass transit opportunities, and so was found not to attain objective No. 2. It would, however, achieve objectives Nos. 3 through 5, but to a lesser extent than the proposed GPU. With the reduced opportunities in the 55 Freeway/Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities, and may not be as economically feasible in terms of funding community benefits. It would provide mixed -use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. 2020 RTP/SCS Consistency Alternative (Reduced development for RTP/SCS population/housing consistency) This alternative was developed to evaluate an update to the General Plan that would be consistent with the population and housing projections used to develop the Southern California Association of Governments' (SCAG) most recent Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS)—Connect SoCal (adopted May 7, 2020). Connect SoCal is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The plan embodies a collective vision for the region's future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 81 12/' / 021 Of v ri ing onsiderations -58- /October 2021 Orange, Riverside, San Bernardino, and Ventura. The proposed GPU would result in a significant population and housing impact because development under the GPU would substantially exceed the projections used in Connect SoCal. SCAG uses locally prepared population and housing projections to develop the regional plan. For the City of Santa Ana, those projections were provided by the Orange County Council of Governments, as prepared by the Center for Demographic Research. The population/housing figures reflected for Santa Ana in the regional plan for 2045 are: population, 360,100; total housing units, 80,100; and total jobs, 176,400. Projections for the RTP/SCS (Connect SoCal) use land use designations as approved in adopted general plans. The employment projections are similar for the GPU and RTP/SCS scenarios, but the RTP/SCS projections for population and housing units are substantially lower than GPU projections (18 percent and 27 percent lower, respectively). The RTP/SCS alternative, therefore, represents the least -development -intensive project alternative evaluated for the PEIR. ■ This alternative would substantially reduce the growth that would be accommodated within the focus areas under the GPU. New growth within the focus areas would total 6,380 housing units and approximately 3.7 million square feet of nonresidential uses, instead of a total additional 23,955 housing units and approximately 15.7 million square feet within the focus areas. This alternative distributes anticipated development through the focus areas and the approved Specific Plans/Special Zoning areas. For purposes of this alternative, it is assumed that a development cap would be used to limit total growth to the projections shown. ■ Subsequent updates of the regional plan would incorporate updated land use from the GPU and resolve the substantial discrepancy between the population and housing projections. Note also that the PEIR concludes that the GPU is consistent with the goals of the RTP/SCS. This alternative has been defined to eliminate the significant impact associated with substantial population growth that is inconsistent with the regional plan, as well as reduce other significant growth -related (AQ/GHG, traffic noise) impacts associated with the GPU as proposed. Finding. The City Council rejects the 2020 RTP/SCS Consistency Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would reduce impacts to 12 environmental impacts, result in similar impacts to 6 categories, and increase impacts to 1 category. It would reduce impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, and utilities and service systems. Impacts would be very similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. It would increase impacts to land use and planning. It would also increase impacts to transportation and Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 82 12/' / 021 Of v ri ing onsiderations -59- iOctober 2021 potentially introduce a new significant impact. It is anticipated, however, that under this alternative, transportation could be mitigated to less than significant. Under the GPU, transportation impacts are less than significant without mitigation. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, and recreation would remain significant and unavoidable. The impact to population and housing would be reduced to less than significant. Overall, impacts under this alternative would be reduced in comparison to the proposed project. Due to the substantial reduction in housing opportunities citywide, this alternative is the least effective in achieving the project objectives of the GPU. By setting a development cap to limit housing and nonresidential development to the projections for the city in the 2020 RTP/SCS, this alternative reduces housing units by 31,515 compared to the GPU. It reduces housing development potential within the focus areas by 73 percent in comparison to the GPU, and reduces overall city future development by 27 percent. To achieve this reduction, the development cap would not only limit focus area development but would restrict the entitled housing in Specific Plans/Special Zoning areas (reducing total housing within these areas by almost 14,000 units). This alternative clearly would not optimize high density housing that maximizes mass transit use (objective No. 2) or provide urban -level intensities at the urban edges (objective No. 3). Moreover, it would not facilitate intensities that attract economic activities, particularly since it would not allow the maximum entitlement of approved Specific Plans and Special Zoning areas. It would achieve the remainder of the objectives, but to a lesser extent than the GPU. It would protect established neighborhoods, but not promote infill development as much as the GPU or other alternatives (objective No. 1). It would provide only limited opportunities for live -work and artist spaces and small-scale manufacturing (objective No. 7). Reduced Park Demand Alternative The City's Park standard of 2 acres per 1,000 residents is not achieved under existing conditions and development allowed under the GPU would further exacerbate park and open space shortages. Without new parks, growth in any of the focus areas would exacerbate the current level of park deficiency either in or adjacent to disadvantaged communities. The areas proposed for substantial new residential development under the GPU were compared to the distribution of existing parks —location, size, and demand —to define the Reduced Park Demand Alternative. The Reduced Park Demand Alternative reduces residential growth by 11,225 units by eliminating or reducing residential land uses and intensity in the five focus areas. Overall, nonresidential square footage would be reduced by a total of approximately 2.8 million square feet within the focus areas compared to the proposed GPU. The nonresidential square footage would increase, however, in two of the focus areas: 17th Street/Grand Avenue by 697,000 square feet, and South Bristol by 739,000 square feet. New residential growth under this alternative would largely be in currently planned areas that are generally near a substantial number of existing park facilities. Some residential growth would be introduced into two focus areas at substantially lower intensities to reduce the potential impact on park facilities. Changes to the focus areas are as follows: ■ South Main Street. This focus area would remain as currently planned as a commercial corridor (GC) instead of Urban Neighborhood (UN) and District Center (DC) to reduce intensity Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 83 12//'' / 021 Of v ri ing onsiderations -60- October 2021 so that there are no additional units constructed beyond existing conditions; there is a significant presence of EJ communities that are served by parks, but the existing parks are very small. ■ South Bristol Focus Area. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 2,273 units on sites that are more than a half mile from existing parks (generally west of Bristol and south of MacArthur Boulevard). ■ Grand Avenue/17th Street. Stay as currently planned as a lower density residential (LR-7) and commercial corridor (GC) to reduce intensity so that there are no additional units constructed beyond existing conditions, because much of the focus area is more than a half mile from existing parks. ■ West Santa Ana Boulevard. This focus area would remain as currently planned with lower density residential (LR-7) instead of Urban Neighborhood (UN) to reduce intensity so that no additional units are constructed beyond existing conditions; there is a significant presence of EJ communities with areas that are farther than a half mile from existing parks in this focus area. ■ 55 Freeway/Dyer Road. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 5,381 units because a majority of the area is more than a half mile from existing parks in Santa Ana; the reduced intensity would also reduce potential impacts on adjacent parkland in Tustin. Finding. The City Council rejects the Reduced Park Demand Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Recirculated PEIR. This alternative would result in similar impacts to 6 impact categories, reduced impacts to 12 categories, and increased impacts to 2 categories. Impacts would be similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would reduce the recreation impacts of the proposed GPU, as it was designed to do, and would improve the park acres/resident ratio compared to the proposed GPU. Recreation impacts to disadvantaged communities would also be reduced. Given the lack of available land for new parks, however, it would not eliminate the significant, unavoidable impact of the project. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 84 12L211202� i in nsiderations -61-October 021 population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. This alternative would attain some of the project's objectives. It would promote infill development to a lesser extent than the GPU and would protect established neighborhoods (Objective 1), and would also develop opportunities of live -work, artist spaces, and small-scale manufacturing (Objective 7). Given the substantial reduction in housing units, it was also concluded that it would not meet Objectives 2 and 3, to maximize high density residential development and mixed use proximate to potential mass transit use (Objective 2) and to maximize affordable housing and achieve City and regional housing goals (Objective 3). It would, however, achieve Objectives 4 through 6, but to a lesser extent than the proposed GPU. With new opportunities eliminated in three focus areas and the reduced opportunities in the 55 Freeway /Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities and may not be as economically feasible in terms of funding community benefits. It would provide mixed - use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. C. ENVIRONMENTALLY SUPERIOR ALTERNATIVE CEQA requires a lead agency to identify the "environmentally superior alternative" and, in cases where the "No Project" Alternative is environmentally superior to the GPU, the environmentally superior development alternative must be identified. One alternative has been identified as "environmentally superior" to the GPU: ■ The RTP/SCS Consistency Alternative is concluded to be the environmentally superior alternative. The No Project alternative is not environmentally superior to the proposed GPU. Both the Reduced Density and RTP/SCS alternatives reduce environmental impacts in comparison to the GPU, but the RTP/SCS reduces more impacts and eliminates a significant, unavoidable impact of the GPU. This alternative was designed to eliminate the significant population impact of the GPU, but it also reduces potential future development more than any of the other alternatives. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 85 12(/�' / 021 Of v ri ing onsiderations -62- UCtODer 2021 VII. STATEMENT OF OVERRIDING CONSIDERATIONS A. INTRODUCTION The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the PEIR for General Plan Update (project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: a. CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed project against the unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 86 12//'' / 021 Of v ri ing onsiderations -63- October 2021 with respect to these impacts. The City also has examined alternatives to the proposed project, none of which both meets the project objectives and is environmentally preferable to the proposed project, for the reasons discussed in the Findings and Facts in Support of Findings. The City of Santa Ana, as the Lead Agency for this project, and having reviewed the PEIR for the GPU, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. B. OVERRIDING CONSIDERATIONS The City, after balancing the specific economic, legal, social, technological, and other benefits of the project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the project, and each of which, standing alone, is sufficient to support approval of the project, in accordance with CEQA Section 21081(b) and CEQA Guidelines Section 15093. The specific economic, legal, social, technological, or other benefits of the project are as follows: 1. The community, land use, and public services elements of the project encourage healthy lifestyles, a planning process that ensures that health impacts are considered, and policies and practices that improve the health of residents. The policies also affirm and support a socially and economically diverse community with equitable distribution of resources. 2. Implementation of the GPU fulfills one of the key strategies identified in the Santa Ana Strategic Plan in the completion of a comprehensive update of the existing General Plan. 3. The project improves the jobs -housing balance; the ratio of 1.5 would give the city a more equal distribution of employment and housing. The population growth resulting directly from the proposed GPU would be offset by the level of employment opportunity provided to the city's residents and workers commuting into Santa Ana. 4. The project results in a reduction of vehicle miles traveled per service population (VMT/SP) and a reduction in related traffic congestion, air quality, and greenhouse gas emissions compared with existing conditions because the GPU includes policies that promote the reduction of VMT. Policy 2.5 of the land use element encourages infill mixed -use development at all ranges of affordability to reduce VMT, and policy 4.5 aims to concentrate development along high -quality transit corridors. Policy 4.6 of the circulation element promotes reductions in automobile trips and VMT by encouraging transit use and nonmotorized transportation as alternatives to augmenting roadway capacity. 5. The project provides additional housing to support the regionally forecasted increase in economic activities and employment increases. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 87 12//'' / 021 Of v ri ing onsiderations -64- October 2021 6. Implementation of the project would introduce policies and actions that address the importance of protecting the health of residents and the environment by improving air quality, reducing greenhouse gas emissions, and encouraging active transportation. 7. The project implements the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) land use policies related to population and housing by providing additional housing near employment centers. 8. The project facilitates the economic development of the city by promoting development that is mixed use, pedestrian friendly, transit oriented, and clustered around activity centers through new and infill residential development. Additionally, the proposed project would improve the city's jobs/housing balance by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. 9. Implementation of the project would coordinate air quality planning efforts to meet state and federal ambient air quality standards by considering the goals of the Climate Action Plan in all major decision on land use and public infrastructure investment and investing in low- to zero -emission vehicles. These policies also promote development that meets or exceeds standards for energy -efficient building design, and the consideration of sensitive of potential emission sources on sensitive uses. 10. The project promotes economic growth and diversity within the city. The economic prosperity element of the GPU includes policies related to improving Santa Ana's economy and its role within the region. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 88 12//'' / 021 Of v ri ing onsiderations -65- October 2021 Vill. RESOLUTION REGARDING CERTIFICATION OF THE PEIR The City of Santa Ana finds that it has reviewed and considered the Final Recirculated PEIR in evaluating the proposed project, that the Final Recirculated PEIR is an accurate and objective statement that fully complies with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment of the City. The City of Santa Ana declares that no new significant information, as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Recirculated Draft PEIR that would require further recirculation. The City of Santa Ana certifies the PEIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions: Findings: The following significant environmental impacts have been identified in the PEIR and will require mitigation as set forth in Section V of this Resolution but cannot be mitigated to a level of insignificance: air quality (project -related and cumulative), cultural resources (project - related), greenhouse gas emissions (project -related), noise (project -related), population and housing (project -related), recreation (project -related). Conclusions 1. Except the impacts (stated above) relating to air quality, cultural resources, greenhouse gas, noise, population and housing, and recreation all significant environmental impacts from the implementation of the proposed project have been identified in the PEIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance. 2. Other alternatives to the proposed project, which could potentially achieve the basic objectives of the proposed project, have been considered and rejected in favor of the proposed project. 3. Environmental, economic, social, and other considerations and benefits derived from the development of the proposed project override and make infeasible any alternatives to the proposed project or further mitigation measures beyond those incorporated into the proposed project. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 89 12//'' / 021 Of v ri ing onsiderations -66- October 2021 IX. RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PLAN Pursuant to Public Resources Code section 21081.6, the City of Santa Ana hereby adopts the Mitigation Monitoring and Reporting Plan attached to this Resolution as Exhibit A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control. Santa Ana General Plan Update CE Of ve 1 i i5 4 FactanStatement41 — 90 12October /?02� �ri ing onsiderations -67- 021 X. RESOLUTION REGARDING CONTENTS AND CUSTODIAN OF RECORDS The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Santa Ana Planning Division Counter. The custodian for these records is the City of Santa Ana. This information is provided in compliance with Public Resources Code section 21081.6. The record of proceedings for the City's decision on the project consists of the following documents, at a minimum: 1. The NOP and all other public notices issued by the City in conjunction with the project. 2. The Draft PEIR for the Santa Ana General Plan Update. 3. All comments submitted by agencies or members of the public during the 45-day comment period on the Draft PEIR and the 20-day extension to the comment period. 4. The Final PEIR for the Santa Ana General Plan Update, including comments received on the Draft PEIR, responses to those comments, and technical appendices. 5. The Recirculated Draft PEIR for the Santa Ana General Plan Update. 6. All comments submitted by agencies or members of the public during the 45-day comment period on the Recirculated Draft PEIR. 7. The Final Recirculated PEIR for the Santa Ana General Plan Update, including comments received on the Recirculated Draft PEIR, responses to those comments, and technical appendices. 8. The Mitigation Monitoring and Reporting Plan for the project. 9. All findings, resolutions, and ordinances adopted by the City in connection with the General Plan Update, and all documents cited or referred to therein. 10. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Santa Ana General Plan Update. 11. All documents submitted to the City by other public agencies or members of the public in connection with the General Plan Update PEIR up through project approval. Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. 12. Any documents expressly cited or referenced in these findings, in addition to those cited above. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 91 12/' / 021 Of v ri ing onsiderations -68- October 2021 13. Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The following location is where the record may be reviewed: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 This page intentionally left blank. Santa Ana General Plan Update CE i i i5 4 FactanStatement41 — 92 12//2 11 / 0211 Of ve � ri ing onsiderations -69- October 2021 EXHIBIT C October 2021 1 Mitigation Monitoring and Reporting Program Santa Ana General Plan Update City of Santa Ana Prepared for: City of Santa Ana Contact: Melanie G. McCann, Principal Planner 20 Civic Center Plaza Santa Ana, CA 92702 mmccann@santa-ana.org Prepared by: PlaceWorks Contact: JoAnn Hadfield, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com City Council 41 — 93 12/21/2021 City Council 41 — 94 12/21/2021 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Section Page 1. INTRODUCTION.............................................................................................................................. 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT SUMMARY......................................................................................................................................... 2 1.3 PROJECT LOCATION....................................................................................................................................... 5 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION........................................................... 6 List of Tables Table Page Table 1-1 Proposed Land Use Designations and Statistics.............................................................................. 3 Table 1-2 Buildout Statistical Summary.............................................................................................................. 5 Table 1-3 Mitigation Monitoring and Reporting Requirements...................................................................... 7 City Council October 2021 41 — 95 12/21 /2021 Page i GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program This page intenlionalyleft blank. City Council Page ii 41 — 96 12/21 /2021 PlaceWorks 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle to monitor mitigation measures and conditions of approval outlined in the Final Recirculted Program Environmental Impact Report. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Santa Ana monitoring requirements. Section 21081.6 states: (a) When making the findings required by paragraph (1) of subdivision subsection (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead City Council October 2021 41 — 97 12/21 /2021 Page 1 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law. The MMRP will serve to document compliance with adopted/certified mitigation measures that are formulated to minimize impacts associated with future development that would be accommodated by the Santa Ana General Plan. 1.2 PROJECT SUMMARY The GPU is the comprehensive update of the Santa Ana General Plan. The purpose of the General Plan Update is to comprehensively update the 1982 plan to reflect current conditions, establish a shared vision of the community's aspirations, and create the policy direction to guide Santa Ana's long-term planning and growth over the next two decades. The General Plan Update will include the City's future development goals and will provide policy statements to achieve those goals. Implementation actions related to each goal or policy will be included as a separate Implementation Plan to ensure successful monitoring of progress as a community. Furthermore, the GPU will focus on five areas in Santa Ana that are better suited for future development or overall improvement. These focus areas are: ■ South Main Street ■ Grand Avenue/ 17th Street ■ West Santa Ana Boulevard ■ 55 Freeway/Dyer Road ■ South Bristol Street General Plan Update The updated General Plan is organized into three sections: Services and Infrastructure (1), Natural Environment (II), and Built Environment (III). The proposed GPU addresses the seven topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements. The 12 proposed elements of the GPU will replace 16 existing elements. The GPU will incorporate the current 2014-2021 Housing Element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in late 2021 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed GPU are: City Council 41 — 98 12/21 /2021 Page 2 PlaceWorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mandatory Topics ■ Land Use Element ■ Circulation Element ■ Housing Element ■ Open Space Element ■ Conservation Element ■ Safety Element ■ Noise Element Mitigation Monitoring and Reporting Program Optional Topics ■ Public Services Element ■ Urban Design Element ■ Community Element ■ Economic Prosperity Element ■ Historic Preservation Element The GPU will guide growth and development (e.g., infill development, redevelopment, and revitalization/restoration) in the plan area by designating land uses in the proposed land use map and through implementation of updated goals and policies of the GPU. Table 1-1 outlines the proposed land use designations under the GPU. Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Grand Avenue/17th Street 171.5 - District Center 23.7 13.8 General Commercial 19.9 11.6 Industrial/Flex 7.1 4.1 Open Space 1.1 0.6 Urban Neighborhood 119.7 69.8 55 Freeway/Dyer Road 354.5 - District Center 158.0 44.6 General Commercial 68.0 19.2 Industrial/Flex 127.4 35.9 Open Space 1.1 0.3 South Bristol Street 199.9 - District Center 108.3 54.2 Open Space 6.0 3.0 Urban Neighborhood 85.7 42.9 South Main Street 312.2 - Industrial/Flex 29.0 9.3 Institutional 19.2 6.1 Low Density Residential 162.3 52.0 City Council October 2021 41 - 99 12/21 /2021 Page 3 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Urban Neighborhood 101.7 32.6 West Santa Ana Boulevard 481.6 - Corridor Residential 10.0 2.1 General Commercial 21.5 4.5 Industrial/Flex 87.9 18.3 Institutional 45.5 9.4 Low Density Residential 108.1 22.4 Low -Medium Density Residential 6.8 1.4 Medium Density Residential 27.0 5.6 Open Space 133.6 27.7 Professional and Administrative Office 6.2 1.3 Urban Neighborhood 35.0 7.3 Balance of City 11,598.8 - District Center 124.2 1.1 General Commercial 424.2 3.7 Industrial 2,159.6 18.6 Institutional 886.7 7.6 Low Density Residential 6,173.3 53.2 Low -Medium Density Residential 429.0 3.7 Medium Density Residential 335.3 2.9 One Broadway Plaza District Center 4.1 0.0 Open Space 793.8 6.8 Professional and Administrative Office 260.4 2.2 Urban Neighborhood 4.1 0.0 Not Specified 4.1 0.0 Total 13,118.5 100% Source: Figures aggregated and projected by PlaceWorks, 2020. The full buildout scenario is analyzed in comparison to existing conditions. Table 1-2 details buildout statistics. Similarly, the PEIR provides conclusions regarding impact significance for this scenario for both the proposed GPU and project alternatives. City Council Page 4 41 - 100 12/21 /2021 PlaceVorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mitigation Monitoring and Reporting Program Table 1-2 Buildout Statistical Summary PLANNING AREA BUILDOUT I Housing Units Bldg. Sq. Ft.' Jobs FOCUS AREAS 23,955 15,684,285 35,044 55 Freeway/Dyer Road 9,952 6,142,283 13,302 Grand Avenue/17th Street 2,283 703,894 1,622 South Bristol Street 5,492 5,082,641 11,192 South Main Street 2,308 946,662 2,151 West Santa Ana Boulevard 3,920 2,808,805 6,777 SPECIFIC PLAN / SPECIAL ZONING 20,524 16,958,445 39,702 Adaptive Reuse Overlay Zone2 1,260 976,935 2,567 Bristol Street Corridor Specific Plan 135 143,139 282 Harbor Mixed Use Transit Corridor Specific Plan 4,622 1,967,982 1,578 MainPlace Specific Plan 1,900 2,426,923 5,380 Metro East Mixed -Use Overlay Zone 5,551 4,685,947 12,258 Midtown Specific Plan 607 1,818,253 4,615 Transit Zoning Code 6,449 4,939,266 13,022 ALL OTHER AREAS OF THE CITY3 70,574 40,325,086 95,670 CITYWIDE TOTAL 115,053 72,967,816 170,416 Source: City of Santa Ana 2020. 1 Only includes nonresidential building square footage. 2 The figures shown on the row for the Adaptive Reuse Overlay represents parcels that are exclusively in the Adaptive Reuse Overlay boundary. Figures for parcels that are within the boundaries of both the Adaptive Reuse Overlay Zone and a specific plan, other special zoning, or focus area boundary are accounted for in the respective specific plan, other special zoning, or focus area. 3 The City has included an assumption for growth on a small portion (5 percent) of residential parcels through the construction of second units, which is distributed throughout the city and is not concentrated in a subset of neighborhoods. Additional growth includes known projects in the pipeline and an increase of 10 percent in building square footage and employment for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. 1.3 PROJECT LOCATION The City of Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of the city of Newport Beach. The city is bordered by the city of Orange and unincorporated areas of Orange County to the north, the city of Tustin to the east, the cities of Irvine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel within its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. City Council 41 - 101 12/21/2021 October 2021 Page 5 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Draft PEIR and Recirculated Draft PEIR, specifications are made herein that identify the action required and the monitoring and reporting that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the MMRP. To effectively track and document the status of mitigation measures, a mitigation matrix has been prepared (see Table 1-3). City Council Page 6 41 — 102 12/21 /2021 PlaceWorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible I Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor 5.2 AIR QUALITY AQ-1 Prior to discretionary approval by the City of Santa Ana for Prior to Project Applicant City of Santa City of Santa development projects subject to CEQA (California Environmental discretionary and Construction Ana Building Ana Building Quality Act) review (i.e., non-exempt projects), project applicants shall approval Contractor Safety Division Safety prepare and submit a technical assessment evaluating potential project Division construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: • Use of nontoxic soil stabilizers to reduce wind erosion. • Apply water every four hours to active soil -disturbing activities. • Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. 41 103 129n91 October 2 �` cv PP g 77 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. AQ-2 Prior to discretionary approval by the City of Santa Ana for Prior to the Property Owner/ City of Santa City of Santa development projects subject to CEQA (California Environmental discretionary Developer Ana Building Ana Building Quality Act) review (i.e., non-exempt projects), project applicants shall approval Safety Division Safety prepare and submit a technical assessment evaluating potential project Division operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug- in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. Page 8 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. October 2 Page 9 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor AQ-3 Prior to discretionary approval by the City of Santa Ana, project Prior to future Property Owner/ City of Santa City of Santa applicants for new industrial or warehousing development projects that discretionary Developer Ana Building Ana Building 1) have the potential to generate 100 or more diesel truck trips per day project approval Safety Division Safety or have 40 or more trucks with operating diesel -powered transport Division refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. AQ-4 Prior to discretionary approval by the City of Santa Ana, if it is Prior to future Property Owner/ City of Santa City of Santa determined that a development project has the potential to emit discretionary Developer Ana Building Ana Building nuisance odors beyond the property line, an odor management plan project approval Safety Division Safety shall be prepared by the project applicant and submitted to the City of Division Santa Ana for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to: • Wastewater treatment plants Page 1 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • Composting, green waste, or recycling facilities • Fiberglass manufacturing facilities Painting/coating operations • Large -capacity coffee roasters • Food -processing facilities The odor management plan shall demonstrate compliance with the South Coast Air Quality Management District's Rule 402 for nuisance odors. The Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document prepared for the development project and/or incorporated into the project's site plan. 5.3 BIOLOGICAL RESOURCES BIO-1 For development or redevelopment projects that would disturb Concurrent with Project Applicant/ City of Santa City of Santa vegetated land or major stream and are subject to CEQA, a qualified submittal of site Developer Ana Building Ana Building biologist shall conduct an initial screening to determine whether a site- development plans Safety Division Safety Division specific biological resource report is warranted. If needed, a qualified and prior to the biologist shall conduct a field survey for the site and prepare a issuance of biological resource assessment for the project, including an grading permits assessment of potential impacts to sensitive species, habitats, and jurisdictional waters. The report shall recommend mitigation measures, as appropriate, to avoid or limit potential biological resource impacts to less than significant. 5.4 CULTURAL RESOURCES CUL-1 Identification of Historical Resources and Potential Project Prior to issuance Project City of Santa City of Santa Impacts. For structures 45 years or older, a Historical Resources of grading permits Applicant/ Ana Building Ana Building Assessment (HRA) shall be prepared by an architectural historian or Developer Safety Division Safety historian meeting the Secretary of the Interior's Professional Division October 2 age 11 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of Prior to any Property Owner City of Santa City of Santa the Interior's Standards for the Treatment of Historic Properties shall be disturbance of a or Project Ana Building Ana Building used to the maximum extent practicable to ensure that projects historical resource, Applicant/ Safety Division Safety involving the relocation, conversion, rehabilitation, or alteration of a as determined by Developer Division historical resource and its setting or related new construction will not the intensive -level impair the significance of the historical resource. Use of the Standards historical shall be overseen by an architectural historian or historic architect evaluation of a meeting the Secretary of the Interior's Professional Qualification property Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. Page 9 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-3 Documentation, Education, and Memorial ization. If the City Prior to the Project City of Santa City of Santa determines that significant impacts to historical resources cannot be issuance of Applicant/ Ana Building Ana Building avoided, the City shall require, at a minimum, that the affected historical grading permits, Developer Safety Division Safety resources be thoroughly documented before issuance of any permits and for any Division and may also require additional public education efforts and/or subsequent permit memorialization of the historical resource. Though demolition or involving alteration of a historical resource such that its significance is materially excavation to impaired cannot be mitigated to a less than significant level, recordation increased depth of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (NABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. October 2 7 age 13 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-4 For projects with ground disturbance—e.g., grading, excavation, Prior to the Project City of Santa City of Santa trenching, boring, or demolition that extend below the current grade— issuance of Applicant/ Ana Building Ana Building prior to issuance of any permits required to conduct ground -disturbing grading permits Developer Safety Division Safety activities, the City shall require an Archaeological Resources Division Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and Prior to any ground Project City of Santa City of Santa impacts cannot be avoided, a Phase II Testing and Evaluation disturbing activities Applicant/ Ana Building Ana Building investigation shall be performed by an archaeologist who meets the Developer Safety Division Safety Secretary of the Interior's Standards to determine significance prior to Division any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). Page 14 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-6 If the archaeological assessment did not identify archaeological Prior to Project City of Santa City of Santa resources but found the area to be highly sensitive for archaeological construction Applicant/ Ana Building Ana Building resources, a qualified archaeologist and a Native American monitor activities Developer Safety Division Safety approved by a California Native American Tribe identified by the Native Division American Heritage Commission as culturally affiliated with the project area shall monitor all ground -disturbing construction and pre - construction activities in areas of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. October 2 7 age 15 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-7 If an Archaeological Resources Assessment does not identify Prior to Project City of Santa City of Santa potentially significant archaeological resources but the site has construction Applicant/ Ana Building Ana Building moderate sensitivity for archaeological resources (Mitigation Measure activities Developer Safety Division Safety CUL-4), an archaeologist who meets the Secretary's Standards shall Division be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. 5.6 GEOLOGY AND SOILS GEO-1 High Sensitivity. Projects involving ground disturbances in previously During ground Project City of Santa City of Santa undisturbed areas mapped as having "high" paleontological sensitivity disturbing activities Applicant/ Ana Building Ana Building shall be monitored by a qualified paleontological monitor on a full-time Developer Safety Division Safety basis. Monitoring shall include inspection of exposed sedimentary units Division during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities.. Page 16 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for Prior to the Project City of Santa City of Santa projects involving ground disturbance in previously undisturbed areas issuance of Applicant/ Ana Building Ana Building mapped with "low -to -high" paleontological sensitivity (see Figure 5.6-3), grading permits Developer Safety Division Safety the project applicant shall consult with a geologist or paleontologist to Division confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or During ground Project City of Santa City of Santa geologic formation, construction work shall halt within a 50-foot radius disturbing activities Applicant/ Ana Building Ana Building of the find until its significance can be determined by a qualified Developer Safety Division Safety paleontologist. Significant fossils shall be recovered, prepared to the Division point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 5.7 GREENHOUSE GAS EMISSIONS GHG-1 The City of Santa Ana shall update the Climate Action Plan (CAP) Every five years City of Santa City of Santa City of Santa every five years to ensure the City is monitoring the plan's progress Ana Building Ana Building Ana Building toward achieving the City's greenhouse gas (GHG) reduction target Safety Division in Safety Division Safety and to require amendment if the plan is not achieving the specified coordination with Division level. The update shall consider a trajectory consistent with the GHG Project emissions reduction goal established under Executive Order S-03-05 Applicant/ for year 2050 and the latest applicable statewide legislative GHG Developer emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following: October 2 age 17 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • GHG inventories of existing and forecast year GHG levels. • Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of Executive Order S-03-05. • Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP: • Administration and Staffing • Finance and Budgeting ■ Timelines for Measure Implementation ■ Community Outreach and Education ■ Monitoring, Reporting, and Adaptive Management ■ Tracking Tools Furthermore, the following measures will be considered when the City updates the Climate Action Plan: • Measures to protect the most vulnerable populations • Measure to increase carbon sinks • Standards for electric vehicle parking • Standards for construction projects 5.12 NOISE N-1 Construction contractors shall implement the following measures for Prior to issuance Project City of Santa City of Santa construction activities conducted in the City of Santa Ana. Construction of demolition, Applicant/ Ana Building Ana Building plans submitted to the City shall identify these measures on demolition, grading, and/or Developer and Safety Division Safety grading, and construction plans submitted to the City: The City of Santa building permits Architect Division Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, Page 1 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise - sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the October 2 7 age 19 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. N-2 Prior to issuance of a building permit for a project requiring pile driving Prior to the Project City of Santa City of Santa during construction within 135 feet of fragile structures, such as historical issuance of Applicant/ Ana Building Ana Building resources, 100 feet of non -engineered timber and masonry buildings building permits Developer Safety Division Safety (e.g., most residential buildings), or within 75 feet of engineered concrete Division and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. N-3 New residential projects (or other noise -sensitive uses) located within Prior to the Project City of Santa City of Santa 200 feet of existing railroad lines shall be required to conduct a issuance of Applicant/ Ana Building Ana Building groundborne vibration and noise evaluation consistent with Federal building permits Developer Safety Division Safety Transit Administration (FTA)-approved methodologies. Division Page 2 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor N-4 During the project -level California Environmental Quality Act (CEQA) Prior to the Project City of Santa City of Santa process for industrial developments under the General Plan Update or issuance of Applicant/ Ana Building Ana Building other projects that could generate substantial vibration levels near building permits Developer and Safety Division Safety sensitive uses, a noise and vibration analysis shall be conducted to Acoustical Division assess and mitigate potential noise and vibration impacts related to the Engineer operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. 5.15 RECREATION REC-1 The City shall monitor new residential development within the Dyer/55 Prior to the Project City of Santa City of Santa Fwy focus area. Development proposals for projects including 100 or issuance of Applicant/ Ana Building Ana Building more residential units shall be required to prepare a public park occupancy permits Developer Safety Division Safety utilization study to evaluate the project's potential impacts on existing Division public parks within a one half (1/2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. 5.16 TRIBAL CULTURAL RESOURCES CUL-4 For projects with ground disturbance—e.g., grading, excavation, Prior to the Project City of Santa I City of Santa I trenching, boring, or demolition that extend below the current grade— issuance of Applicant/ Ana Building Ana Building prior to issuance of any permits required to conduct ground -disturbing grading permits Developer Safety Division October 2 age 21 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor activities, the City shall require an Archaeological Resources Safety Assessment be conducted under the supervision of an archaeologist Division that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and Prior to any ground Project City of Santa City of Santa impacts cannot be avoided, a Phase II Testing and Evaluation disturbing activities Applicant/ Ana Building Ana Building investigation shall be performed by an archaeologist who meets the Developer Safety Division Safety Secretary of the Interior's Standards to determine significance prior to Division any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). CUL-6 If the archaeological assessment did not identify archaeological Prior to Project City of Santa City of Santa resources but found the area to be highly sensitive for archaeological construction Applicant/ Ana Building Ana Building resources, a qualified archaeologist shall monitor all ground -disturbing activities Developer Safety Division Safety construction and pre -construction activities in areas with previously I I I I Division Page 2 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards, and tribal consultation shall be conducted in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. CUL-7 If an Archaeological Resources Assessment does not identify Prior to Project City of Santa City of Santa potentially significant archaeological resources but the site has construction Applicant/ Ana Building Ana Building moderate sensitivity for archaeological resources (Mitigation Measure activities Developer Safety Division Safety CUL-4), an archaeologist who meets the Secretary's Standards shall Division be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any October 2 age 23 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Page 24 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program This page intentionally left blank. October 2 age 25 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-06 FOR THE COMPREHENSIVE UPDATE TO THE SANTA ANA GENERAL PLAN WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and WHEREAS, in 1982, the City of Santa Ana last completed a comprehensive update to the General Plan; and WHEREAS, various elements of the General Plan have been amended and adopted from time to time; and WHEREAS, the City of Santa Ana seeks to adopt a comprehensive update to the Santa Ana General Plan ("project" or "General Plan Update"); and WHEREAS, the General Plan Update identified the following five focus areas for potential change and new growth: South Main Street, Grand Avenue/17th Street, West Santa Ana Boulevard, 55 Freeway/Dyer Road, and South Bristol Street; and WHEREAS, the total long-term potential growth within these focus areas is estimated at 17,575 new housing units, 2,263,130 non-residential building square footage, and 6,616 jobs; and WHEREAS, the General Plan Update also requires the certification of the Final Recirculated Program Environmental Impact Report and related documents that have been completed for the project, which approval will be concurrent with the approval of the General Plan Update; and WHEREAS, pursuant to SB 1000, the City is required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and WHEREAS, the goals, policies, and implementation items associated with environmental justice have been selectively placed within the majority of the updated General Plan Update; and WHEREAS, the project as currently proposed entails, among other things, (1) the revision to the State mandated Elements of the General Plan; (2) the inclusion of optional Elements to the General Plan; and (3) approval of General Plan Amendment Resolution No. 2021-XXX City Council 41 — 122 12/21V20Ti of 5 (GPA) No. 2020-06, which would result in a comprehensive update to the existing General Plan; and WHEREAS, the General Plan is a community -wide vision document that is intended to address and respond to community needs, with staff conducting outreach with community members about the process to as wide an audience as possible; and WHEREAS, over the past six years, an extensive public outreach campaign to engage the public was conducted to supplement the feedback, input and direction for the comprehensive update to the General Plan. Early public outreach efforts included hosting over 60 community meetings and workshops; hosting individual community workshops within each of the five Focus Areas with over 300 residents, business leaders, and community stakeholders participating in the workshops; distributing an online community survey with over 650 respondents to collect input on the content of the General Plan; the mailing of approximately 44,000 informational flyers to property owners and tenants; presentations at neighborhood Communication Linkages (CommLink) meetings; outreach meetings with Environmental Justice groups (Madison Park Neighborhood Association, Logan Neighborhood Association, Artesia-Pilar Neighborhood Association); and attendance at approximately 100 CARES events within environmental justice communities to discuss the General Plan Update with residents; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Draft Program Environmental Impact Report ("Draft PEIR") that was prepared for the General Plan Update (State Clearinghouse No. 2020029087), at which the Planning Commission voted not to certify the Draft PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities and in view of the COVID-19 pandemic; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR") was prepared as a supplemental analysis to the original Draft PEIR to reflect updates to the General Plan Update and based on an intensive, extended community outreach program conducted by the City between January and May 2021; and . WHEREAS, in collaboration with neighborhood and community serving organizations, the City reached out through direct mailers, yard signs, and social media to promote awareness of the General Plan Update, and participation in an EJ survey and 10 EJ virtual community forums. In August 2021, an in -person Open House was hosted to share results of outreach, EJ partnerships, and proposed General Plan policies and programs focused on improving environmental health and quality of life in EJ communities; and WHEREAS, during the public comment period, Planning work-study sessions were held on August 9, 2021, and August 23, 2021, and a public hearing on September 13, 2021; and Resolution No. 2021-XXX City Council 41 — 123 12/2192024 of 5 WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, at which hearing members of the public were afforded an opportunity to comment. After hearing all relevant testimony from staff, the public, and the City's consultant team, the City Council voted to certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project. The City Council hereby incorporates by reference, as if fully set forth herein, Resolution No. 2021-XXX certifying the Recirculated PEIR and adopting the findings of fact, statement of overriding considerations and mitigation monitoring and reporting program for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The General Plan Amendment consists of amendments to 11 Elements of the General Plan and text updates, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has concurrently reviewed, certified and adopted the Final Recirculated Program Environmental Impact Report, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for General Plan Amendment No. 2020-06, attached respectively as Exhibits B, C, and D. The City hereby finds and determines that all potential environmental impacts of the project, including the amendments to the General Plan, have been fully analyzed in the PEIR. No new or additional mitigation measures or alternatives are required. There is no substantial evidence in the administrative record to support a fair argument that the project may result in any significant environmental impacts beyond those analyzed in the certified PEIR. Section 4. The General Plan Amendment, Recirculated Final Program Environmental Impact Report and all supporting documents are online, and on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 5. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana. Resolution No. 2021-XXX City Council 41 — 124 12/2192024 of 5 Section 6. The current General Plan will be consolidated into 12 elements, with 11 Elements being comprehensively updated including the Community Element, the Mobility Element, the Economic Prosperity Element, the Public Services Element, the Conservation Element, the Open Space Element, the Noise Element, the Safety Element, the Land Use Element, the Historic Preservation Element, and the Urban Design Element. Section 7. The Housing Element is on a separate update schedule and will be updated in 2022 in compliance with State law. Section 8 The new and updated goals/objectives and policies of the General Plan will be coordinated and consistent throughout the General Plan document. Section 9. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment is a comprehensive update to the existing General Plan that is intended to address issues such as incompatible land uses on adjacent properties, inconsistencies between General Plan goals or policies, and will mitigate adverse impacts to the environment. Section 10. The City Council hereby approves General Plan Amendment No. 2020-06 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. The General Plan Amendment shall not take effect unless and until Environmental Impact Report No. 20200029087 is certified by the City Council. B. General Plan Amendment No. 2020-06 shall not take effect unless and until the City Council overrules the Determination of Inconsistency by the Airport Land Use Commission of Orange County. Section 11. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of )2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 41 — 125 12/21V20Ti of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 41 — 126 12/21V20T1 of 5 EXHIBIT All materials for Exhibit A may be accessed at https://www.santa-ana.org/general- plan/draft-documents and are also on file and available at the City's Planning and Building Agency. City Council 41 — 127 12/21/2021 EXHIBIT B All materials for Exhibit B may be accessed at: https://www.santa-ana.org/general- plan/general-plan-environmental-documents and are also on file and available at the City's Planning and Building Agency. City Council 41 — 128 12/21/2021 Exhibit C CEQA FINDINGS OF FACT FOR THE SANTA ANA GENERAL PLAN UPDATE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT City of Santa Ana STATE CLEARINGHOUSE NO. 2020029087 INTRODUCTION The California Environmental Quality Act ("CEQA") requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report ("EIR") prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 129 12L211202� i in nsiderations -1- c o er 021 (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta ll).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001 ["an alternative 'may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record"'].) An alternative may also be rejected because it "would not 'entirely fulfill' [a] project objective." (Citizens for Open Government v. City of Lodi (2012) 205 Cal.AppAth 296, 314-315.) "[l=]easibility" under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta Il, supra, 52 Cal.3d at p. 576.) When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides: Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 130 12/' / 021 Of v ri ing onsiderations -2- UCtODer 2021 (a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Having received, independently reviewed, and considered the Draft Program Environmental Impact Report ("Draft PEIR"), the Final Program Environmental Impact Report ("Final PEIR), the Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR"), and the Final Recirculated Program Environmental Impact Report ("Final Recirculated PEIR") for the Santa Ana General Plan Update, SCH No. 2020029087 (collectively, the "PEIR"), as well as all other information in the record of proceedings on this matter, the following Findings of Facts ("Findings") are hereby adopted by the City of Santa Ana ("City") in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Santa Ana General Plan Update ("Proposed Project"). This action includes the certification of the following: ■ Santa Ana General Plan Update Program Environmental Impact Report, SCH No. 2020029087 A. DOCUMENT FORMAT These Findings have been organized into the following sections: 1) Section I provides an introduction. 2) Section II provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. Santa Ana General Plan Update CE 1 i i5 4 FactanStatement41 — 131 12//2 11 / 0211 Of ve � ri ing onsiderations -3- October 2021 3) Section III provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section IV sets forth findings regarding the environmental impacts that were determined to be —as a result of the Notice of Preparation (NOP) and consideration of comments received during the NOP comment period —either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed project. 5) Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the PEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program ("MMRP") for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. Section V also includes findings regarding those significant or potentially significant environmental impacts identified in the PEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section VI sets forth findings regarding alternatives to the proposed project. 7) Section VI sets forth the statement of overriding considerations for the proposed project. 8) Section VIII sets forth the resolution regarding certification of the PEIR 9) Section IX sets for the resolution adopting a mitigation and monitoring plan for the proposed project. 10) Section X sets for the resolution regarding custodian of records for the proposed project. B. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The Draft PEIR for the proposed project ■ The Recirculated Draft PEIR Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 132 12L21t/?b02� i in nsiderations -4- c o er 021 ■ The Final PEIR for the proposed project ■ The Final Recirculated PEIR for the proposed project including the Updated Draft PEIR (Volume II and III of the Final Recirculated PEIR) ■ All written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft PEIR, Recirculated Draft PEIR, Final PEIR and Final Recirculated PEIR ■ The Resolutions adopted by the City of Santa Ana in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Santa Ana, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Santa Ana Planning Division Counter. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Santa Ana Planning Division, 20 Civic Center Plaza, M-20, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 133 12/' / 021 Of v ri ing onsiderations -5- 6ctoDer 2021 Santa Ana, CA 92701. The City's Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division Counter. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 134 12/' / 021 Of v ri ing onsiderations -6- 6ctoDer 2021 II. PROJECT SUMMARY A. PROJECT LOCATION Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of Newport Beach. Orange County is surrounded by the counties of Los Angeles, San Bernardino, Riverside, and San Diego and is one of six counties comprising the Southern California Region. Santa Ana is bordered by Orange and unincorporated areas of Orange County to the north, Tustin to the east, Irvine and Costa Mesa to the south, and Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel in its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. Regional access to the city is provided by the Garden Grove Freeway (SR-22) and the Orange Freeway (SR-57) on the north, the Santa Ana Freeway (1-5) on the northeast, the Costa Mesa Freeway (SR-55) on the east, and the San Diego Freeway (1-405) on the south. B. PROJECT DESCRIPTION In March 2014, the City Council adopted the Santa Ana Strategic Plan. The Strategic Plan was the result of an extensive community outreach process and established specific goals, objectives, and strategies to guide the City's major efforts. One of the key strategies identified was to complete a comprehensive update of the existing General Plan. The General Plan Update (GPU) will provide long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045. The General Plan Update will identify areas of opportunity and provide options to enhance development potential in key areas of the city. It will also bring the city into compliance with recent State laws, reflect current conditions, and incorporate input from the general public, City staff, and other stakeholders. The proposed GPU is organized into three sections: I, Services and Infrastructure; 11, Natural Environment; and III, Built Environment. The proposed GPU addresses the eight topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements of the general plan. The 12 proposed elements of the GPU will replace the 16 elements of the current General Plan. The GPU will incorporate the current 2014-2021 housing element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in early 2022 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed General Plan update are: Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 135 12L2112b02� i in nsiderations -7- c o er 021 Mandatory Topics ■ Land Use Element ■ Circulation Element ■ Housing Element ■ Open Space Element ■ Conservation Element ■ Safety Element ■ Noise Element Optional Topics ■ Public Services Element ■ Urban Design Element ■ Community Element ■ Economic Prosperity Element ■ Historic Preservation Element The proposed GPU is comprehensive both in its geography and subject matter. It addresses the entire territory within the plan area's boundary and the full spectrum of issues associated with management of the plan area. The GPU also includes forecasts of long-term conditions and outlines development goals and policies; exhibits and diagrams; and the objectives, principles, standards, and plan proposals throughout its various elements. The GPU can be found online at https://www.santa-ana.org/general-plan. The General Plan Policy Framework can be accessed at https://www.santa-ana.org/sites/default/files/pb/general- plan/documents/General Plan PolicyFrameworkMaster.DRAFT. cmo2.pdf. Coordination and consistency are essential between the elements of the GPU, but in particular with the land use element. The circulation element, which identifies proposed improvements to the transportation system, may impact surrounding land uses and future development. The urban design element sets forth policies and programs to improve the city's design and urban form. The conservation element protects and maintains the city's natural, cultural, and other resources, with a focus on preserving aesthetics and the environmental quality of the city. Both the land use element and the circulation element are described in more depth below. Focus areas and specific plan/special zoning areas are also described. Updated Land Use Element The updated land use element will guide growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) within the plan area by designating land uses as shown in the proposed land use map. Figure 3-7 of the Updated Draft PEIR (Volume II of the Final Recirculated PEIR) shows the 13 proposed land use designations of the General Plan update, and Table 3-4 gives a general description of the land use designations that are added to the GPU and were not in the current General Plan. Land use designations define the type and nature of development that would be allowed in a given location of the plan area. The land use designations and patterns are intended to provide the basis for more detailed zoning designations and development intensities, requirements, and standards established in the City's development code. It is important to note that the updated land use element is a regulatory document that defines the framework for future growth and development in the plan area but does not directly result in Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 136 12/' / 021 Of v ri ing onsiderations -8- UCtODer 2021 development in and of itself. Before any project can be developed in the plan area, it must be analyzed for conformance with the General Plan Update, zoning requirements, and other applicable local and state requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits. Updated Circulation Element The circulation element update is integrally related to federal, state, and regional transportation programs as well as local plans and regulations. The City's role in transportation planning has become increasingly important because recent legislation in the areas of growth management, congestion management, and air quality require more active local coordination to meet regional objectives. Furthermore, the circulation element update is intended to guide future development of the city's transportation system in a manner consistent with the updated land use element. The Master Plan of Streets and Highways (MPSH) details proposed street classifications to reflect buildout of the city's roadway system. The street classifications include Freeway, Major Arterial, Primary Arterial, Secondary Arterial, Divided Collector Arterial, and Collector Arterial. As part of the implementation of complete streets principles,' a series of modifications to the city's roadway network has been identified and includes both the reclassification of roadways and assignment of new MPSH roadway classifications to selected existing streets. A number of proposed roadway reclassifications, adoptions, and removals from the MPSH are as follows: ■ Reclassified as Divided Collector Arterial: Santa Clara Avenue west of Tustin Avenue (currently Secondary Arterial) • Flower Street between Warner Avenue and 1 st Street (currently Secondary Arterial) • Chestnut Avenue between Standard Avenue and eastern city limit (currently Secondary/Primary Arterial) • Raitt Street between Segerstrom Avenue and Santa Ana Boulevard (currently Secondary Arterial) • Civic Center Drive between Fairview Street and Bristol Street (currently Secondary Arterial) • Penn Way between 1-5 on/off ramps and Washington Avenue (currently Secondary Arterial) • Santiago Street between 15th Street and 6th Street (currently Secondary Arterial) • Standard Avenue between 6th Street and Warner Avenue (currently Secondary Arterial) Complete streets are transportation facilities that are planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Santa Ana General Plan Update CE Of r5 �ac anStatement41 — 137 12/' / 02i inonsiderations -9- 6coer 2021 . Santa Ana Boulevard between French Street and Santiago Street (currently Primary Arterial) . Santa Ana Boulevard between Raitt Street and Flower Street (currently Major Arterial) . Cambridge Street between Fairhaven Avenue and SR-22 freeway (currently Local Arterial) Hazard Avenue between Euclid Street and Harbor Boulevard (currently Secondary Arterial) Halladay Avenue between Warner Avenue and Dyer Road (currently Secondary Arterial) McFadden Avenue between Harbor Boulevard and Grand Avenue (currently Secondary Arterial) Broadway between 1st Street and 17th Street (currently Secondary Arterial) 4th Street between French Street and Grand Avenue (currently Primary/Secondary Arterial) Fairhaven Avenue from Grand Avenue to Tustin Avenue (currently Secondary Arterial) ■ Reclassified as Primary Arterial: . Santa Ana Boulevard between Flower Street and Ross Street (currently a Major Arterial) 1st Street between Bristol Street and Tustin Avenue (currently Major Arterial) ■ Reclassify as Collector Arterial: Civic Center Drive between French Street and Santiago Street (currently a Secondary Arterial) ■ Add the following to the MPSH as Divided Collector Arterial: . Greenville Street between Segerstrom Avenue and Warner Avenue ■ Add the following to the MPSH as Collector Streets: . Civic Center Drive between Spurgeon Street and Santiago Street (currently Local Street) Broadway from Anahurt Street to Main Street (currently Local Road) ■ Remove the following from the MPSH . Memory Lane from the City Center Drive to SR-22 . Wright Street from 14th Street to Fruit Street . 4th Street from French Street to Ross Street . Washington Avenue from Broadway to Main Street 10th street from Broadway to Main Street Columbine Avenue from Main Street to 55 FWY Halladay street from Dyer Road to Alton pkwy Santa Ana General Plan Update CE i i i5 4 FactanStatement41 — 138 12//2 11 / 0211 Of ve � ri ing onsiderations -10- October 2021 The majority of the proposed reclassifications aim to reduce existing rights -of -way for vehicular traffic lanes to make room for bicycle and pedestrian improvements. Landmark streets are also identified within or adjacent to the Santa Ana Downtown Historic District, which is listed on the National Register of Historic Places. The circulation element update incorporates the proposed Santa Ana -Garden Grove Fixed Guideway project, which will introduce new transit service to the city. Santa Ana is working with Garden Grove and Orange County Transit Authority to build a fixed guideway system called the OC Streetcar. Expected to begin operations in 2021, the OC Streetcar will link the Santa Ana Regional Transportation Center to a new multimodal hub at Harbor Boulevard/Westminster Avenue in Garden Grove. OC Streetcar will serve historic downtown Santa Ana and Civic Center. Along its four -mile route, OC Streetcar will connect with 18 Orange County Transit Authority bus routes and increase transportation options along Santa Ana Boulevard, 4th Street, the Pacific Electric right-of-way, and Harbor Boulevard. Focus Areas 1. South Main Street Focus Area The South Main Street focus area introduces the opportunity for greater flexibility and a more dynamic mix of land uses and urban design along the properties fronting Main Street. The intent is to transition an auto -dominated corridor into a transit- and pedestrian -friendly corridor through infill development without disrupting the surrounding lower -density neighborhoods. The objectives of this focus area are: ■ Facilitate redevelopment and property improvements along Main Street. ■ Create a more active and dynamic streetscape. ■ Protect established residential neighborhoods. ■ Support transit, pedestrian, and nonmotorized travel. The majority of properties fronting Main Street will be designated Urban Neighborhood, allowing for future development to include commercial uses, low- and medium -density housing, or a combination of both in a vertically mixed -use format. South of Warner Avenue, the Industrial/Flex designation will offer new options for small-scale manufacturing, live -work, and retail opportunities. The balance of the focus area will remain designated for Low Density Residential or Institutional to reflect the existing development patterns and land uses. New buildings and spaces will be sensitive to the surrounding low -density neighborhoods while still emphasizing the creation of active and attractive urban spaces. 2. Grand Avenue / 17th Street Focus Area The Grand Avenue / 17th Street focus area will foster the development of an urban mixed -use corridor connecting into the city's downtown and transit core. The intent is to create opportunities Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 139 12L211202� i in nsiderations -11-October 021 for a new mix of land uses and design to transition Grand Avenue from a series of auto -oriented shopping plazas to a series of dynamic urban spaces. The objectives of this focus area are: ■ Create mixed -use corridors and urban villages. ■ Promote infill development while respecting established neighborhoods. ■ Foster community spaces and neighborhood -serving amenities. ■ Develop opportunities for live -work, artist spaces, and small-scale manufacturing. ■ Maintain compatible nodes of commercial activity. The majority of land in this focus area is planned for Urban Neighborhood or District Center land use designations, which will allow a blend of residential and commercial uses to develop simultaneously, as market conditions allow. An intense mixed -use area is envisioned adjacent to the Santa Ana Regional Transportation Center, along the east side of Grand Avenue south of 1-5. This part of the focus area will support larger, more visually dynamic buildings and urban spaces that complement and benefit from the adjacent regional transit center. North of 1-5, the buildings and spaces will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. A mix of residential, retail, and office will be interspersed along the frontage of Grand Avenue, with a concentrated node of commercial and mixed -use residential uses at Grand Avenue and 17th Street. A small portion of the focus area is designated for Industrial/Flex and General Commercial to support small-scale manufacturing, live -work, and retail opportunities will be located along 17th Street near the Regional Transportation Center. 3. West Santa Ana Boulevard Focus Area The West Santa Ana Boulevard focus area connects the Harbor Mixed Use Transit Corridor Specific Plan area and Downtown Santa Ana, and the OC Streetcar Project improvements will create the physical transit link in 2022. The intent is to transition a group of auto -oriented neighborhoods, businesses, and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. The objectives of this focus area are: ■ Develop housing and mixed -use opportunities near streetcar stations. ■ Promote infill development while respecting established neighborhoods. ■ Buffer industrial land uses and residential neighborhoods. ■ Create opportunities for clean industrial/maker-type spaces. 4. 55 Freeway / Dyer Road Focus Area The 55 Freeway / Dyer Road focus area will transition from almost exclusively professional office to a range of commercial, industrial/flex, and mixed -use development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities. The objectives of this focus area are: ■ Provide housing opportunities at an urban level of intensity at the city's edge. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 140 12/' / 021 Of v ri ing onsiderations -12- October 2021 ■ Enhance opportunities for corporate offices. ■ Attract economic activity into the city from surrounding communities. ■ Protect industrial and office employment base. ■ Maintain hotel and commercial uses. The overall scale and experience of the focus area along the freeway and city boundary will reflect an urban intensity and design, with inspiring building forms and public spaces. At the southeastern edge, the District Center land use designation will facilitate large residential mixed -use developments in structures that incorporate high -density housing, hotels, and complementary expansions of commercial uses. Adjacent to the 55 freeway, the Industrial/Flex land use designation will promote large-scale office -industrial flex spaces, multilevel corporate offices, and research and development uses. The node surrounding the freeway interchange will remain as currently planned for General Commercial uses, with new improvements introducing development and spaces that complement the existing examples and elements. South Bristol Street Focus Area The South Bristol Street focus area represents Santa Ana's southern gateway and is a part of the South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto -oriented shopping plazas to walkable, bike - friendly, and transit -friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. The objectives of this focus area are: ■ Capitalize on the success of the South Coast Metro area. ■ Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented. ■ Provide for mixed -use opportunities while protecting adjacent, established, low -density neighborhoods. Between MacArthur Boulevard and Alton Avenue, the form and intensity will scale down but remain distinctly urban in nature. The redevelopment of the auto -oriented commercial plazas will result in the construction of landmark buildings and structures set in and around spaces accessible to future occupants and the general public. The corridor north of Alton Avenue is planned with the Urban Neighborhood land use designation, allowing for commercial and residential projects, frequently in a mixed -use format, to develop in accordance with market fluctuations. The buildings and spaces in this part of the focus area will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 141 12/' / 021 Of v ri ing onsiderations -13- October 2021 Soecific Plan/Saecial Zonin There are seven planning areas that represent specific plans and other special zoning areas that were previously adopted: Adaptive Reuse Project Incentive Area (2014), Bristol Street Corridor Specific Plan (1991/2018), Harbor Mixed Use Transit Corridor Specific Plan (2014), MainPlace Specific Plan (2019), Metro East Mixed -Use Overlay Zone (2007/2018), Midtown Specific Plan (1996), and Transit Zoning Code Specific Development (2010). The most recent adoption/amendment date for each document is noted in parentheses. Adaptive Reuse Project Incentive Area The Adaptive Reuse Ordinance, Section 41-1651 of the Santa Ana Municipal Code, provides alternative building and fire standards for the conversion of eligible buildings, or portions thereof, from nonresidential uses to dwelling units, guest rooms or joint living, and work quarters. Eligible structures are buildings within the Adaptive Reuse project incentive area that were constructed in accordance with building and zoning codes in effect prior to July 1, 1974, or which have been determined to be a Historically Significant. The Project Incentive Area includes properties in the Midtown Specific Plan area; the Transit Zoning Code area; the Metro East Mixed -Use Overlay Zone; the North Main Street Corridor on both sides of Main Street, from 17th Street to the northernmost MainPlace Drive; and the East 1 st Street Corridor on both sides of 1 st Street from Grand Avenue to Elk Lane. Residential uses are allowed in the Project Incentive Area irrespective of the underlying zoning as part of an approved Adaptive Reuse Project. Harbor Mixed Use Transit Corridor Specific Plan The Harbor Mixed Use Transit Corridor Specific Plan covers the 2.5-mile segment of Harbor Boulevard on the west side of Santa Ana. The approximately 305-acre planning area includes parcels adjacent to Harbor Boulevard between Westminster Avenue and Lilac Avenue as well as parcels along Westminster Avenue, 1st Street, and 5th Street. The Harbor Mixed Use Transit Corridor Specific Plan creates the zoning necessary to take advantage of the regional and local transit investments made along and around Harbor Boulevard. The plan expands development options to include residential alongside or integrated into a mix of nonresidential uses. MainPlace Specific Plan The purpose of the MainPlace Specific Plan is to transform MainPlace mall into a family -oriented retail, entertainment, and dining destination. The plan creates a mixed -use urban village with a revitalized mall at its central core. The Specific Plan area is on the north edge of Santa Ana, between Main Street on the east and SR-22 and 1-5 to the north and west. The property is identified in the current General Plan land use element as District Center. The District Center designation includes the major activity areas of the city, designed to serve as anchors to the city's commercial corridors and to accommodate major development activity. No General Plan amendment is required for the specific plan, and the MainPlace Specific Plan is the zoning for the property and defines the allowable uses within its boundaries. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 142 12/' / 021 Of v ri ing onsiderations -14- October 2021 Metro East Mixed -Use Overlay Zone The Metro East Mixed Use (MEMU) Overlay Zone consists of an original MEMU Overlay Zone and an expansion component. The original MEMU Overlay Zone is largely developed with commercial and office uses and comprises approximately 200 acres immediately east of the 1-5 and immediately west of SR-55. It is bounded by 1-5 on the west and south, Tustin Avenue on the east, and East Sixth Street on the north. The MEMU expansion area added 33.52 acres or approximately 48 parcels to the original MEMU Overlay Zone area. The additional project area extends west primarily along First Street and is generally bounded by the 1-5 to the east, Grand Avenue to the west, East Chestnut Avenue to the south, and Fourth Street to the north. The overall objectives of the MEMU Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve the jobs/housing balance within the city, and provide for a range of housing options identified in the 2014 housing element. Midtown Specific Plan The Midtown Specific Plan area is generally bounded by 17th Street to the north, Civic Center Drive to the south, North Ross Street to the west, and North Spurgeon Street to the east. The Midtown area is readily accessible from the Santa Ana Freeway (1-5). Midtown is envisioned as an integrated district of civic, business, cultural, and retail activity with a small residential component. Transit Zoning Code Specific Development The City adopted a Transit Zoning Code to provide zoning for the integration of new infill development into existing neighborhoods; to allow for the reuse of existing structures; to provide for a range of housing options, including affordable housing; and to provide a transit -supportive, pedestrian -oriented development framework to support the addition of new transit infrastructure. The code encompasses an area in the central urban core of Santa Ana that comprises over 100 blocks and 450 acres. The area is west of 1-5 and bounded by First Street on the south, Flower Street on the west, Grand Avenue on the east, and Civic Center Drive on the north. General Plan Buildout Scenario In general, many areas currently designated for General Commercial and Professional Office will expand opportunities for residential development by a proposed change in General Plan land use designation to Urban Neighborhood or District Center. Industrial Flex will be introduced in each of the five focus areas and replace Industrial land use designations that currently exist to allow for cleaner industrial and commercial uses with live -work opportunities. Furthermore, state law allows a graduated density bonus for the inclusion of affordable housing units For an increasing amount of affordable units (by percentage), a project is allowed an increasing ability to exceed the permitted density (up to a cap of 35 percent). Recent updates to state housing law (Assembly Bill 1763, effective January 1, 2020), enables projects that are 100 Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 143 12/' / 021 Of v ri ing onsiderations -15- October 2021 percent affordable (either 100 percent lower income or 80 percent lower and 20 percent limited moderate), to obtain a density bonus of 80 percent, or no limit if within one-half mile of a major transit stop. However, not every proposed project pursuant to the GPU would include affordable units, and not every project that includes affordable units would need a density bonus. Proposed projects pursuant to the GPU are not required to build at densities that exceed maximum limits; the law only requires that jurisdictions grant the density bonus if requested. The buildout methodology for the GPU was based on past development trends, current development trends, and a forecast market analysis. These trends accounted for any units approved (density bonus or otherwise), to determine the appropriate density and amount of development to assume. Additionally, the optimal density of affordable units is at or below the density levels assumed for forecasting buildout. Generally, projects beyond 50 to 70 units per acre require Type 1 construction (steel and concrete structure), which is much more expensive than Type V construction (wood structure). Accordingly, affordable projects are rarely greater than 70 units per acre except for very small parcels. The average densities used to calculate projected buildout at 2045 are 50 to 90 units per acre in the three most intense focus areas; 55 Freeway/Dyer Road, Grand Avenue/17th Street, and South Bristol Street focus areas. For the remaining two focus areas, a residential assumption at 30 units per acre was used over a broad area to account for development at or above the maximum density of 30 units per acre. The maximum is 20 units per acre for projects proposed exclusively residential in the South Main Focus Area. The maximum is 30 units per acre for a relatively small part of the West Santa Ana Boulevard Focus Area. The City's buildout projections are therefore considered to include and account for the application of density bonus provisions of state law to future projects. Furthermore, the potential for development in specific plan and special zoning areas is based on the forecast buildout at the time of the respective zoning document's adoption, minus the amount of new development built between the adoption date and 2019. Growth outside of the focus areas and special planning areas is expected to be incremental and limited. Some growth was projected for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. Some growth was also projected for the commercial and retail area south of the West Santa Ana Boulevard focus area. Finally, some additional residential development is expected on a small portion (5 percent) of single-family and multifamily lots through the construction of second units. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. C. DISCRETIONARY ACTIONS AND APPROVALS Project development requires the following discretionary actions and approvals from the City: ■ Adoption of the Santa Ana General Plan update ■ Certification of PEIR Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 144 12/' / 021 Of v ri ing onsiderations -16- October 2021 ■ Adoption of Findings of Fact and Statement of Overriding Considerations ■ Adoption of the Mitigation Monitoring Program ■ Adoption of any ordinances, guidelines, programs, actions, or other mechanisms that implement the Santa Ana General Plan update D. STATEMENT OF PROJECT OBJECTIVES The updated General Plan is based on a vision statement and core values established as part of an extensive, multiyear community outreach effort. The City has identified the following core values to guide the General Plan Update (GPU): ■ Health. The people of Santa Ana value a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents. ■ Equity. Residents value taking all necessary steps to ensure equitable outcomes, expanding access to the tools and resources that residents need, and balancing competing interests in an open and democratic manner. ■ Sustainability. Santa Ana values land use decisions that benefit future generations, plans for the impacts of climate change, and incorporates sustainable design practices at all levels of the planning process. ■ Culture. The Santa Ana's community values efforts that celebrate our differences as a source of strength, preserve and build upon existing cultural resources, and nurture a citywide culture of empowered residents. ■ Education. Santa Ana values the creation of lifelong learners, the importance of opening up educational opportunities to all residents, and investing in educational programs that advance residents' economic well-being. These core values were used as the basis to define more specific project objectives to aid decision makers in their review of the GPU and associated environmental impacts. The objectives include: 1. Promote infill development while respecting and protecting established neighborhoods. 2. Optimize high density residential and mixed -use development that maximizes potential use of mass transit. 3. Provide locations for new housing development that maximizes affordable housing opportunities to achieve both City and regional housing goals. 4. Facilitate new development at intensities sufficient to generate community benefits and attract economic activity. Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 145 12L211202� i in nsiderations -17-October 021 5. Provide housing and employment opportunities at an urban level of intensity at the City's edge. g. Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike -friendly, and transit -oriented. 7. Develop opportunities for live/work, artist spaces, and small-scale manufacturing. Santa Ana General Plan Update Of 1 i 5 � FactanStatement41 — 146 12/' / 021 Of v ri ing onsiderations -18- October 2021 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Santa Ana CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Santa Ana concluded that a PEIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from February 26, 2020, through March 27, 2020. The NOP was posted at the Orange County Clerk's Office on February 26, 2020. The notice was published in the Orange County Register, a newspaper of general circulation. Under CEQA, a lead agency may proceed directly with preparation of a PEIR without preparation of an Initial Study if it is clear that a PEIR will be required (State CEQA Guidelines § 15060[d]). The City of Santa Ana made such a determination for this project and did not prepare an Initial Study. ■ Completion of a scoping process, in which the public was invited by the City of Santa Ana to participate. The scoping meeting for the PEIR was held on March 5, 2020, at 6:00 p.m. at the Santa Ana Police Community Room at 60 Civic Center Plaza in Santa Ana. The notice of a public scoping meeting was included in the NOP distributed on February 26, 2020. ■ Preparation of a Draft PEIR by the City of Santa Ana, which was made available for a 45- day public review period (August 3, 2020, through September 16, 2020) and extended to October 6, 2020. The Notice of Availability (NOA) for the Draft PEIR was sent to all persons, agencies, and organizations on the list interested persons, sent to the State Clearinghouse in Sacramento for distribution to public agencies, and published in the August 3, 2020, Orange County Register. The NOAwas posted at the Orange County Clerk's Office on August 3, 2020. Copies of the Draft PEIR were made available for public review at the City of Santa Ana, Planning Division Counter at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library at 26 Civic Center Plaza, Santa Ana, CA 92701. The Draft EIR was also available for review and download on City website: https://www.santa- ana.org/general-plan. ■ The Final PEIR contained comments on the Draft PEIR, responses to those comments, revisions to the Draft PEIR, if any, and appended documents. The Final PEIR was released for a 10-day agency review period prior to certification of the Final PEIR. ■ At its November 91 2020, public hearing, the Planning Commission voted not to certify the Final PEIR and continue work on the GPU to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities. ■ The City performed an intensive, extended community outreach program conducted between January and May 2021 as described in Section 2.4 of the Updated Draft PEIR (Volume II of the Recirculated Final PEIR). ■ Pursuant to Draft PEIR comments, the Planning Commission public hearing, and an expanded EJ community outreach program, the City made the decision to prepare a Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 147 12/' / 021 Of v ri ing onsiderations -19- iOctober 2021 Recirculated Draft PEIR to discuss and evaluate impacts related to environmental justice, to conclude that the recreation -related impacts of the proposed GPU would result in a significant impact, and to define a new project alternative to reduce recreational impacts. ■ The City recirculate the Draft PEIR chapters that had been revised and the NOAwas released for a 45-day public review period from August 6, 2021 through September 20, 2021. The NOA directed reviewers to only submit comments on the revised Draft PEIR chapters included in the Recirculated Draft PEIR since the comments in the Final PEIR adequately addressed comments received on portions of the Draft PEIR that had not been recirculated. ■ One September 13th, the City conducted a Planning Commission Study Session to discuss the Recirculated Draft PEIR. Verbal comments from the public, received during the Study Session were addressed in the Final Recirculated PEIR. ■ After considering the PEIR and in conjunction with making these findings, the City of Santa Ana hereby finds that, pursuant to Section 15092 of the CEQA Guidelines, approval of the project will result in significant effects on the environment; however, the significant effects will be eliminated or substantially lessened where feasible, and the City has determined that remaining significant effects are acceptable under Section 15093. ■ The Mitigation Monitoring and Reporting Program is hereby adopted to ensure implementation of feasible mitigation measures identified in the PEIR. The City of Santa Ana finds that these mitigation measures are fully enforceable conditions on the project and shall be binding upon the City and affected parties. ■ The City of Santa Ana finds that the project is in the public interest and is necessary for the public health, safety, and welfare. ■ The City of Santa Ana hereby certifies the Final Recirculated PEIR in accordance with the requirements of CEQA. ■ Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be retained in the project files; b) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be provided to all CEQA "responsible" agencies. Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 148 12/' / 021 Of v ri ing onsiderations -20- October 2021 IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE SCOPING PROCESS Based on the public scoping process (including review of NOP responses and input at the public scoping meeting), in addition to analysis prepared for the Draft PEIR, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues (see Updated Draft PEIR, Chapter 8, Impacts Found Not to Be Significant). It was determined, therefore, that these potential environmental issues would be precluded from detailed discussion in the Draft PEIR. Based upon the environmental analysis presented in the Draft PEIR, and the comments received by the public on the Draft PEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas: (a) Agriculture and Forestry Resources: The City does not have any significant agricultural resources. Additionally, Santa Ana has no land designated or zoned for agricultural use and does not have any land subject to a Williamson Act contract. Santa Ana does not have any land designated or zoned for forestland, timberland, or zoned Timberland Production. (b) Wildfire: According to CAL FIRE, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about 4.0 miles east along the western edge of Loma Ridge. The nearest FHSZ in an LRA is about 3.8 miles away at the southern tip of the Peters Canyon Regional Park. The city is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the city is on the wildland-urban interface. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft PEIR. B. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE PEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project -specific mitigation measures. This determination, however, does assume compliance with existing regulations, as detailed in each respective topical section of Chapter 5 in the Updated Draft PEIR. (a) Aesthetics: Buildout under the GPU will be at a greater intensity/density in all five focus areas compared to existing conditions. While maximum height would generally be similar to existing buildings, the overall increase in allowed intensity and height across the focus areas would lead to a visually denser urban setting and alter Santa Ana's existing skyline. Buildout under the GPU would not have a substantial adverse effect on scenic vistas (such as the Santa Ana River and Santiago Creek) since these existing open space parcels would remain unchanged. Additionally, no state scenic highways, eligible or officially designated, traverse the city nor are located near the city. Therefore, the GPU would not damage scenic resources, including rock outcroppings, trees, and historic buildings within state scenic Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 149 12L211202� i in nsiderations -21-October 021 highways. The GPU would also create new sources of light or glare in the project area, but adverse impacts would be minimized with compliance to building codes. (b) Biological Resources: Development pursuant to the GPU would not impact riparian habitat or other sensitive natural communities. Additionally, the GPU would not impact wetlands and jurisdictional waterways. The GPU would not conflict with an adopted NCCP/HCP as the City is not within a NCCP/HCP area and would not conflict with local policies or ordinances protecting biological resources. (c) Cultural Resources: The likelihood that human remains may be discovered during clearing and grading activities is considered extremely low. In the unlikely event human remains are uncovered, impacts would be less than significant upon compliance with California and Safety Code Section 7050.5. (d) Energy: Implementation of proposed policies under the GPU, in conjunction with and complementary to regulatory requirements, will ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary. Additionally, the GPU would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (e) Geology and Soils: The plan area's location and underlying geology make it likely to experience seismic hazards, including strong seismic ground shaking, and secondary hazards, like liquefaction. No active surface faults are mapped and zoned under the AP Zoning Act in the plan area. Additionally, all structures that would be constructed in accordance with the GPU would be designed to meet or exceed current design standards as found in the latest CBC. Most of the plan area is within an area susceptible to liquefaction; however, all structures constructed under the GPU would be designed in accordance with current seismic design standards as found in the CBC. There are no substantial hazards with respect to slope stability, as the plan area is mostly flat. Unstable geologic unit or soils conditions, including soil erosion, could result from development of the GPU. Mandatory compliance with existing regulations, including the preparation and submittal of a SWPPP and a soil engineering evaluation, would reduce soil erosion impacts to a less than significant level. Implementation of the CBC design code, which has been adopted by the City and requires that structures be designed to mitigate expansive and compressible soils, would reduce impacts to a less than significant level. The probability of subsidence impacts is generally low in the majority of Santa Ana; however, the statutorily required sustainable groundwater management practices of the Orange County Water District would ensure that impacts would be less than significant. Future development in the plan area would require connection to the City's sewer system as the City of Santa Ana does not allow for the installation of septic tanks. (f) Greenhouse Gas Emissions: The GPU would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 150 12/' / 021 Of v ri ing onsiderations -22- October 2021 (g) Hazards and Hazardous Materials: Construction and operations under the GPU would involve the transport, use, and/or disposal of hazardous materials; however, compliance with existing regulations would ensure that construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction. Furthermore, strict adherence to all emergency response plan requirements set by the Orange County Fire Authority would be required throughout the duration of project construction. GPU buildout is expected to result in some increase in the number of hazardous waste generators; however, hazardous wastes would be stored, transported, and disposed of in conformance with existing regulations of the EPA, US Department of Transportation, CalRecycle, and other agencies. Use, storage, transport, and disposal of hazardous materials in conformance with regulations would reduce both the likelihood of an accidental release and the potential consequences in the event of an accidental release. The plan area includes 555 sites on a list of hazardous materials compiled pursuant to Government Code Section 65962.5 that could create a significant hazard to the public or the environment. Any development, redevelopment, or reuse on or next to any of these sites would require environmental site assessment by a qualified environmental professional to ensure that the project would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. Santa Ana is in the vicinity of an airport or within the jurisdiction of an airport land use plan. Projects approved under the proposed GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. The buildout of the GPU would not result in substantial changes to the circulation patterns or emergency access routes, and would not block or otherwise interfere with use of evacuation routes. Buildout would not interfere with operation of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies. Santa Ana is not in a designated fire hazard zone, and implementation of the GPU will not expose structures and/or residences to wildland fire danger. (h) Hydrology and Water Quality: Projects pursuant to the GPU would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Development pursuant to the GPU would increase the demand on groundwater use but would not impede sustainable groundwater management of the basin. Development pursuant to the GPU would increase the amount of pervious surfaces in the plan area, but could substantially increase the rate or amount of surface runoff in some focus areas in a manner which would result in flooding off -site or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems. In flood hazard, tsunami, or seiche zones, development pursuant to the GPU would not risk release of pollutants due to project inundation or impede or redirect flood flows. Development Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 151 12/' / 021 Of v ri ing onsiderations -23- October 2021 pursuant to the GPU would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (i) Land Use Planning: Implementation of the GPU would not divide an established community. Additionally, the GPU would be consistent with the Airport Environs Land Use Plan for the John Wayne Airport. Implementation of the GPU would be consistent with the goals of the Southern California Association of Governments' RTP/SCS. Implementation of the GPU would also be consistent with the OCTA Congestion Management Plan. (j) Mineral Resources: Project implementation would not result in the loss of availability of a known mineral resource. (k) Noise: The proximity of the plan area to an airport or airstrip would not result in exposure of future residents and/or workers to excessive airport -related noise. (1) Population and Housing: The proposed GPU would provide more housing opportunities than currently exist. Therefore, implementation of the GPU would not displace people and/or housing. (m) Public Services: The GPU would introduce new structures and allow for up to 22,361 new residents and workers in the OCFA and Santa Ana Police Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel, as well as increasing the service needs for the Main Library and the Newhope Library Learning Center. The GPU would also generate additional students who would impact the school enrollment capacities of the Santa Ana Unified School District, Garden Grove Unified School District, and Orange Unified School District. However, upon implementation of regulatory requirements and standard conditions of approval the project would not create significant impacts related to fire protection services, police protection, library services, or school services. (n) Transportation and Traffic: The GPU is consistent with adopted programs, plans, and policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Additionally, GPU implementation would result in a reduction of vehicle miles traveled per service population (VMT/SP) in comparison to existing City conditions, and would achieve a VMT/SP at least 15 percent lower than the countywide VMT/SP. Finally, circulation improvements associated with future development that would be accommodated by the GPU would be designed to adequately address potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access. (o) Utilities and Service Systems: Development pursuant to the GPU would require or result in the relocation or construction of new or expanded wastewater facilities. However, Orange County Sanitation District (OCSD) has a functioning and effective process in place to ensure the regional sewer infrastructure will support future developments under the Santa Ana GPU. Additionally, OCSD and OC Water District have adequate capacity to serve development pursuant to the GPU in addition to the providers existing commitments. Development Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 152 12/' / 021 Of v ri ing onsiderations -24- October 2021 pursuant to the GPU would require or result in the relocation or construction of new or expanded water facilities. However, the City would have adequate capacity for the proposed increases in water flows across the city under implementation of the GPU and would be able to serve the additional dwelling units and commercial square footage proposed. Furthermore, GPU policies encourage the maintenance and upgrade of water infrastructure through impact fees from new development, and the exploration of other funding sources. Water supply would be adequate to meet development pursuant to the GPU. Existing and/or proposed stormwater drainage facilities would be able to accommodate proposed development pursuant to the GPU. Existing and/or proposed solid waste facilities would be able to accommodate development pursuant to the GPU and comply with related solid waste regulations. Development pursuant to the GPU would require or result in the relocation or construction of new or expanded electric power and natural gas. However, the net increases in natural gas demands due to the GPU buildout are within the amounts that SoCalGas forecasts that it will supply to its customers, and buildout would not require SoCalGas to obtain increased natural gas supplies over its currently forecast supplies. Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 153 12/' / 021 Of v ri ing onsiderations -25- October 2021 V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the PEIR, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures, some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found —in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." This is referred to herein as "Finding 1." Where the City has determined —pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3." A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the PEIR, the impacts would be considered less than significant. 1. Air Quality Impact 5.2-6: Industrial land uses accommodated under the General Plan update could create other emissions, such as those leading to objectionable odors, that would adversely affect a substantial number of people. Industrial land uses associated with the GPU may generate potentially significant odor impacts for a substantial number of people. Impacts from potential odors generated from residential and other nonresidential land uses associated with the GPU are considered less than significant. Impacts associated with construction -generated odors are considered less than significant. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 154 12/' / 021 Of v ri ing onsiderations -26- October 2021 The Industrial and Industrial Flex land uses are not anticipated to produce odors, and Mitigation Measure AQ-4 would ensure that odor impacts are minimized and facilities would comply with South Coast AQMD Rule 402. Therefore, Impact 5.2-6 would be less than significant. Mitigation Measures AQ-4 Prior to discretionary approval by the City of Santa Ana, if it is determined that a development project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared by the project applicant and submitted to the City of Santa Ana for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to: • Wastewater treatment plants • Composting, green waste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large -capacity coffee roasters • Food -processing facilities The odor management plan shall demonstrate compliance with the South Coast Air Quality Management District's Rule 402 for nuisance odors. The Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document prepared for the development project and/or incorporated into the project's site plan. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 2. Biological Resources Impact 5.3-1: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The inventory of existing conditions determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 155 12L21/202� i in nsiderations -27-October 021 sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Therefore, there is no current indication that future development in accordance with the GPU would have significant unavoidable biological impacts. However, the programmatic analysis prepared for this GPU was not at the detailed, site -specific analysis required for a specific development project. Site -specific analyses could reveal biological resources not identified in the Biological and Natural Resources Report. Therefore, there is a potential for biological impacts associated with implementation of the GPU. Therefore, implementation of the GPU could result in a potentially significant impact. The letter received from CDFW states that the Santa Ana River and its tributaries historically supported federally endangered southern California steelhead. CDFW's letter requests that the Draft PEIR include an analysis of any proposed major stream crossings in the context of fish passage, and states that the analysis should include, but not be limited to, steelhead presence or historic presence, existing conditions including habitat and barrier assessments, any known projects to remove barriers or restore habitat that would affect or be affected by this project, and cumulative impacts to steelhead populations and/or habitat resulting from this project. The GPU does not propose any major stream crossings. If any future development project entails improvements for stream crossings (e.g. Santa Ana River and Santiago Creek), project -level CEQA compliance would require a biological resources report that would address potential impacts to endangered species, including the California steelhead. Impact 5.3-1 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures BIO-1 For development or redevelopment projects that would disturb vegetated land or major stream and are subject to CEQA, a qualified biologist shall conduct an initial screening to determine whether a site -specific biological resource report is warranted. If needed, a qualified biologist shall conduct a field survey for the site and prepare a biological resource assessment for the project, including an assessment of potential impacts to sensitive species, habitats, and jurisdictional waters. The report shall recommend mitigation measures, as appropriate, to avoid or limit potential biological resource impacts to less than significant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 156 12/' / 021 Of v ri ing onsiderations -28- October 2021 Impact 5.3-4: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The City of Santa Ana is largely urbanized, and migration corridors are generally limited to the Santa Ana River and the Santiago Creek. Development under the GPU would result in the further infill of the city and removal of vacant sites. The GPU would not change land use designations of parcels that encompass the Santa Ana River or the Santiago Creek. However, development under the GPU could further result in vegetation removal, intrusion by humans and pets, and increased noise and air pollutants, which could impact wildlife movement and nesting sites. Therefore, the buildout of the GPU could affect wildlife movement, nesting sites, and migratory birds protected under the Migratory Bird Treaty Act as well as state law. Impact 5.3-4 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures Refer to BIO-1 above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 3. Cultural Resources Impact 5.4-2: Development in accordance with the General Plan Update could impact archaeological resources. Development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. Typically, surface -level and subsurface archaeological sites and deposits can be affected by ground -disturbing activities associated with most types of construction. Based on literature review and records searches, eight archaeological resources have been recorded within the plan area, including four prehistoric sites, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While most of the plan area has been developed over the course of the twentieth century, buried resources may remain in areas where developments such as parking lots, parks, or structures with shallow foundations have required only minimal ground disturbance. A review of historical and ethnographic maps indicates a moderate likelihood that intact subsurface archaeological resources would be encountered during redevelopment. Archaeological resources impacts are site specific, but more intensive development can result in cumulative impacts on a regional level and should be considered in addition to individual project Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 157 12/' / 021 Of v ri ing onsiderations -29- October 2021 impacts on individual sites. As determined by the respective lead agency on a project by project basis, Phase I Cultural Resources studies would be required before ground disturbances and demolition activities are permitted to occur. The study would identify resources on the affected project sites that are, or appear to be, eligible for listing on the National or California Register. Such studies would also recommend mitigation measures to protect and preserve archaeological and tribal cultural resources. Mitigation Measures CUL-4 through CUL-7 were developed to reduce potential individual and cumulative impacts associated with future development and redevelopment. Mitigation Measure CUL-4 requires an archaeological resources assessment be conducted for future development projects to identify any known archaeological resources and sensitivity of the site. Mitigation Measures CUL-5 through CUL-7 detail the next steps required should the archaeological resources assessment identify known resources or determine the site to have high or moderate resource sensitivity. Upon compliance with Mitigation Measures CUL-4 through CUL-7, individual and cumulative impacts to archaeological resources would be reduced to less than significant levels. Mitigation Measures CUL-4 For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and impacts cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the Secretary of the Interior's Standards to determine significance prior to any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 158 12/' / 021 Of v ri ing onsiderations -30- October 2021 and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist shall monitor all ground -disturbing construction and pre -construction activities in areas with previously undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards, and tribal consultation shall be conducted in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. CUL-7 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 159 12L211202� i in nsiderations -31-October 021 above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 4. Geology and Soils Impact 5.6-4: Future development that would be accommodated by the General Plan Update could imaact known and unknown aaleontoloaical resources. Paleontological resources are recognized as nonrenewable and therefore receive protection under the California Public Resources Code and CEQA. Adoption of the GPU in itself will not directly affect paleontological resources. Long-term implementation of the GPU land use plan could allow development (e.g., infill development, redevelopment, and revitalization/restoration), including grading, of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially disturb paleontological resources. Therefore, future development that would be accommodated by the GPU could potentially unearth previously unrecorded resources. Review and protection of paleontological resources are also afforded by CEQA for individual development projects that would be accommodated by the GPU, subject to discretionary actions that are implemented in accordance with the land use plan of the GPU. Fossil localities have been found in the vicinity of the plan area, although not in the plan area itself. Mitigation Measures GEO-1 through GEO-3 prescribe requirements for monitoring based on the sensitivity of sites for paleontological resources. Under GEO-1, areas that range from high to low sensitivity are required to prepare a Paleontological Resources Monitoring and Mitigation Plan. With adherence to mitigation measures GEO-1 through GEO-3, Impact 5.6-4 would be less than significant. Mitigation Measures GEO-1 High Sensitivity. Projects involving ground disturbances in previously undisturbed areas mapped as having "high" paleontological sensitivity shall be monitored by a qualified paleontological monitor on a full-time basis. Monitoring shall include inspection of exposed sedimentary units during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities. GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 160 12/' / 021 Of v ri ing onsiderations -32- October 2021 underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PER. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 5. Noise Impact 5.12-3: Buildout of the individual land uses and projects for implementation of the GPU may expose sensitive uses to excessive levels of groundborne vibration. Construction Vibration Impacts. Construction activity at projects within the plan area would generate varying degrees of ground vibration, depending on the construction procedures and equipment. Operation of construction equipment generates vibrations that spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the construction site varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Vibration from construction activities rarely reaches the levels that can damage structures but can achieve the audible and perceptible ranges in buildings close to the construction site. Vibration generated by construction equipment has the potential to be substantial, since it has the potential to exceed the FTA criteria for architectural damage (e.g., 0.12 inches per second [in/sec] PPV for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). Construction details and equipment for future project -level developments under the GPU are not known at this time but may cause vibration impacts. Santa Ana General Plan Update Of 1 i 5 � FactanStatement41 — 161 12/' / 021 Of v ri ing onsiderations -33- October 2021 With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Operational Vibration Impacts. Commercial and industrial operations within the plan area would generate varying degrees of ground vibration, depending on the operational procedures and equipment. Such equipment -generated vibrations would spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the vibration source varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. In addition, future sensitive receptors could be placed within close proximity to existing railroad lines through buildout in the plan area. Because specific project -level information is not available at this time, it is not possible to quantify future vibration levels at vibration -sensitive receptors that may be near existing and future vibration sources. With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Mitigation Measures N-2 Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 162 12/' / 021 Of v ri ing onsiderations -34- October 2021 this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. N-3 New residential projects (or other noise -sensitive uses) located within 200 feet of existing railroad lines shall be required to conduct a groundborne vibration and noise evaluation consistent with Federal Transit Administration (FTA)-approved methodologies. N-4 During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 6. Tribal Cultural Resources Impact 5.17-1: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). The Sacred Land File search yielded positive results, indicating that known tribal resources exist within the plan area. Further, a CHRIS records search at SCCIC indicates that 23 archaeological resources were previously recorded within 0.5 mile of the plan area. Of these resources, eight archaeological resources were located within the plan area; these include four prehistoric sites with habitation debris and lithic scatters, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While the city is urbanized and most of the plan area has been developed, buried resources may remain in areas of minimal ground disturbance, such as parks, parking lots, and structures with shallow foundations. Tribal cultural resources are site specific in nature. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 163 12/' / 021 Of v ri ing onsiderations -35- October 2021 Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.17-2: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant pursuant to criteria in Public Resources Code Section 5024.1(c). Future development as a result of the implementation of the GPU could include grading in portions of the City with sensitivity to tribal cultural resources. Grading and construction activities that require more intensive soil excavation than in the past could potentially cause disturbance to tribal cultural resources. Future development could potentially unearth previously unknown or unrecorded tribal cultural resources. Because the NAHC SLF search yielded positive results and the Gabrieleno Band of Mission Indians — Kizh Nation identified sensitive areas within the city, the buildout of the GPU may cause a substantial adverse change in the significance of tribal cultural resources. Earthwork activities may occur with buildout under the GPU that could impact previously undisturbed tribal cultural resources. Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 164 12/' / 021 Of v ri ing onsiderations -36- October 2021 B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The following summary describes the unavoidable adverse impact of the GPU where mitigation measures were found to be either infeasible or would not lessen impacts to less than significant. The following impacts would remain significant and unavoidable. 1. Air Quality Impact 5.2-1: The additional population growth forecast for the General Plan Update and the associated emissions would not be consistent with the assumptions of the air aualitv manaaement clan. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-45 of the Updated Draft PEIR. The GPU would be inconsistent with the South Coast Air Quality Management Plan (AQMP) because buildout under the GPU would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). Buildout of the GPU would exceed current population estimates for the city, and therefore the emissions associated with the additional population are not included in the current regional emissions inventory for the SoCAB. Additionally, air pollutant emissions associated with buildout of the GPU would cumulatively contribute to the nonattainment designations in the SoCAB. Therefore, overall, the GPU would be inconsistent with the AQMP. Incorporation of Mitigation Measure AQ-2 into future development projects for the operation phase would contribute to reduced criteria air pollutant emissions associated with buildout of the GPU. Additionally, goals and policies in the GPU would promote increased capacity for alternative transportation modes and implementation of transportation demand management strategies. However, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast AQMD thresholds. In addition, the population and employment assumptions of the AQMP would continue to be exceeded until the AQMP is revised and incorporates the projections of the GPU. Therefore, Impact 5.2-1 would remain significant and unavoidable. Mitigation Measure AQ-2 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 165 12L211202� i in nsiderations -37-October 021 projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that require refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in for the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 166 12/' / 021 Of v ri ing onsiderations -38- October 2021 finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. However, the City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-2: Construction activities associated with future development that would be accommodated under the General Plan Update could generate short-term emissions in exceedance of the South Coast Air Quality Management District's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-47 of the Updated Draft PEIR. Buildout of the GPU would occur over a period of approximately 25 years or longer. Construction activities associated with buildout of the GPU could generate short-term emissions that exceed the South Coast AQMD'S significance thresholds during this time and cumulatively contribute to the nonattainment designations of the SoCAB. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, construction time frames and equipment for site -specific development projects are not available at this time, and there is a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Therefore, despite adherence to Mitigation Measure AQ-1, Impact 5.2-2 would remain significant and unavoidable. Mitigation Measures AQ-1 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 167 12/' / 021 Of v ri ing onsiderations -39- October 2021 incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: ■ Use of nontoxic soil stabilizers to reduce wind erosion. ■ Apply water every four hours to active soil -disturbing activities. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 168 12/' / 021 Of v ri ing onsiderations -40- October 2021 technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-3: Implementation of the General Plan Update would generate long-term emissions in exceedance of South Coast AQMD's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-48 of the Updated Draft PEIR. Buildout in accordance with the GPU would generate long-term emissions that would exceed South Coast AQMD's regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Mitigation Measure AQ-2, in addition to the goals and policies of the GPU, would reduce air pollutant emissions to the extent feasible. The measures and policies covering topics such as expansion of the pedestrian and bicycle networks, promotion of public and active transit, and support to increase building energy efficiency and energy conservation would also reduce criteria air pollutants in the city. Further, compared to existing baseline year conditions, emissions of NOx, CO, and SOx are projected to decrease from current levels despite growth associated with the GPU. However, Impact 5.2-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the GPU. Contributing to the nonattainment status would also contribute to elevating health effects associated with these criteria air pollutants. Reducing emissions would further contribute to reducing possible health effects related to criteria air pollutants. It is speculative for this broad -based GPU to determine how exceeding the regional thresholds would affect the number of days the region is in nonattainment, since mass emissions are not correlated with concentrations of emissions, or how many additional individuals in the air basin would suffer health effects. South Coast AQMD is the primary agency responsible for ensuring the health and welfare of sensitive individuals to elevated concentrations of air quality in the SoCAB, and at the present time it has not provided methodology to assess the specific correlation between mass emissions generated and the effect on health in order to address the issue raised in the Friant Ranch case. Ozone concentrations are dependent upon a variety of complex factors, including the presence of sunlight and precursor pollutants, natural topography, nearby structures that cause building downwash, atmospheric stability, and wind patterns. Because of the complexities of predicting ground -level ozone concentrations in relation to the National and California Ambient Air Quality Standards, it is not possible to link health risks to the magnitude of emissions exceeding the significance thresholds. To achieve the health -based standards established by the EPA, the air districts prepare air quality management plans that detail regional programs to attain the ambient air quality standards. However, because cumulative development within the city would exceed the regional significance thresholds, the proposed project could contribute to an increase in health effects in the basin until the attainment standards are met in the SoCAB. Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 169 12Z21/202� i in nsiderations -41-October 021 Mitigation Measures Refer to Mitigation Measure AQ-2, above. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-4: Operation of industrial and warehousing land uses accommodated under the General Plan Update could expose sensitive receptors to substantial toxic air contaminant concentrations. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-50 of the Updated Draft PEIR. Buildout of the GPU could expose sensitive receptors to substantial concentrations of toxic air contaminants JAC). Buildout could result in new sources of criteria air pollutant emissions and/or TACs near existing or planned sensitive receptors. Review of development projects by South Coast AQMD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) would ensure that health risks are minimized. Additionally, Mitigation Measure AQ-3 would ensure mobile sources of TACs not covered under South Coast AQMD permits are considered during subsequent, project -level environmental review by the City of Santa Ana. Individual development projects would be required to achieve the incremental risk thresholds established by South Coast AQMD, and TACs would be less than significant. However, implementation of the GPU would generate TACs that could contribute to elevated levels in the air basin. Though individual projects would achieve the project -level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the SoCAB. Therefore, the GPU's cumulative contribution to health risk is significant and unavoidable. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 170 12/' / 021 Of v ri ing onsiderations -42- October 2021 Mitigation Measures AQ-3 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel - powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 171 12/' / 021 Of v ri ing onsiderations -43- /October 2021 Impact 5.2-5: Development and operation of land uses accommodated by the General Plan Update could generate emissions that exceed the localized significance thresholds and expose sensitive receptors to substantial concentrations of criteria air Dollutants. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-53 of the Updated Draft PEIR. Because existing sensitive receptors may be close to project -related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed South Coast AQMD's Local Significance Thresholds (LSTs). Mitigation Measures AQ-1 and AQ-2 would reduce the regional construction and operation emissions associated with buildout of the GPU and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions, to the extent feasible. However, even with the implementation of these mitigation measures, Impact 5.2-5 would remain significant and unavoidable. Mitigation Measures Mitigation Measures AQ-1 and AQ-2 would also be applicable in reducing construction- and operation -related LST impacts. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 172 12/' / 021 Of v ri ing onsiderations -44- October 2021 2. Cultural Resources Impact 5.4-1: Buildout consistent with the General Plan Update could impact an identified historic resource. Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, starting on page 5.4-26 of the Updated Draft PEIR. Generally, potential impacts to historical resources resulting from future projects developed pursuant to the GPU would be mitigated by the City's fulfillment of its statutory responsibilities under CEQA. However, for certain development pursuant to the GPU, the City may determine that significant impacts to historical resources cannot be avoided. The City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits. Though the possible demolition or alteration of a historical resource cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. With fulfillment of the CUL-1 and CUL-2, future development consistent with the GPU would result in a less than significant impact to cultural resources. However, if significant impacts cannot be avoided, the City shall require, at a minimum, that the affected historical resources are documented consistent with Mitigation Measure CUL-3. The Historical Resources Technical Report determined that unavoidable impacts to historical resources resulting from future development under the GPU will be reduced to the maximum extent feasible but will still be significant with implementation of Mitigation Measure CUL-3. Therefore, the development under the GPU would result in significant and unavoidable impacts. Mitigation Measures CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior's Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall be used to the maximum extent practicable to ensure that projects involving the relocation, conversion, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 173 12/' / 021 Of v ri ing onsiderations -45- October 2021 rehabilitation, or alteration of a historical resource and its setting or related new construction will not impair the significance of the historical resource. Use of the Standards shall be overseen by an architectural historian or historic architect meeting the Secretary of the Interior's Professional Qualification Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. CUL-3 Documentation, Education, and Memorial ization. If the City determines that significant impacts to historical resources cannot be avoided, the City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. Though demolition or alteration of a historical resource such that its significance is materially impaired cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (HABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 174 12/' / 021 Of v ri ing onsiderations -46- October 2021 changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 3. Greenhouse Gas Emissions Impact 5.7-1: Implementation of the proposed General Plan Update would result in a decrease in GHG emissions in horizon year 2045 from existing baseline but may not meet the long-term GHG reduction goal under Executive Order S-03-05. Support for this environmental impact conclusion is fully discussed in Section 5.7, Greenhouse Gas Emissions, starting on page 5.7-31 of the Updated Draft PEIR. Implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions in order to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the state and City to meet the 2050 goal, but in the meantime, Impact 5.7-1 would be significant and unavoidable. Mitigation Measures GHG-1 The City of Santa Ana shall update the Climate Action Plan (CAP) every five years to ensure the City is monitoring the plan's progress toward achieving the City's greenhouse gas (GHG) reduction target and to require amendment if the plan is not achieving the specified level. The update shall consider a trajectory consistent with the GHG emissions reduction goal established under Executive Order S-03-05 for year 2050 and the latest applicable statewide legislative GHG emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following: Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 175 12Z21/202� i in nsiderations -47-October 021 • GHG inventories of existing and forecast year GHG levels. • Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of Executive Order S-03-05. • Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP: ■ Administration and Staffing ■ Finance and Budgeting ■ Timelines for Measure Implementation ■ Community Outreach and Education ■ Monitoring, Reporting, and Adaptive Management ■ Tracking Tools Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 4. Noise Impact 5.12-1: Construction activities associated with buildout of the plan area would result in temporary noise increases at sensitive receptors. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-29 of the Updated Draft PEIR. Implementation of Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 176 12/' / 021 Of v ri ing onsiderations -48- October 2021 substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. It should be noted that the identification of this program -level impact does not preclude the finding of less -than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures N-1 Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of Santa Ana General Plan Update Of 1 i 5 � FactanStatement41 — 177 12/' / 021 Of v ri ing onsiderations -49- October 2021 unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.12-2: Buildout of the plan area would cause a substantial traffic noise increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-30 of the Updated Draft PEIR. Mitigation Measure N-2 would reduce potential interior noise impacts to future noise -sensitive receptors below the thresholds. However, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 178 12/' / 021 Of v ri ing onsiderations -50- October 2021 residences along affected roadways. No individual measures and no set of feasible or practical mitigation measures are available to reduce project -generated traffic noise to less than significant levels in all cases. Thus, traffic noise would remain a significant and unavoidable impact. It should be noted that the identification of this program -level impact does not preclude the finding of less - than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures Refer to Mitigation Measure N-2, above. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 5. Population and Housing Impact 5.13-1: The GPU would directly induce substantial unplanned population growth. Support for this environmental impact conclusion is fully discussed in Section 5.13, Population and Housing, starting on page 5.13-12 of the Updated Draft PEIR. Full buildout of the GPU would result in a population of 431,629, and the city's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Governments' 2045 projections. Furthermore, the city's housing units at buildout would be 115,053, which exceeds the Orange County Council of Governments' projection by 38 percent. There are no feasible mitigation measures to mitigate the population and housing growth at buildout, and impacts would be significant and unavoidable. Santa Ana General Plan Update CE Of v i ri g o� FactanStatement41 — 179 12L211202� i in nsiderations -51-October 021 Mitigation Measures There are no feasible mitigation measures to mitigate the population and housing growth at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of i i 5 � FactanStatement41 — 180 12/' / 021 Of v ri ing onsiderations -52- October 2021 6. Recreation Impact 5.15-1: The General Plan Update would generate additional residents that would increase the use of existing park and recreational facilities such that substantial physical deterioration of the facility could occur or be accelerated. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-27 of the Updated Draft PEIR. Although required park fees for development could be sufficient to fund new parks and improvements, there is a lack of available land and lack of land designated as Open Space within the General Plan Update to develop new parks or expand existing facilities. The City of Santa Ana is essentially built. Incorporation of Mitigation Measure REC-1 to monitor new residential development within the Dyer/55 Fwy focus area would contribute to reducing impacts to existing public parks within a '/z radius of the focus area. Compliance with this mitigation measure, regulatory requirements, and implementation of proposed GPU policies and implementation actions would reduce the potential impact of the proposed GPU on existing park facilities. However, because of the existing park deficiencies and scale of development in park -deficient areas, the project's impact would be significant and unavoidable. Mitigation Measures REC-1 The City shall monitor new residential development within the Dyer/55 Fwy focus area. Development proposals for projects including 100 or more residential units shall be required to prepare a public park utilization study to evaluate the project's potential impacts on existing public parks within a one half (1/2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 181 12/' / 021 Of v ri ing onsiderations -53- October 2021 Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.15-2: Population increases resulting from project implementation would increase recreation demands that would require construction or expansion of recreation facilities that would have potential to result in physical impacts to the environment. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-29 of the Updated Draft PEIR. Population increases resulting from the implementation of the GPU would increase recreation demands and require construction or expansion of recreation facilities. Although construction and/or expansion of new parks and recreation facilities would be subject to GPU policies and implementation actions; regulatory requirements, and future, project specific environmental review under CEQA, it is still possible that development of such facilities could result in significant unavoidable impacts Mitigation Measures There are no feasible mitigation measures to mitigate the impacts to recreation at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 182 12/' / 021 Of v ri ing onsiderations -54- October 2021 VI. FINDINGS REGARDING ALTERNATIVES CEQA requires that an EIR include a discussion of reasonable project alternatives that would "feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any significant effects of the project, and evaluate the comparative merits of the alternatives" (CEQA Guidelines § 15126.6[a]). As discussed above, the PEIR identified significant impacts in a number of categories. The following impacts could be mitigated below a level of significance: air quality, biological resources, cultural resources, geology and soils, noise, tribal cultural resources impacts. The following impacts cannot be mitigated below a level of significance: certain air quality, cultural resources, greenhouse gas (GHG) emissions, noise, population and housing, and recreation impacts. The PEIR analyzed four alternatives to the proposed project that could reduce some, if not all, of the impacts. A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING "Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts" (CEQA Guidelines § 15126.6[c]). Alternative Circulation Element— Roadway Classifications. The proposed circulation element in the GPU evolved over a long process and coordination with the Orange County Transportation Authority (OCTA). During this process, alternative packages of arterial roadway classifications were considered that involved roadways in OCTA's Master Plan of Arterial Highways (MPAH). The majority of reclassifications proposed were identified for bicycle facility safety improvements in the City's Safe Mobility Santa Ana (SMSA) Plan, prepared in 2016. Most of the reclassifications identified were for roadways where bicycle and pedestrian safety improvements would require roadway reconfiguration and a reduction in the number of existing or planned travel lanes. Many of the SMSA recommendations across the city have already been, or are in the process of being, implemented along arterial roadways without reducing the number of lanes. A cursory review of two optional roadway reclassification packages was conducted to determine whether these optional plans would have the potential to eliminate significant impacts of the proposed GPU and meet most the project objectives. It was determined that a detailed evaluation of this alternative was not needed to provide a reasonable range of EIR project alternatives. Transportation/traffic impacts of the proposed project were determined to be less than significant (VMT/SP falls below the significance threshold for the GPU without mitigation). Although these alternatives may have some potential to reduce VMT (by reducing the number of travel lanes for some roadways) and thereby also potentially reduce air quality, greenhouse gas, and traffic noise impacts, these alternatives would also result in more inconsistencies with the MPAH and result in more traffic congestion. Although traffic congestion is no longer a CEQA consideration, the GPU sets forth standards for level of service that will be considered by decision -makers. Moreover, the Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 183 12/' / 021 Of v ri ing onsiderations -55- October 2021 Reduced Density and RTP/SCS Consistency alternatives were determined to be meaningful alternatives to consider for the potential of reducing air quality, GHG, and traffic noise impacts. Reduced Traffic Noise Alternative. Since traffic noise was determined to be a significant, unavoidable impact of the proposed GPU, a project alternative designed to eliminate this significant impact was considered. The required reductions in traffic volumes (ADT) were determined along roadways where buildout of the GPU would result in significant noise increases. These estimates were compared to the surrounding land uses that would generate ADTs for those roadway segments. Traffic noise along these roadways would both exceed the noise standard and abut sensitive land uses (e.g., residences, schools, hospitals). Several segments would experience significant, unavoidable traffic noise impacts without the land use changes proposed under the GPU. Since significant traffic noise could not be avoided, further evaluation of this alternative was not deemed to be meaningful. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS Given the significant, unavoidable impacts identified for the proposed GPU, project alternatives with the potential to substantially reduce development were identified for further review. Significant GPU impacts to long-term air quality, GHG emissions, population and housing, and recreation all directly relate to the level of development that would occur within the city. At the programmatic level of this GPU PEIR, site -specific information regarding potential significant historical impacts is not available, and therefore, an alternative could not be customized to reduce that impact. A reduced intensity alternative would also be expected to reduce the significant traffic noise impact (as discussed above). A reduced park demand alternative was also analyzed to address the significant and unavoidable impacts to recreation. The following development alternatives to the proposed GPU were chosen for further analysis. No Project / Current General Plan Alternative The evaluation of the No Project alternative is required by CEQA. The No Project alternative is typically defined as the development scenario that would occur if the project as proposed is not adopted. For a General Plan, the No Project alternative is typically represented by the jurisdiction's existing General Plan, including land use plan, circulation master plan, and policies in each General Plan element. Therefore, this alternative assumes that the existing General Plan —with various adoption dates for different elements between 1982 and 2014—would remain in effect. This existing General Plan also reflects amendments, including new Specific Plans and special zoning areas that have been adopted through the Notice of Preparation for this GPU. Finding. The City Council rejects the No Project/Current General Plan Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 184 12/' / 021 Of v ri ing onsiderations -56- iOctober 2021 opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would result in similar impacts to 11 impact categories, reduced impacts to 5 environmental impacts, and increase impacts to 4 categories. Impacts would be similar for agricultural resources, biological resources, cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, tribal cultural resources, and wildfire. This alternative would reduce impacts for aesthetics, population and housing, public services, recreation, and utilities and service systems. Impacts to air quality, greenhouse gas emissions, land use and planning, and transportation would increase. This alternative does not mitigate any of the significant and unavoidable impacts associated with the GPU to a less than significant impact. It would also exceed the City's VMT threshold. Overall, impacts under this alternative would decrease in comparison to the proposed project. The No Project/Current General Plan alternative would not achieve many of the proposed project objectives. The existing land use plan does not provide the opportunities to provide housing and employment at the levels required to meet local and regional goals. Moreover, the No Project alternative would not provide numerous general policies as included in the GPU to achieve these goals and invigorate communities. The current General Plan, however, protects established neighborhoods and several Specific Plans and Special Zoning areas would provide for infill opportunities, protect established neighborhoods, and result in mixed -use villages and bike- and pedestrian -friendly communities. Reduced Intensity Alternative (Reduced capacity for the 55 Freeway/Dyer and South Bristol focus areas) Under the GPU, the only areas that include revisions to land use designations to accommodate new growth are within the five focus areas. The majority of remaining growth would occur within previously approved Specific Plans and Special Zoning areas. A nominal amount of growth is assumed to occur in other areas of the city and would not require land use amendments. The Reduced Intensity Alternative would substantially reduce development capacity within two focus areas, 55 Freeway/Dyer and South Bristol Street, which accommodate approximately 65 percent of the housing unit growth and 72 percent of the nonresidential use (by building square footage) of the growth projected for the combined focus areas under the GPU. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. For this alternative, development of the 55 Freeway/Dyer and South Bristol focus areas would be reduced to approximately 50 percent of the maximum allowed per the land use designations. This alternative would reduce housing units by a total of 5,383 and would reduce total building square footage by approximately 4.2 million square feet distributed between these two focus areas. This alternative would also reduce population by 19,825 and jobs by 9,184. Overall, this alternative would reduce the housing growth accommodated by the GPU land use changes by approximately 18 percent and reduce nonresidential building square footage by approximately 27 percent. Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 185 12L21/202� i in nsiderations -57-October 021 Finding. The City Council rejects the Reduced Intensity Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would result in similar impacts to 7 impact categories, reduce impacts to 12 categories, and increase impacts to 1 category. Impacts would be similar for aesthetics, agricultural resources, biological resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. The Reduced Density Alternative reduces the level of development for two of the five focus areas (55 Freeway/Dyer Road and South Bristol Street) relative to the GPU. No other changes to the GPU are made for this alternative. It is assumed to include the same General Plan policies and would not modify the circulation element or related improvements. Therefore, this alternative would attain many of the project's objectives. It would not "optimize" high density housing and mass transit opportunities, and so was found not to attain objective No. 2. It would, however, achieve objectives Nos. 3 through 5, but to a lesser extent than the proposed GPU. With the reduced opportunities in the 55 Freeway/Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities, and may not be as economically feasible in terms of funding community benefits. It would provide mixed -use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. 2020 RTP/SCS Consistency Alternative (Reduced development for RTP/SCS population/housing consistency) This alternative was developed to evaluate an update to the General Plan that would be consistent with the population and housing projections used to develop the Southern California Association of Governments' (SCAG) most recent Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS)—Connect SoCal (adopted May 7, 2020). Connect SoCal is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The plan embodies a collective vision for the region's future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 186 12/' / 021 Of v ri ing onsiderations -58- /October 2021 Orange, Riverside, San Bernardino, and Ventura. The proposed GPU would result in a significant population and housing impact because development under the GPU would substantially exceed the projections used in Connect SoCal. SCAG uses locally prepared population and housing projections to develop the regional plan. For the City of Santa Ana, those projections were provided by the Orange County Council of Governments, as prepared by the Center for Demographic Research. The population/housing figures reflected for Santa Ana in the regional plan for 2045 are: population, 360,100; total housing units, 80,100; and total jobs, 176,400. Projections for the RTP/SCS (Connect SoCal) use land use designations as approved in adopted general plans. The employment projections are similar for the GPU and RTP/SCS scenarios, but the RTP/SCS projections for population and housing units are substantially lower than GPU projections (18 percent and 27 percent lower, respectively). The RTP/SCS alternative, therefore, represents the least -development -intensive project alternative evaluated for the PEIR. ■ This alternative would substantially reduce the growth that would be accommodated within the focus areas under the GPU. New growth within the focus areas would total 6,380 housing units and approximately 3.7 million square feet of nonresidential uses, instead of a total additional 23,955 housing units and approximately 15.7 million square feet within the focus areas. This alternative distributes anticipated development through the focus areas and the approved Specific Plans/Special Zoning areas. For purposes of this alternative, it is assumed that a development cap would be used to limit total growth to the projections shown. ■ Subsequent updates of the regional plan would incorporate updated land use from the GPU and resolve the substantial discrepancy between the population and housing projections. Note also that the PEIR concludes that the GPU is consistent with the goals of the RTP/SCS. This alternative has been defined to eliminate the significant impact associated with substantial population growth that is inconsistent with the regional plan, as well as reduce other significant growth -related (AQ/GHG, traffic noise) impacts associated with the GPU as proposed. Finding. The City Council rejects the 2020 RTP/SCS Consistency Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would reduce impacts to 12 environmental impacts, result in similar impacts to 6 categories, and increase impacts to 1 category. It would reduce impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, and utilities and service systems. Impacts would be very similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. It would increase impacts to land use and planning. It would also increase impacts to transportation and Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 187 12/' / 021 Of v ri ing onsiderations -59- iOctober 2021 potentially introduce a new significant impact. It is anticipated, however, that under this alternative, transportation could be mitigated to less than significant. Under the GPU, transportation impacts are less than significant without mitigation. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, and recreation would remain significant and unavoidable. The impact to population and housing would be reduced to less than significant. Overall, impacts under this alternative would be reduced in comparison to the proposed project. Due to the substantial reduction in housing opportunities citywide, this alternative is the least effective in achieving the project objectives of the GPU. By setting a development cap to limit housing and nonresidential development to the projections for the city in the 2020 RTP/SCS, this alternative reduces housing units by 31,515 compared to the GPU. It reduces housing development potential within the focus areas by 73 percent in comparison to the GPU, and reduces overall city future development by 27 percent. To achieve this reduction, the development cap would not only limit focus area development but would restrict the entitled housing in Specific Plans/Special Zoning areas (reducing total housing within these areas by almost 14,000 units). This alternative clearly would not optimize high density housing that maximizes mass transit use (objective No. 2) or provide urban -level intensities at the urban edges (objective No. 3). Moreover, it would not facilitate intensities that attract economic activities, particularly since it would not allow the maximum entitlement of approved Specific Plans and Special Zoning areas. It would achieve the remainder of the objectives, but to a lesser extent than the GPU. It would protect established neighborhoods, but not promote infill development as much as the GPU or other alternatives (objective No. 1). It would provide only limited opportunities for live -work and artist spaces and small-scale manufacturing (objective No. 7). Reduced Park Demand Alternative The City's Park standard of 2 acres per 1,000 residents is not achieved under existing conditions and development allowed under the GPU would further exacerbate park and open space shortages. Without new parks, growth in any of the focus areas would exacerbate the current level of park deficiency either in or adjacent to disadvantaged communities. The areas proposed for substantial new residential development under the GPU were compared to the distribution of existing parks —location, size, and demand —to define the Reduced Park Demand Alternative. The Reduced Park Demand Alternative reduces residential growth by 11,225 units by eliminating or reducing residential land uses and intensity in the five focus areas. Overall, nonresidential square footage would be reduced by a total of approximately 2.8 million square feet within the focus areas compared to the proposed GPU. The nonresidential square footage would increase, however, in two of the focus areas: 17th Street/Grand Avenue by 697,000 square feet, and South Bristol by 739,000 square feet. New residential growth under this alternative would largely be in currently planned areas that are generally near a substantial number of existing park facilities. Some residential growth would be introduced into two focus areas at substantially lower intensities to reduce the potential impact on park facilities. Changes to the focus areas are as follows: ■ South Main Street. This focus area would remain as currently planned as a commercial corridor (GC) instead of Urban Neighborhood (UN) and District Center (DC) to reduce intensity Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 188 12//'' / 021 Of v ri ing onsiderations -60- October 2021 so that there are no additional units constructed beyond existing conditions; there is a significant presence of EJ communities that are served by parks, but the existing parks are very small. ■ South Bristol Focus Area. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 2,273 units on sites that are more than a half mile from existing parks (generally west of Bristol and south of MacArthur Boulevard). ■ Grand Avenue/17th Street. Stay as currently planned as a lower density residential (LR-7) and commercial corridor (GC) to reduce intensity so that there are no additional units constructed beyond existing conditions, because much of the focus area is more than a half mile from existing parks. ■ West Santa Ana Boulevard. This focus area would remain as currently planned with lower density residential (LR-7) instead of Urban Neighborhood (UN) to reduce intensity so that no additional units are constructed beyond existing conditions; there is a significant presence of EJ communities with areas that are farther than a half mile from existing parks in this focus area. ■ 55 Freeway/Dyer Road. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 5,381 units because a majority of the area is more than a half mile from existing parks in Santa Ana; the reduced intensity would also reduce potential impacts on adjacent parkland in Tustin. Finding. The City Council rejects the Reduced Park Demand Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Recirculated PEIR. This alternative would result in similar impacts to 6 impact categories, reduced impacts to 12 categories, and increased impacts to 2 categories. Impacts would be similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would reduce the recreation impacts of the proposed GPU, as it was designed to do, and would improve the park acres/resident ratio compared to the proposed GPU. Recreation impacts to disadvantaged communities would also be reduced. Given the lack of available land for new parks, however, it would not eliminate the significant, unavoidable impact of the project. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, Santa Ana General Plan Update CE Of v ri i g o� FactanStatement41 — 189 12L211202� i in nsiderations -61-October 021 population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. This alternative would attain some of the project's objectives. It would promote infill development to a lesser extent than the GPU and would protect established neighborhoods (Objective 1), and would also develop opportunities of live -work, artist spaces, and small-scale manufacturing (Objective 7). Given the substantial reduction in housing units, it was also concluded that it would not meet Objectives 2 and 3, to maximize high density residential development and mixed use proximate to potential mass transit use (Objective 2) and to maximize affordable housing and achieve City and regional housing goals (Objective 3). It would, however, achieve Objectives 4 through 6, but to a lesser extent than the proposed GPU. With new opportunities eliminated in three focus areas and the reduced opportunities in the 55 Freeway /Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities and may not be as economically feasible in terms of funding community benefits. It would provide mixed - use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. C. ENVIRONMENTALLY SUPERIOR ALTERNATIVE CEQA requires a lead agency to identify the "environmentally superior alternative" and, in cases where the "No Project" Alternative is environmentally superior to the GPU, the environmentally superior development alternative must be identified. One alternative has been identified as "environmentally superior" to the GPU: ■ The RTP/SCS Consistency Alternative is concluded to be the environmentally superior alternative. The No Project alternative is not environmentally superior to the proposed GPU. Both the Reduced Density and RTP/SCS alternatives reduce environmental impacts in comparison to the GPU, but the RTP/SCS reduces more impacts and eliminates a significant, unavoidable impact of the GPU. This alternative was designed to eliminate the significant population impact of the GPU, but it also reduces potential future development more than any of the other alternatives. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 190 12(/�' / 021 Of v ri ing onsiderations -62- UCtODer 2021 VII. STATEMENT OF OVERRIDING CONSIDERATIONS A. INTRODUCTION The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the PEIR for General Plan Update (project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: a. CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed project against the unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 191 12//'' / 021 Of v ri ing onsiderations -63- October 2021 with respect to these impacts. The City also has examined alternatives to the proposed project, none of which both meets the project objectives and is environmentally preferable to the proposed project, for the reasons discussed in the Findings and Facts in Support of Findings. The City of Santa Ana, as the Lead Agency for this project, and having reviewed the PEIR for the GPU, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. B. OVERRIDING CONSIDERATIONS The City, after balancing the specific economic, legal, social, technological, and other benefits of the project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the project, and each of which, standing alone, is sufficient to support approval of the project, in accordance with CEQA Section 21081(b) and CEQA Guidelines Section 15093. The specific economic, legal, social, technological, or other benefits of the project are as follows: 1. The community, land use, and public services elements of the project encourage healthy lifestyles, a planning process that ensures that health impacts are considered, and policies and practices that improve the health of residents. The policies also affirm and support a socially and economically diverse community with equitable distribution of resources. 2. Implementation of the GPU fulfills one of the key strategies identified in the Santa Ana Strategic Plan in the completion of a comprehensive update of the existing General Plan. 3. The project improves the jobs -housing balance; the ratio of 1.5 would give the city a more equal distribution of employment and housing. The population growth resulting directly from the proposed GPU would be offset by the level of employment opportunity provided to the city's residents and workers commuting into Santa Ana. 4. The project results in a reduction of vehicle miles traveled per service population (VMT/SP) and a reduction in related traffic congestion, air quality, and greenhouse gas emissions compared with existing conditions because the GPU includes policies that promote the reduction of VMT. Policy 2.5 of the land use element encourages infill mixed -use development at all ranges of affordability to reduce VMT, and policy 4.5 aims to concentrate development along high -quality transit corridors. Policy 4.6 of the circulation element promotes reductions in automobile trips and VMT by encouraging transit use and nonmotorized transportation as alternatives to augmenting roadway capacity. 5. The project provides additional housing to support the regionally forecasted increase in economic activities and employment increases. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 192 12//'' / 021 Of v ri ing onsiderations -64- October 2021 6. Implementation of the project would introduce policies and actions that address the importance of protecting the health of residents and the environment by improving air quality, reducing greenhouse gas emissions, and encouraging active transportation. 7. The project implements the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) land use policies related to population and housing by providing additional housing near employment centers. 8. The project facilitates the economic development of the city by promoting development that is mixed use, pedestrian friendly, transit oriented, and clustered around activity centers through new and infill residential development. Additionally, the proposed project would improve the city's jobs/housing balance by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. 9. Implementation of the project would coordinate air quality planning efforts to meet state and federal ambient air quality standards by considering the goals of the Climate Action Plan in all major decision on land use and public infrastructure investment and investing in low- to zero -emission vehicles. These policies also promote development that meets or exceeds standards for energy -efficient building design, and the consideration of sensitive of potential emission sources on sensitive uses. 10. The project promotes economic growth and diversity within the city. The economic prosperity element of the GPU includes policies related to improving Santa Ana's economy and its role within the region. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 193 12//'' / 021 Of v ri ing onsiderations -65- October 2021 Vill. RESOLUTION REGARDING CERTIFICATION OF THE PEIR The City of Santa Ana finds that it has reviewed and considered the Final Recirculated PEIR in evaluating the proposed project, that the Final Recirculated PEIR is an accurate and objective statement that fully complies with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment of the City. The City of Santa Ana declares that no new significant information, as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Recirculated Draft PEIR that would require further recirculation. The City of Santa Ana certifies the PEIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions: Findings: The following significant environmental impacts have been identified in the PEIR and will require mitigation as set forth in Section V of this Resolution but cannot be mitigated to a level of insignificance: air quality (project -related and cumulative), cultural resources (project - related), greenhouse gas emissions (project -related), noise (project -related), population and housing (project -related), recreation (project -related). Conclusions 1. Except the impacts (stated above) relating to air quality, cultural resources, greenhouse gas, noise, population and housing, and recreation all significant environmental impacts from the implementation of the proposed project have been identified in the PEIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance. 2. Other alternatives to the proposed project, which could potentially achieve the basic objectives of the proposed project, have been considered and rejected in favor of the proposed project. 3. Environmental, economic, social, and other considerations and benefits derived from the development of the proposed project override and make infeasible any alternatives to the proposed project or further mitigation measures beyond those incorporated into the proposed project. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 194 12//'' / 021 Of v ri ing onsiderations -66- October 2021 IX. RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PLAN Pursuant to Public Resources Code section 21081.6, the City of Santa Ana hereby adopts the Mitigation Monitoring and Reporting Plan attached to this Resolution as Exhibit A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control. Santa Ana General Plan Update CE Of ve 1 i i5 4 FactanStatement41 — 195 12October /?02� �ri ing onsiderations -67- 021 X. RESOLUTION REGARDING CONTENTS AND CUSTODIAN OF RECORDS The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Santa Ana Planning Division Counter. The custodian for these records is the City of Santa Ana. This information is provided in compliance with Public Resources Code section 21081.6. The record of proceedings for the City's decision on the project consists of the following documents, at a minimum: 1. The NOP and all other public notices issued by the City in conjunction with the project. 2. The Draft PEIR for the Santa Ana General Plan Update. 3. All comments submitted by agencies or members of the public during the 45-day comment period on the Draft PEIR and the 20-day extension to the comment period. 4. The Final PEIR for the Santa Ana General Plan Update, including comments received on the Draft PEIR, responses to those comments, and technical appendices. 5. The Recirculated Draft PEIR for the Santa Ana General Plan Update. 6. All comments submitted by agencies or members of the public during the 45-day comment period on the Recirculated Draft PEIR. 7. The Final Recirculated PEIR for the Santa Ana General Plan Update, including comments received on the Recirculated Draft PEIR, responses to those comments, and technical appendices. 8. The Mitigation Monitoring and Reporting Plan for the project. 9. All findings, resolutions, and ordinances adopted by the City in connection with the General Plan Update, and all documents cited or referred to therein. 10. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Santa Ana General Plan Update. 11. All documents submitted to the City by other public agencies or members of the public in connection with the General Plan Update PEIR up through project approval. Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. 12. Any documents expressly cited or referenced in these findings, in addition to those cited above. Santa Ana General Plan Update CE Of 1 i 5 � FactanStatement41 — 196 12/' / 021 Of v ri ing onsiderations -68- October 2021 13. Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The following location is where the record may be reviewed: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 This page intentionally left blank. Santa Ana General Plan Update CE i i i5 4 FactanStatement41 — 197 12//2 11 / 0211 Of ve � ri ing onsiderations -69- October 2021 EXHIBIT D October 2021 1 Mitigation Monitoring and Reporting Program Santa Ana General Plan Update City of Santa Ana Prepared for: City of Santa Ana Contact: Melanie G. McCann, Principal Planner 20 Civic Center Plaza Santa Ana, CA 92702 mmccann@santa-ana.org Prepared by: PlaceWorks Contact: JoAnn Hadfield, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com City Council 41 — 198 12/21/2021 City Council 41 — 199 12/21/2021 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Section Page 1. INTRODUCTION.............................................................................................................................. 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT SUMMARY......................................................................................................................................... 2 1.3 PROJECT LOCATION....................................................................................................................................... 5 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION........................................................... 6 List of Tables Table Page Table 1-1 Proposed Land Use Designations and Statistics.............................................................................. 3 Table 1-2 Buildout Statistical Summary.............................................................................................................. 5 Table 1-3 Mitigation Monitoring and Reporting Requirements...................................................................... 7 City Council October 2021 41 — 200 12/21 /2021 Page i GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program This page intenlionalyleft blank. City Council Page ii 41 — 201 12/21 /2021 PlaceWorks 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle to monitor mitigation measures and conditions of approval outlined in the Final Recirculted Program Environmental Impact Report. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Santa Ana monitoring requirements. Section 21081.6 states: (a) When making the findings required by paragraph (1) of subdivision subsection (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead City Council October 2021 41 — 202 12/21 /2021 Page 1 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law. The MMRP will serve to document compliance with adopted/certified mitigation measures that are formulated to minimize impacts associated with future development that would be accommodated by the Santa Ana General Plan. 1.2 PROJECT SUMMARY The GPU is the comprehensive update of the Santa Ana General Plan. The purpose of the General Plan Update is to comprehensively update the 1982 plan to reflect current conditions, establish a shared vision of the community's aspirations, and create the policy direction to guide Santa Ana's long-term planning and growth over the next two decades. The General Plan Update will include the City's future development goals and will provide policy statements to achieve those goals. Implementation actions related to each goal or policy will be included as a separate Implementation Plan to ensure successful monitoring of progress as a community. Furthermore, the GPU will focus on five areas in Santa Ana that are better suited for future development or overall improvement. These focus areas are: ■ South Main Street ■ Grand Avenue/ 17th Street ■ West Santa Ana Boulevard ■ 55 Freeway/Dyer Road ■ South Bristol Street General Plan Update The updated General Plan is organized into three sections: Services and Infrastructure (1), Natural Environment (II), and Built Environment (III). The proposed GPU addresses the seven topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements. The 12 proposed elements of the GPU will replace 16 existing elements. The GPU will incorporate the current 2014-2021 Housing Element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in late 2021 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed GPU are: City Council 41 — 203 12/21 /2021 Page 2 PlaceWorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mandatory Topics ■ Land Use Element ■ Circulation Element ■ Housing Element ■ Open Space Element ■ Conservation Element ■ Safety Element ■ Noise Element Mitigation Monitoring and Reporting Program Optional Topics ■ Public Services Element ■ Urban Design Element ■ Community Element ■ Economic Prosperity Element ■ Historic Preservation Element The GPU will guide growth and development (e.g., infill development, redevelopment, and revitalization/restoration) in the plan area by designating land uses in the proposed land use map and through implementation of updated goals and policies of the GPU. Table 1-1 outlines the proposed land use designations under the GPU. Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Grand Avenue/17th Street 171.5 - District Center 23.7 13.8 General Commercial 19.9 11.6 Industrial/Flex 7.1 4.1 Open Space 1.1 0.6 Urban Neighborhood 119.7 69.8 55 Freeway/Dyer Road 354.5 - District Center 158.0 44.6 General Commercial 68.0 19.2 Industrial/Flex 127.4 35.9 Open Space 1.1 0.3 South Bristol Street 199.9 - District Center 108.3 54.2 Open Space 6.0 3.0 Urban Neighborhood 85.7 42.9 South Main Street 312.2 - Industrial/Flex 29.0 9.3 Institutional 19.2 6.1 Low Density Residential 162.3 52.0 City Council October 2021 41 - 204 12/21 /2021 Page 3 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Urban Neighborhood 101.7 32.6 West Santa Ana Boulevard 481.6 - Corridor Residential 10.0 2.1 General Commercial 21.5 4.5 Industrial/Flex 87.9 18.3 Institutional 45.5 9.4 Low Density Residential 108.1 22.4 Low -Medium Density Residential 6.8 1.4 Medium Density Residential 27.0 5.6 Open Space 133.6 27.7 Professional and Administrative Office 6.2 1.3 Urban Neighborhood 35.0 7.3 Balance of City 11,598.8 - District Center 124.2 1.1 General Commercial 424.2 3.7 Industrial 2,159.6 18.6 Institutional 886.7 7.6 Low Density Residential 6,173.3 53.2 Low -Medium Density Residential 429.0 3.7 Medium Density Residential 335.3 2.9 One Broadway Plaza District Center 4.1 0.0 Open Space 793.8 6.8 Professional and Administrative Office 260.4 2.2 Urban Neighborhood 4.1 0.0 Not Specified 4.1 0.0 Total 13,118.5 100% Source: Figures aggregated and projected by PlaceWorks, 2020. The full buildout scenario is analyzed in comparison to existing conditions. Table 1-2 details buildout statistics. Similarly, the PEIR provides conclusions regarding impact significance for this scenario for both the proposed GPU and project alternatives. City Council Page 4 41 - 205 12/21 /2021 PlaceVorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mitigation Monitoring and Reporting Program Table 1-2 Buildout Statistical Summary PLANNING AREA BUILDOUT I Housing Units Bldg. Sq. Ft.' Jobs FOCUS AREAS 23,955 15,684,285 35,044 55 Freeway/Dyer Road 9,952 6,142,283 13,302 Grand Avenue/17th Street 2,283 703,894 1,622 South Bristol Street 5,492 5,082,641 11,192 South Main Street 2,308 946,662 2,151 West Santa Ana Boulevard 3,920 2,808,805 6,777 SPECIFIC PLAN / SPECIAL ZONING 20,524 16,958,445 39,702 Adaptive Reuse Overlay Zone2 1,260 976,935 2,567 Bristol Street Corridor Specific Plan 135 143,139 282 Harbor Mixed Use Transit Corridor Specific Plan 4,622 1,967,982 1,578 MainPlace Specific Plan 1,900 2,426,923 5,380 Metro East Mixed -Use Overlay Zone 5,551 4,685,947 12,258 Midtown Specific Plan 607 1,818,253 4,615 Transit Zoning Code 6,449 4,939,266 13,022 ALL OTHER AREAS OF THE CITY3 70,574 40,325,086 95,670 CITYWIDE TOTAL 115,053 72,967,816 170,416 Source: City of Santa Ana 2020. 1 Only includes nonresidential building square footage. 2 The figures shown on the row for the Adaptive Reuse Overlay represents parcels that are exclusively in the Adaptive Reuse Overlay boundary. Figures for parcels that are within the boundaries of both the Adaptive Reuse Overlay Zone and a specific plan, other special zoning, or focus area boundary are accounted for in the respective specific plan, other special zoning, or focus area. 3 The City has included an assumption for growth on a small portion (5 percent) of residential parcels through the construction of second units, which is distributed throughout the city and is not concentrated in a subset of neighborhoods. Additional growth includes known projects in the pipeline and an increase of 10 percent in building square footage and employment for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. 1.3 PROJECT LOCATION The City of Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of the city of Newport Beach. The city is bordered by the city of Orange and unincorporated areas of Orange County to the north, the city of Tustin to the east, the cities of Irvine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel within its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. City Council 41 - 206 12/21/2021 October 2021 Page 5 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Draft PEIR and Recirculated Draft PEIR, specifications are made herein that identify the action required and the monitoring and reporting that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the MMRP. To effectively track and document the status of mitigation measures, a mitigation matrix has been prepared (see Table 1-3). City Council Page 6 41 — 207 12/21 /2021 PlaceWorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible I Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor 5.2 AIR QUALITY AQ-1 Prior to discretionary approval by the City of Santa Ana for Prior to Project Applicant City of Santa City of Santa development projects subject to CEQA (California Environmental discretionary and Construction Ana Building Ana Building Quality Act) review (i.e., non-exempt projects), project applicants shall approval Contractor Safety Division Safety prepare and submit a technical assessment evaluating potential project Division construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: • Use of nontoxic soil stabilizers to reduce wind erosion. • Apply water every four hours to active soil -disturbing activities. • Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. October 2 Page 7 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. AQ-2 Prior to discretionary approval by the City of Santa Ana for Prior to the Property Owner/ City of Santa City of Santa development projects subject to CEQA (California Environmental discretionary Developer Ana Building Ana Building Quality Act) review (i.e., non-exempt projects), project applicants shall approval Safety Division Safety prepare and submit a technical assessment evaluating potential project Division operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug- in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. Page 8 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. October 2 Page 9 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor AQ-3 Prior to discretionary approval by the City of Santa Ana, project Prior to future Property Owner/ City of Santa City of Santa applicants for new industrial or warehousing development projects that discretionary Developer Ana Building Ana Building 1) have the potential to generate 100 or more diesel truck trips per day project approval Safety Division Safety or have 40 or more trucks with operating diesel -powered transport Division refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. AQ-4 Prior to discretionary approval by the City of Santa Ana, if it is Prior to future Property Owner/ City of Santa City of Santa determined that a development project has the potential to emit discretionary Developer Ana Building Ana Building nuisance odors beyond the property line, an odor management plan project approval Safety Division Safety shall be prepared by the project applicant and submitted to the City of Division Santa Ana for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to: • Wastewater treatment plants Page 1 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • Composting, green waste, or recycling facilities • Fiberglass manufacturing facilities Painting/coating operations • Large -capacity coffee roasters • Food -processing facilities The odor management plan shall demonstrate compliance with the South Coast Air Quality Management District's Rule 402 for nuisance odors. The Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document prepared for the development project and/or incorporated into the project's site plan. 5.3 BIOLOGICAL RESOURCES BIO-1 For development or redevelopment projects that would disturb Concurrent with Project Applicant/ City of Santa City of Santa vegetated land or major stream and are subject to CEQA, a qualified submittal of site Developer Ana Building Ana Building biologist shall conduct an initial screening to determine whether a site- development plans Safety Division Safety Division specific biological resource report is warranted. If needed, a qualified and prior to the biologist shall conduct a field survey for the site and prepare a issuance of biological resource assessment for the project, including an grading permits assessment of potential impacts to sensitive species, habitats, and jurisdictional waters. The report shall recommend mitigation measures, as appropriate, to avoid or limit potential biological resource impacts to less than significant. 5.4 CULTURAL RESOURCES CUL-1 Identification of Historical Resources and Potential Project Prior to issuance Project City of Santa City of Santa Impacts. For structures 45 years or older, a Historical Resources of grading permits Applicant/ Ana Building Ana Building Assessment (HRA) shall be prepared by an architectural historian or Developer Safety Division Safety historian meeting the Secretary of the Interior's Professional Division October 2 age 11 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of Prior to any Property Owner City of Santa City of Santa the Interior's Standards for the Treatment of Historic Properties shall be disturbance of a or Project Ana Building Ana Building used to the maximum extent practicable to ensure that projects historical resource, Applicant/ Safety Division Safety involving the relocation, conversion, rehabilitation, or alteration of a as determined by Developer Division historical resource and its setting or related new construction will not the intensive -level impair the significance of the historical resource. Use of the Standards historical shall be overseen by an architectural historian or historic architect evaluation of a meeting the Secretary of the Interior's Professional Qualification property Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. Page 9 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-3 Documentation, Education, and Memorial ization. If the City Prior to the Project City of Santa City of Santa determines that significant impacts to historical resources cannot be issuance of Applicant/ Ana Building Ana Building avoided, the City shall require, at a minimum, that the affected historical grading permits, Developer Safety Division Safety resources be thoroughly documented before issuance of any permits and for any Division and may also require additional public education efforts and/or subsequent permit memorialization of the historical resource. Though demolition or involving alteration of a historical resource such that its significance is materially excavation to impaired cannot be mitigated to a less than significant level, recordation increased depth of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (NABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. October 2 7 age 13 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-4 For projects with ground disturbance—e.g., grading, excavation, Prior to the Project City of Santa City of Santa trenching, boring, or demolition that extend below the current grade— issuance of Applicant/ Ana Building Ana Building prior to issuance of any permits required to conduct ground -disturbing grading permits Developer Safety Division Safety activities, the City shall require an Archaeological Resources Division Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and Prior to any ground Project City of Santa City of Santa impacts cannot be avoided, a Phase II Testing and Evaluation disturbing activities Applicant/ Ana Building Ana Building investigation shall be performed by an archaeologist who meets the Developer Safety Division Safety Secretary of the Interior's Standards to determine significance prior to Division any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). Page 14 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-6 If the archaeological assessment did not identify archaeological Prior to Project City of Santa City of Santa resources but found the area to be highly sensitive for archaeological construction Applicant/ Ana Building Ana Building resources, a qualified archaeologist and a Native American monitor activities Developer Safety Division Safety approved by a California Native American Tribe identified by the Native Division American Heritage Commission as culturally affiliated with the project area shall monitor all ground -disturbing construction and pre - construction activities in areas of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. October 2 7 age 15 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor CUL-7 If an Archaeological Resources Assessment does not identify Prior to Project City of Santa City of Santa potentially significant archaeological resources but the site has construction Applicant/ Ana Building Ana Building moderate sensitivity for archaeological resources (Mitigation Measure activities Developer Safety Division Safety CUL-4), an archaeologist who meets the Secretary's Standards shall Division be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. 5.6 GEOLOGY AND SOILS GEO-1 High Sensitivity. Projects involving ground disturbances in previously During ground Project City of Santa City of Santa undisturbed areas mapped as having "high" paleontological sensitivity disturbing activities Applicant/ Ana Building Ana Building shall be monitored by a qualified paleontological monitor on a full-time Developer Safety Division Safety basis. Monitoring shall include inspection of exposed sedimentary units Division during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities.. Page 16 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for Prior to the Project City of Santa City of Santa projects involving ground disturbance in previously undisturbed areas issuance of Applicant/ Ana Building Ana Building mapped with "low -to -high" paleontological sensitivity (see Figure 5.6-3), grading permits Developer Safety Division Safety the project applicant shall consult with a geologist or paleontologist to Division confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or During ground Project City of Santa City of Santa geologic formation, construction work shall halt within a 50-foot radius disturbing activities Applicant/ Ana Building Ana Building of the find until its significance can be determined by a qualified Developer Safety Division Safety paleontologist. Significant fossils shall be recovered, prepared to the Division point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 5.7 GREENHOUSE GAS EMISSIONS GHG-1 The City of Santa Ana shall update the Climate Action Plan (CAP) Every five years City of Santa City of Santa City of Santa every five years to ensure the City is monitoring the plan's progress Ana Building Ana Building Ana Building toward achieving the City's greenhouse gas (GHG) reduction target Safety Division in Safety Division Safety and to require amendment if the plan is not achieving the specified coordination with Division level. The update shall consider a trajectory consistent with the GHG Project emissions reduction goal established under Executive Order S-03-05 Applicant/ for year 2050 and the latest applicable statewide legislative GHG Developer emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following: October 2 age 17 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor • GHG inventories of existing and forecast year GHG levels. • Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of Executive Order S-03-05. • Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP: • Administration and Staffing • Finance and Budgeting ■ Timelines for Measure Implementation ■ Community Outreach and Education ■ Monitoring, Reporting, and Adaptive Management ■ Tracking Tools Furthermore, the following measures will be considered when the City updates the Climate Action Plan: • Measures to protect the most vulnerable populations • Measure to increase carbon sinks • Standards for electric vehicle parking • Standards for construction projects 5.12 NOISE N-1 Construction contractors shall implement the following measures for Prior to issuance Project City of Santa City of Santa construction activities conducted in the City of Santa Ana. Construction of demolition, Applicant/ Ana Building Ana Building plans submitted to the City shall identify these measures on demolition, grading, and/or Developer and Safety Division Safety grading, and construction plans submitted to the City: The City of Santa building permits Architect Division Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, Page 1 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise - sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the October 2 7 age 19 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. N-2 Prior to issuance of a building permit for a project requiring pile driving Prior to the Project City of Santa City of Santa during construction within 135 feet of fragile structures, such as historical issuance of Applicant/ Ana Building Ana Building resources, 100 feet of non -engineered timber and masonry buildings building permits Developer Safety Division Safety (e.g., most residential buildings), or within 75 feet of engineered concrete Division and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. N-3 New residential projects (or other noise -sensitive uses) located within Prior to the Project City of Santa City of Santa 200 feet of existing railroad lines shall be required to conduct a issuance of Applicant/ Ana Building Ana Building groundborne vibration and noise evaluation consistent with Federal building permits Developer Safety Division Safety Transit Administration (FTA)-approved methodologies. Division Page 2 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor N-4 During the project -level California Environmental Quality Act (CEQA) Prior to the Project City of Santa City of Santa process for industrial developments under the General Plan Update or issuance of Applicant/ Ana Building Ana Building other projects that could generate substantial vibration levels near building permits Developer and Safety Division Safety sensitive uses, a noise and vibration analysis shall be conducted to Acoustical Division assess and mitigate potential noise and vibration impacts related to the Engineer operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. 5.15 RECREATION REC-1 The City shall monitor new residential development within the Dyer/55 Prior to the Project City of Santa City of Santa Fwy focus area. Development proposals for projects including 100 or issuance of Applicant/ Ana Building Ana Building more residential units shall be required to prepare a public park occupancy permits Developer Safety Division Safety utilization study to evaluate the project's potential impacts on existing Division public parks within a one half (1/2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. 5.16 TRIBAL CULTURAL RESOURCES CUL-4 For projects with ground disturbance—e.g., grading, excavation, Prior to the Project City of Santa I City of Santa I trenching, boring, or demolition that extend below the current grade— issuance of Applicant/ Ana Building Ana Building prior to issuance of any permits required to conduct ground -disturbing grading permits Developer Safety Division October 2 age 21 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor activities, the City shall require an Archaeological Resources Safety Assessment be conducted under the supervision of an archaeologist Division that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and Prior to any ground Project City of Santa City of Santa impacts cannot be avoided, a Phase II Testing and Evaluation disturbing activities Applicant/ Ana Building Ana Building investigation shall be performed by an archaeologist who meets the Developer Safety Division Safety Secretary of the Interior's Standards to determine significance prior to Division any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). CUL-6 If the archaeological assessment did not identify archaeological Prior to Project City of Santa City of Santa resources but found the area to be highly sensitive for archaeological construction Applicant/ Ana Building Ana Building resources, a qualified archaeologist shall monitor all ground -disturbing activities Developer Safety Division Safety construction and pre -construction activities in areas with previously I I I I Division Page 2 ace ork r GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Document Completion Date Responsible Location Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards, and tribal consultation shall be conducted in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. CUL-7 If an Archaeological Resources Assessment does not identify Prior to Project City of Santa City of Santa potentially significant archaeological resources but the site has construction Applicant/ Ana Building Ana Building moderate sensitivity for archaeological resources (Mitigation Measure activities Developer Safety Division Safety CUL-4), an archaeologist who meets the Secretary's Standards shall Division be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any October 2 age 23 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-3 Mitigation Monitoring and Reporting Requirements Responsible Document Location Completion Date Implementing Responsible (Monitoring Responsible Project Mitigation Mitigation Measure Timing Party Monitoring Party Record) Monitoring Party Monitor collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Page 24 ace orks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program This page intentionally left blank. October 2 age 25 EXHIBIT 3 All materials for Exhibit 3 may be accessed at: https://www.santa-ana.org/general- plan/draft-documents and are also on file and available at the City's Planning and Building Agency. City Council 41 — 227 12/21/2021 Clarifications to the August 2021 Draft General Plan Draft Policy Framework, Maps, Tables, Implementation, and Text November 29, 2021 golden city A SXAR0.11 YISFON FO0. BANSA-A The following represents minor revisions and corrections made to the August 2021 version of the Draft Santa Ana General Plan, in addition to the clarification of November 1 and November 8, 2021. The updated content is shown by element, with policy and implementation actions displayed with tracked changes. Updates to maps, tables, time frames, and other edits are either described, shown with tracked changes, or displayed as final content with a brief description of the nature of the changes. 141e1d:111VA41 I&IaL1III 1 - Page 5-09, POLICY 5-4.2 FEDERAL AVIATION REGULATION PART 77 Do not approve buildings and structures that would penetrate Federal Aviation Regulation (FAR) Part 77 Imaginary Obstruction Surfaces, unless, feund consistent with the California Public Utilities Code Section 21240, such building or structure is determined by FAA to pose "no hazard" to air aviation.by the Ai F P e Ft La d 6- se C-e;, FR,;ss+o„TAL IJQ. Additionally, under this Policy,^ efdane +" � P@Ft :7:7Fequ applicants proposing buildings or structures that penetrate the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC4-ef LAND USE ELEMENT Figure LU-4, Density and Intensity Map, page LU-16 Remove outlines to identify GC areas east of the 55 Freeway/Dyer Focus Area and the small parcels with the West Santa Ana Blvd Focus Area to the standard GC of 0.5 FAR. Table LU-3, Density and Intensity Standards, page LU-17 - Add the following to the end of Footnote 1. "FAR calculations exclude structured parking square footage." - Add the following to the end of Footnote 4. "Westview Housing project (SD-97) designated as UN-40 allow density up to 42.5 Du/acre." Figure LU-15, Land Use Map, West Santa Ana Boulevard, page LU-48 Remove the outline and label from the GC areas, with exception of the block of GC located northwest of First Street and Townsend. City Council 1 41 — 228 12/21/2021 Clarifications to the August 2021 Draft General Plan November 29, 2021 Table LU-6, Land Use Designations, West Santa Ana Boulevard, page LU-49 Remove the "GC-1.5" reference and replace with standard "GC" reference (0.5 FAR and 35 feet maximum height) and GC-1 for the block of GC northwest of First Street and Townsend (also 35 feet maximum height). Figure LU-18, Land Use Map, 55 Freeway and Dyer Road, page LU-56 - Add the "GC" label to the area east of the 55 freeway. Table LU-7, Land Use Designations, 55 Freeway and Dyer Road, page LU-56 - Change the 2-story maximum height reference to 35 feet for the CG-1.5 area. - Add a row for General Commercial with 0.5 FAR and 35' maximum height. Figure LU-1, Page LU-12: - Change land use designation on map for the Legacy Sunflower project to UN-50. Table LU-3, Page LU-17: Change Note 4 as follows: Exception Areas. The Lake Center Development, near Lake Center Drive and Susan Street, defined by Specific Development Plan Number 58 (SD-58), allows intensities up to 0.72 FAR. The property located at 4040 W. Carnegie Ave. and approved by GPA No. 2000-08 allows intensities up to 0.47 FAR. Select properties designated UN-30 may also permit Hybrid Court building types with higher residential densities per the Transit Zoning Code. The 4th and Mortimer project in SD-84 designated UN-30 allows densities up to 50 du/ac. The Sunflower Legacy project in SD-94 designated UN-50 allows densities up - 63 units per acre. The Harbor Corridor Specific Plan District Centers are limited to a max of 90 units per acre. Page LU 22, 23, 24 add Footnote #4. "Refer to page LU-14 for Mixed Use Intensity/Density clarification." Table LU-4, Page LU-30; Table LU-5, Page LU-40; Table LU-6, Page LU-49; Table LU-7, Page LU-56; Table LU-8, Page LU-62: - Revise the note as follows: Coo Table I I I_o Net r- fe— All F c n.e.a Desig atiens f.,.- ad-d-itie—RaI .IULebIveLe: :j Table LU-9 on pane LU-68 for additional criteria for all Focus Area desienations. Table LU-9, Page LU-68: Revise all references to "Focus Area Interim Development Guidelines" to "Focus Area Interim Development Standards" to ensure that readers understand the City's intent to use the direction provided in Appendix A as zoning regulations until such time that the City's Municipal Code is updated. Land Use Maps: - Figure LU-1, Page LU-12; Figure LU-4, Page LU-17; and Figure LU-18, Page LU-56: Remove "GC" designation from Hotel Terrace Drive. - Figure LU-1, Page LU-12 and Figure LU-4, Page LU-16 as follows: City Council 2 41 — 229 12/21/2021 Clarifications to the August 2021 Draft General Plan November 29, 2021 Revise the following land use designations approved through prior general Plan amendments: Northeast block of Mountain View and First Street to match existing persuant GPA No. 2020-04. Hapham Project on Edinger Avenue GPA No. 2017-03; Sunflower Legacy Project GPA No. 2019-01; Westview Housing on 17t" Street GPA No. 2020- 07. The land use designations for the following properties identified by assessor parcel number (APN) have been corrected to correspond with the existing land use designations (APN 003- 161-10, 144-551-52, 016-045-19, 398-441-06, 411-131-38). No land use changes are proposed for these sites. • The land use designations for the following properties identified by assessor parcel number (APN) have been corrected to correspond with existing right-of-ways and will not be assigned a land use designation (APNs: 411-131-11, 008-131-33, 430-222-18, 430-222-19, 430-222-15, 430-222-17, 430-222-20, 430-222-22, 430-222-23, 398-082-33, 398-221-22, 398-221-23, 430-222-10, & 430-222-11). • The land use designations for the following properties identified by assessor parcel number have been revised to coincide with surrounding land uses or City park project (APNs: 396- 261-26, 396-261-38, 396-261-37, 396-261-38, 011-251-17, 011-251-18, 011-251-19, & 011- 251-20) OPEN SPACE ELEMENT Figure OS-2, Page OS-09 Figure OS-2: - Change the legend to read "Joint -use P-ar* School". Table OS-3 Open Space Element Implementation, Page OS 16: OS 1.7: Public parkland requirements for residential projects. Update the Residential Development Fee Ordinance for I -Larger rResidential pRrojects to require public parkland within City limits and a 10-minute walking distance of the new residential projects. OS 1.7a: Open Space and Park land Incentives. Allow developers a reduction in on -site open space by giving credits for the provision of park land for public use. Establish a process and program to incentivize developers to provide additional on -site and/or publicly accessible open space through the OFdonation between tw ^ 'clentoal PFGj ^Ets (of any sizeto create public park land and open space, such as expl^� ^^ ^ ^ housing density bonus eptiens Research and collaborate with residents, developers, and community organizations to design and implement an open space density bonus to incentivize the creation of additional on -site open space in exchange for more density in the project. Agency/Timeframe: PBA/PRCSA 2022 INTRODUCTION - Add an Introduction section for the General Plan to provide a brief overview of the GP's organization, a summary of the update process, and a glossary. City Council 3 41 — 230 12/21/2021 Clarifications to the August 2021 Draft General Plan Draft Policy Framework and Maps golden city beyond A SHARED VISION FOR SANFA ANA November 8, 2021 The following represents minor revisions and corrections made to the August 2021 version of the Draft Santa Ana General Plan. The updated content is shown by element, with draft policy and implementation items displayed with tracked changed. Updates to maps, tables, time frames for implementation actions, and other text edits are either described or displayed as final content with a brief description of the nature of the changes. LAND USE ELEMENT Table LU-5, Land Use Designations, Grand Avenue and 171" Street Table LU-6, Land Use Designations, West Santa Ana Boulevard Table LU-7, Land Use Designations, 55 Freeway and Dyer Road - Revise General Commercial Land Use designation references in the Focus Areas such that the maximum height is changed from two (2) stories to 35 feet, consistent with height limit in General Commercial land use designations citywide. Figure LU-18, Land Use Map, 55 Freeway and Dyer Road - Revise proposed General Commercial (GC) land use designation area east of the 55 Freeway, from 1.5 FAR back to existing 0.5 FAR (consistent with the existing land uses and zoning district allowances). Figure LU-19, Artist Rendering, 55 Freeway and Dyer Road - Note #2, General Commercial "The area surrounding .... allowing for existing hotel uses on both sides of the 55 Freeway to remain and promoting new commercial development. MOBILITY ELEMENT Figure M-2, Master Plan of Bikeways - Revise to show the following: 1. Newhope Street (New Class II) a. between McFadden Avenue to 1st Street b. between Hazard Avenue to Westminster Avenue 2. McFadden Avenue between West City Limit to Harbor Boulevard (New Class II) 3. Fairview Street (New Class 1) City Council 1 41 - 231 12/21/2021 Clarification to the August 2021 Draft General Plan November 8, 2021 a. Between Civic Center Drive and Trask Avenue b. Between Warner Avenue and Sunflower Avenue 4. Susan Street between Alton Avenue and MacArthur Boulevard (New Class 11) 5. Santa Ana River (New Class 1) a. between Edinger Avenue and MacArthur Boulevard b. between Memory Lane and SR-22 6. PE ROW between Westminster Avenue and Raitt Street (New Class 1) 7. OCFCD (New Class 1) a. between Westminster Avenue and West City Limit b. between 15t Street and Monta Vista Avenue c. between Occidental Street and Alton Avenue d. between Edinger Avenue and Sunflower Avenue 8. LOSSAN Corridor between 6t" Street and Chestnut Avenue (New Class 1) 9. Greenville Street between Edinger Avenue and Warner Avenue (New Class 11) 10. Willits Street between Orange County District Flood Channel and Raitt Street (Class IV to Class II) 11. Walnut Avenue (Class 11 to Class 111) a. between 15t street and Raitt Street b. between west of Pacific Avenue and Pacific Avenue 12. Bristol Street between Edinger Avenue and Washington Avenue (New Class IV) 13. Civic Center Drive between Bristol Street and Broadway (New Class II) 14. Chestnut Avenue between Cypress Avenue and Grand Avenue (New Class 11) 15. Cypress Avenue between Chestnut Avenue and 1st Street (New Class II) 16. Standard Avenue between 1st Street and 4t" Street (New Class II) 17. 5t" Street French Street to Lacy Street (New Class 11) 18. Lacy Street between 5t" Street and 6t" Street (New Class III) 19. Brown Street between Lacy Street and Garfield Street (New Class IV) 20. Garfield Street between Brown Street and 6t" Street (New Class IV) 21. 15t Street between Grand Avenue and East City Limit (New Class IV) 22. Cabrillo Park Drive between 1" Street and 4t" Street (New Class 11) 23. Grand Avenue (New Class II) a. between 215Y Street and Fairhaven Avenue b. 1" Street and 4t" Street 24. Fairhaven Avenue Dayna Street to East City Limit (New Class IV) 25. Sunflower Avenue Bristol Street to Main Street (New Class 11) 26. Warner Avenue Pullman Street to Red Hill Avenue (New Class II) Implementation Action M-4.4 - Reevaluate the Residential Permit Parking Program to ensure it complies with state law and best practices. City Council 41 — 232 12/21/2021 Clarifications to the August 2021 Draft General Plan Draft Policy Framework, Maps, Tables, Implementation, and Text November 1, 2021 golden city The following represents minor revisions and corrections made to the August 2021 version of the Draft Santa Ana General Plan. The updated content is shown by element, with policy and implementation actions displayed with tracked changes. Updates to maps, tables, time frames, and other edits are either described, shown with tracked changes, or displayed as final content with a brief description of the nature of the changes. VISION STATEMENT [each element] A SHARED VISION Santa Ana is a city that promotes the health and wellness of all residents, with a civic culture that actively embraces the power of diversity. Our city invests in resources that create economic opportunities for the next generation, and it is a community that celebrates our past while working together to create a sustainable future. CONSERVATION ELEMENT Implementation Action 1.19 - Climate Action Plan. Review and update the City's Climate Action Plan. Time frame: 2023 [updated to reflect Council Climate Action Resolution on 917121] Table CN-1, CalEnviroScreen Scores for Environmental Justice Communities The table was updated with the final CES 4.0 results, which were finalized and released in October 2021. Based on the final composite scores, two census tracts were added that met the 75t" percentile criteria (6059074005 and 6059074106) and one census tract was removed that no longer met the 75t" percentile criteria (6059074004). The individual composite, pollution, and population percentile scores, as well as the individual pollution and population variables were also updated based on the finalized CES 4.0 results. Figure CN-3, Environmental Justice Communities - The map updated with the final CalEnviroScreen (CES) 4.0 results, which were finalized and released in October 2021. Based on the final composite scores, two census tracts were added that met the 75t" percentile criteria (6059074005 and 6059074106) and one census tract was removed that no longer met the 75t" percentile criteria (6059074004). City Council 1 41 — 233 12/21/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 OPEN SPACE ELEMENT - POLICY OS-1.2 PARKS AND RECREATION SYSTEM* Provide and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. - POLICY OS-1.3 PARK STANDARD* Establish and maintain public parks, open space, and recreation requirements for new residential and nonresidential development to provide sufficient opportunities for Santa Ana residents and visitors. Attain a minimum of two acres of land per 1,000 persons residing in the City of Santa Ana. - POLICY OS 1.4 PARK DISTRIBUTION* Ensure the City residents have access to public or private parks, recreation facilities, or trails in the City of Santa Ana, within 10-minute walking and biking distance of home. Prioritize provision, programs, and partnerships in park deficient an environmental justice areas. [Policy OS-1.4 was left out of the August 2021 draft due to an editing error and showed up as a duplicate of Policy OS-1.5.] Implementation Action 1.7 Public parkland requirements for residential projects. Update the Residential Development Fee Ordinance for Larger Residential Projects to require public parkland within City limits and a 10- minute walking distance of the new residential projects. Allow developers a reduction in on -site open space by giving credits for the provision of park land for public use. Establish a process and program to incentivize publicly accessible open space through the coordination between two or more residential projects (of any size) to create public park land and open space, such as exploring housing density bonus options . Implementation Action 1.16 [new action] - Acquisitions to meet park standard. Using the Park Master Plan as guidance, identify and acquire property within the City for park and open space use which will focus on bringing the park and recreation system to 2 acres of land per 1,000 residents with a plan to keep pace with future urban growth. Agency/Time Frame: PRCSA 2022 & ongoing Table OS-1, Open Space Resources - The table (listing and acreage) was updated to recategorize Roosevelt Community Center from a Neighborhood Park to as a joint -use facility and a part of the Roosevelt Community Center Park. - The table (listing and acreage) was updated to remove Griset Park and Neal Machander Tennis Center as both facilities are school facilities without joint -use agreements. - The table (listing and acreage) was updated to rename "Willard Intermediate Park" to "Willard Intermediate Playlot", with the acreage figure update to reflect more accurate boundaries. City Council 2 41 — 234 12/21/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 - The table (listing) was updated rename "Willard Intermediate Park" to "Willard Intermediate School". - The table (listing and acreage) was updated to remove Spurgeon Intermediate and Rosita Elementary schools as joint -use agreements are no longer active. - The table was updated to correct the number of linear miles of City bikeways/trails from 22.7 to 15.74 miles. - The table was updated to incorporate the numerical references found on Figure OS-1, Open Space Resources Figure OS-1, Open Space Resources - The map was corrected to be consistent with Figure M-2, Master Plan of Bikeways. The correction involved the removal of the Class I Bikeway/Trail segment west of Broadway. The map was corrected to reflect changes in Table OS-1, to correct the categorization of Standard and McFadden as a public park, to remove the sole private park, and to update the legend accordingly. Figure OS-2, Walking Distance to Park Facilities The map was updated to reflect the correct darker blue colorization for the Joint -use Park symbology, to reflect changes in Table OS-1, and to reflect a more accurate listing of joint -use facilities. SAFETY ELEMENT Table of Contents - The reference date for the City's draft Local Hazard Mitigation Plan was updated from March 2021 to August 2021 to reflect the latest version. Preamble, page S 01 - The following text was added to specifically incorporate the City's Local Hazard Mitigation Plan by reference into the General Plan. "The Local Hazard Mitigation Plan (LHMP) for the City of Santa Ana planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA's 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities." W_1►1WRII441a &Ia►III 1 - POLICY LU-1.6 TRANSIT ORIENTED DEVELOPMENT City Council 3 41 — 235 12/21/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 Encourage residential mixed -use development within the city's District Centers, Urban Neighborhoods, and adjacent to high -quality transit. - POLICY LU-2.8 CITY IMAGE Encourage land uses, development projects, and public art installations that promote the city's image as a cultural, governmental, and business -friendly regional center Implementation Action 3.25 - LU IA 3.25 Engage EJ communities. Work with community serving organizations, neighborhood leaders, and residents to form an Ad Hoc Committee to develop ongoing EJ Community Engagement programs for existing and new disadvantaged EJ communities, including multilingual communication protocols. Host biannual or quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies. Table LU-3, Density and Intensity Standards, page LU 17 - The table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. The table was revised to provide more specific maximum intensity and height standards for the MainPlace (DC-2.1) and City Place (DC-2.54) development areas that align with the approved zoning. Footnote 2, Typical Maximum Height, was revised as follows to add additional language to ensure that readers understand the City's intent to govern height through general plan policy standards and zoning regulations: Typical Maximum Height. The typical maximum heights identify the upper limit of a typical building height within each density and intensity category, but the actual maximum standard allowed on each site may be different than listed in this table. The allowable height of development on any parcel is subject to the zoning standards (in Chapter 41 of the Santa Ana Municipal Code) and, if within a focus area, the focus area maximum height (starting on page LU-26 of this element), both of which may further restrict the allowable height. Some properties within a height district, as defined in Section 41-602 of the municipal code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights above the typical maximum height depicted here. The general plan height standard shall equal the zoning height standard where the allowable height in the zoning standards differs from the typical maximum height shown in this table. This includes, but is not limited to the following: Metro East Mixed -Use Overlay - subzone Village Center = 6 story max, subzone Active Urban = no limit; Harbor Mixed Use Transit Corridor Specific Plan - subzone Transit Node = 10 story max, subzone Neighborhood Transitional = 3 story max, subzone Corridor = 4 story max; Transit Zoning Code - subzone Corridor = 3 story max. - Revised Footnote 4, Exception Areas, to add the following language: The 4th and Mortimer project designated UN-30 allows densities up to 50 du/ac. The Harbor Corridor Specific Plan District Centers are limited to a max of 90 units per acre. City Council 4 41 — 236 12/21/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 Figure LU-1, Land Use Map, page LU 12 - The map was revised to reflect the Change from DC-5 to UN -SO for portions of the Transit Zoning Code designated as Urban Center. Figure LU-4, Density and Intensity Map, page LU 16 The map was revised to change: o From DC-3 to DC 2.1 for the MainPlace SP o From DC-3 to DC 2.54 for the City Place development o From DC-3 to DC-5 for portions of the Harbor Corridor SP designated as Transit Node o From DC-5 to UN-50 for portions of the Transit Zoning Code designated as Urban Center o From UN-20 to UN-40 for portions of the Transit Zoning Code designated as Corridor o From UN-50 to UN -30 for portion of the Transit Zoning Code designated as Urban Neighborhood 2 Table of Contents - The title of Appendix A was revised from "Focus Area Interim Development Guidelines" to "Focus Area Interim Development Standards" to ensure that readers understand the City's intent to use the direction provided in Appendix A as zoning regulations until such time that the City's Municipal Code is updated. Caption to image before preamble - Sana Ana County Seat and Downtown. Introduction, page LU 02 - The city has also expanded beyond its historic role as the civic center and County Seat of Orange County and is emerging as the county's cultural and economic hub. Density and Intensity Standards, page LU 14 - First paragraph under previous header of "DENSITY AND INTENSITY IN SANTA ANA" moved to be first paragraph at the top of the page. Nonresidential Intensity Floor area ratio (FAR) is a measurement used to identify nonresidential land use intensity. The FAR is the ratio of the total gross floor area of all buildings on a lot compared to the total area of that lot. Higher FARs generally indicate larger buildings and/or more stories, but Figure LU-3, Floor Area Ratio (FAR), illustrates that the size and height of the building can vary a great deal within the same FAR. Note, FAR is also a measure used in mixed -use area buildout as described below. City Council 5 41 - 237 12/21/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 - Mixed Use Density and Intensity To encourage a dynamic mixture of residential, office, clean industrial, and commercial uses in mixed -use areas (Industrial/Flex, Urban Neighborhood, One Broadway Plaza District Center, and District Center'), when both residential and nonresidential uses are planned the density... [added Footnote 1]: 1. District Centers that are part of a special planning area, as shown on Figure LU-2, or subject to special development standards may be regulated by FAR alone. - Rounding [new text] When calculating the square footage allowed for a proposed development, no upward rounding is permitted in determining the final permitted intensity. Likewise, no upward rounding is permitted in calculating the allowable number of residential units. For example, in a calculation producing a yield of 12.7 units for a given development site, 12 units are permitted. Footnote 1, Typical Maximum Height, pages LU 18, 19, and 21 1. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The allowable height of development on any parcel is also subject to the zoning standards (Chapter 41 of the Santa Ana Municipal Code), which may further specify allowable height. Some properties within a height district, per Section 41-602 of the Municipal Code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights in excess of the typical maximum height shown here. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown on this page. Industrial / Flex category revisions, page LU 22 - Maximum Intensity in table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. Typical Maximum Height Footnote 1, page LU 22 1. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The allowable height of development on any parcel is also subject to the zoning standards (Chapter 41 of the Santa Ana Municipal Code), which may further specify allowable height. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown on this page. UN category revisions, page LU 23 - Maximum Intensity in table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. Typical Maximum Height Footnote 2, page LU 23 City Council 6 41 — 238 12/21/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 2. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown on this page. This includes, but is not limited to the following: Harbor Mixed Use Transit Corridor Specific Plan - UN-30 in subzone Neighborhood Transitional = 3 story max, UN-50 in subzone Corridor = 4 story max; Transit Zoning Code - UN-40 in subzone Corridor = 3 story max. UN-30 Footnote 3, page LU 23 3. UN-30 designations in the South Bristol Street Focus Area have a maximum height of 3 stories (see Table LU-8 on page LU-62). Where the maximum height allowed in a focus area conflicts with the height shown on this page, the focus area maximum height shall prevail. The 4th and Mortimer project designated UN-30 allows densities up to 50 du/ac. DC category revisions, page LU 24 DC 2.1 and DC 2.54 categories added table with description of DC land uses, with maximum intensity and height standards to align with the approved zoning. - Maximum Intensity in table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. Footnote 2, page LU 24 2. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be differentthan listed on this page. The allowable height of development on any parcel is also subject to the zoning standards (Chapter 41 of the Santa Ana Municipal Code), which may further specify allowable height. Some properties within a height district, per Section 41-602 of the Municipal Code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights in excess of the typical maximum height shown here. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown. This includes, but is not limited to the following: Metro East Mixed -Use Overlay - DC-3 in subzone Village Center= 6 story max, DC-3 in subzone Active Urban = no limit; Harbor Mixed Use Transit Corridor Specific Plan - DC-5 in subzone Transit Node =10 story max. Footnote 4, page LU 24 [new text] 4. The Harbor Corridor Specific Plan District Centers are limited to a max of 90 units per acre. City Council 7 41 — 239 12/21/2021 ABOUT THE MAP. This map displays the City's long-term plan for a comprehensive bicycle network, with a hierarchy of facilities that provide varying levels of design, signage, and separation from vehicles. The City intends to provide a safe and efficient system that reduces the reliance on the automobiles and facilitates an increase in bicycling by choice. Table M-2 describes each bicycle classification. Class I Path Class III Bike Route / Boulevard Class II Bike Lane Class IV Cycle Track Source: City of Santa Ana (2020) Date Published: 11/8/2021 Council I 1.,4 CITY OF SANTA ANA GENERAL PLAN 41 — 240 12/21129MURE M-2 MASTER PLAN OF BIKEWAYS TABLE CN-1. CALENVIROSCREEN SCORES FOR ENVIRONMENTAL JUSTICE COMMUNITIES Census Low Percentile Score & Quartile Rank Variables in the Upper Quartile Income Composite Pollution Population Pollution Population Tract Neighborhood(s) 6059074003 Delhi No •• 56 AQ DPM ITD I CS LB GWIHZIL 6059074300 Delhi, Madison Park Yes 73 AQ I S II I HZ LB I ED I HB i SW 6059074200 Delhi, Madison Park, Yes 71 AQ I GW I L I HZ ED I LI I POV Memorial Park Sunwood Central, 6059074005 Rosewood Baker, South Yes 65 AQ I L ED I LI Coast 6059074108 Centennial Park Yes ' • 66 AQ I L I CS I HZ LB I ED 6059074106 n/a Yes ' • ft4 AQ I CS I GW I HZ LB I ED 6059074109 Valley Adams Yes 65 AQ I L I HZ ED I HB 6059089004 Riverview West Yes AQ I DPM I L EDI LI I POV I HB 6059089001 Riverview West Yes 70 AQ ED I LI I POV I HB 6059089105 Santa Anita Yes 65 AQ I L I TD ED I LI POV I HB 6059074403 Cornerstone Village, Yes 57 AQ I TD I CS I HZ EDI LI I POV I HB Lyon St 6059074406 Lyon St, Saddleback AQ I DPM I TD I CS EDI LI I POV I HB View Yes Yes I SW L LB 6059074602 Madison Park, Pacific AQI CS I HZI L EDI LII POV I HB Park 6059074502 Cedar Evergreen, Yes AQ I CS I GW I HZ EDI LI I POV I HB Madison Park L French Court, French AQ I DPM I TD I CS 6059074405 Park, Lacy, Logan, Yes I SW I L ED LI POV HB Pacific Park Downtown, French Park, AQ I DPM I CS I HZ 6059075002 Heninger Park, Lacy, Yes I SW I L LB I ED LI I POV Pacific Park, Willard Rankings Quartile 2 = Moderate Quartile 3 = Poor • Variable in the CES 4.0 model: Pollution Exposure Environmental Effects Sensitive Population Socioeconomic Factors AQ = Air Quality (incl. CS = Toxic Cleanup Sites LB = Low Birth Weight LI = Linguistic Isolation Ozone, PM2.5, Toxic Releases) GW: Groundwater Threats POV = Poverty DPM- Diesel Particulate Matter HZ = Hazardous Waste HB = Housing Burden TD = Traffic Density SW = Solid Waste Sites/Facilities ED = Educational Attainment L = Lead UE = Unemployment Note: Indicators not ranked in upper quartile: air quality (ozone); air quality (PM2.5); drinking water contaminants; pesticide use; impaired water bodies; asthma; cardiovascular disease; unemployment. Low income status consistent with Assembly Bill 1550 and mapping by the California Air Resources Board. ity Council 41 — 241 12/21/2021 �� .1..A CITY OF SANTA ANA GENERAL PLAN TABLE CN-1. CALENVIROSCREEN SCORES FOR ENVIRONMENTAL JUSTICE COMMUNITIES 6059074901 Flower Park, Heninger Yes AQ I CS I HZ I L EDP LI I POV I UE Park, Pico Lowell 6059075201 Artesia Pillar Yes AQ I HZ L LBIEDILIIPOV � UE HB 6059075202 Artesia Pilar Yes AQ I CS I HZ I L ED I LI UE I HB 6059074801 Artesia Pilar, Central City Yes AQ I HZ I L ED I LI I POV 6059075004 French Court, Santa Ana Yes AQ DPM I TD L ED I LI I POV I HB Triangle 6059074805 Bella Vista Yes 63 AQ ED LI POV HB Flower Park, Washington 6059075100 Square, Willard, Floral Yes 64 AQ I CS I HZ I L ED I LI Park, West Floral Park 6059074802 Casa Bonita, Artesia Pilar Yes 58 AQ I CS I HZ I L ED I LI I POV Rankings uartile 1 =Good Quartile 2 = Moderate Quartile 3 = Poor Quartile ruartile I = Good Variable in the CES 4.0 model: Pollution Exposure Environmental Effects Sensitive Population Socioeconomic Factors AQ = Air Quality (incl. CS = Toxic Cleanup Sites LB = Low Birth Weight LI = Linguistic Isolation Ozone, PM2.5, Toxic Releases) GW: Groundwater Threats POV = Poverty DPM- Diesel Particulate Matter HZ = Hazardous Waste HB = Housing Burden TD = Traffic Density SW = Solid Waste Sites/Facilities ED = Educational Attainment L = Lead UE = Unemployment Note: Indicators not ranked in upper quartile: air quality (ozone); air quality (PM2.5); drinking water contaminants; pesticide use; impaired water bodies; asthma; cardiovascular disease; unemployment. Low income status consistent with Assembly Bill 1550 and mapping by the California Air Resources Board. City Council 41 — 242 12/21 /20 CITY OF SANTA ANA GENERAL PLAN ABOUT THE MAP. This map shows the boundaries of Santa Ana's environmental justice communities based on data from CalEPA's CalEnviroScreen tool. The boundaries represent the areas where the City's policies will emphasize and prioritize improving existing environmental conditions, expanding access to public facilities and resources, and augmenting opportunities for civic engagement. _ Environmental Justice Communities FIGURE CN-3 ENVIRONMENTAL JUSTICE COMMUNITIES Source: CalEnviroScreen 4.0 Date Published: 11/1/2021 Environmental Justice Community: The City uses a mapping tool from CaIEPA called CalEnviroScreen (CES) to identify the mostvulnerable and disadvantaged areas in Santa Ana. The CES tool measures 21 indicators for every census tract in California related to people's exposure to pollution and quality of life. The results for each census tract are combined and measured against every other census tract, producing a composite score that ranks census tracts from the least impacted to the most impacted. Those ranked in the top 25 percent —shown with values between 15 and 100 percent —are considered disadvantaged or environmental justice communities. City Council 41 — 243 12/21 CITY OF SANTA ANA GENERAL PLAN 10 ii-T1T! TABLE 05-1. OPEN SPACE RESOURCES Park Name COMMUNITY 1. Carl Thornton Park Acres 32.70 Park Name 3. Jerome Park Acres 19.27 Park Name 5. Santiago Park Acres 34.57 2. Centennial Regional Park NEIGHBORHOOD PARKS 6. Adams Park 65.26 145.86 5.68 4. Memorial Park 14. Edna Park 16.30 3.56 -- 22. Portola Park -- 9.07 7. Angels Community Park 1.60 15. El Salvador Park 8.91 23. Riverview Park 8.33 8. Birch Park 2.37 16. Fisher Park 2.58 24. Rosita Park 8.68 9. Bomo Koral Park 10.40 17. Heritage Park 6.44 25. Sandpointe Park 7.73 10. Cabrillo Park 7.60 18. Lillie King Park 10.40 26. Santa Anita Park 5.05 11. Cabrillo Tennis Center 3.61 19. Mabury Park 5.46 27. Windsor Park 10.81 12. Cesar Chavez Campesino Park 6.48 20. Madison Park 6.04 -- -- 13. Delhi Park SMALL PARKS 28. 17th Street Triangle 9.94 11.84 0.70 21. Morrison Park 34. Garfield Fitness Park 5.12 0.10 -- 40. Raitt and Myrtle -- 1.09 29. Chepa's Park 0.41 35. Maple occidental Exercise Park 0.96 41. Saddleback View Park 0.92 30. Colonel William W. Eldridge Park 1.20 36. Mariposa Park 0.43 42. Sarah May Downie Herb Garden 0.13 31. Fairview Triangle 0.74 37. McFadden Triangle Park 0.77 43. Segerstrom Triangle Park 1.33 32. French Park 0.21 38. Memory Lane Park 0.56 44. Standard and McFadden Park 0.66 33. Friendship Park SPECIALTY PARKS 46. Civic Center Plaza 0.10 24.78 4.89 39. Pacific Electric Park 48. Santa Ana Zoo at Prentice Park 1.41 18.75 45. Willard Intermediate Playlot -- 0.12 -- 47. Plaza Calle Cuatro • •• 50. Garfield Community Center 0.20 0.39 49. Sasscer Park 0.94 53. Madison Elementary School 0.03 56. Willard Intermediate School -- 4.85 51. Godinez Fundamental High School 18.58 54. Monte Vista Elementary School 2.40 -- -- 52. James Monroe Elementary School OTHER OPEN SPACE 57. River View Golf Course 2.91 282.77 81.78 55. Roosevelt Community Center Park 2.62 59. Fairhaven Memorial Cemetery 66.83 -- 61. St. John's Lutheran Cemetery -- 4.23 58. Willowick Golf Course 102.11 City Bikeways/Trails - 15.74 miles 60. Santa Ana Cemetery 27.82 Santa Ana River Trail - 3.70 miles -- -- TOTAL• OTHER ••TOTAL Notes: The numbering corresponds to the labels on Figure OS-1, Open Space Resources. The list of parks and acreage figures are accurate as of October 2021. All figures are subject to rounding. ity Council 41 - 244 12/21/2021 �� i A CITY OF SANTA ANA GENERAL PLAN ABOUT THE MAP. This map shows the number, type, and distribution of open space areas in Santa Ana, with the majority representing parks and trails owned and operated by the City. The City also maintains joint -use agreements with schools to expand public parks and recreation resources. Golf course and cemetery areas provide a more limited form of recreation or open space. See Table OS-1, Open Space Resources, for a listing of parks and open space resources with numbering that is consistent with the labels on this figure. Open Space Type _ Community Park _ Neighborhood Park _ Small Park _ Specialty Park _ Joint -use School Source: City of Santa Ana 2021 Date Published:11/22/2021 Golf Course Class 1 Bikeway/Trail (Existing & Planned) Cemetery FIGURE &y Council OPEN SPACE RESOURCES 41 — 245 12/21 /20 CITY OF SANTA ANA GENERAL PLAN 10 i i .1T ABOUT THE MAP. This map shows the walking distance from publicly accessible parks. This map can help identify neighborhoods that may be underserved or have limited access to parks and recreation facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents. GARDEN GROVE I! FOUNTAIN VALLEY TUSTIN 0\ 1Mi Source: City of Santa Ana 2021 Date Published: 11/29/2021 Park Type Walking Distance From Existing or Proposed Park _ Community Park Specialty Park 1/4 Mile _ Neighborhood Park Joint -use School 1/2 Mile _ Small Park Class 1 Bikeway/Trail Current or Future Residential Area more than 1/2 Mile (Existing & Planned) Walking Distance from an Existing or Planned Park Facility FIGURE 6 4 Council WALKING DISTANCE TO PARK FACILITIES 41 - 246 12/21 /20 ` CITY OF SANTA ANA GENERAL PLAN 1� .1..• 1 • About the Map. Figure LU-1 shows the fundamental pattern of land use by displaying the pattern and distribution of land use designations across the entire city, down to the parcel level. GARDEN GROVE Garden Grove Blvd FOUNTAIN VALLEY Talbert Ave Ave ORANGE N La Veta Ave — ,IIIIIIIII11111W, 0- ► 'IMFalifrhavenit9ve San@a C.Lara rAve 1�71111IISt �` c j 1`L ��linlllni --—•�rR"'■C�� 11■YYII:� 1 ,� �p n� ■r 'nid�rlrl:�l r.• 1I or �0A�O ■ i •Samna. _a BIB ��.��'� AI � fir— ��■1■Y�� M■ I_-ist M,��:=�--- I�i::llC��l:M, Ches�t'utIII �i a iL 1- 1� .■ W ■ 1 1 McFadden Ave AI. a' f. I ., o m li �_. uk i II F- darner ■I■■►I 16 )m Ave �r l Ad -r Itd Lim ■ Alton Ave 1*0 m .� MacArthur Blvd � w' LL, ■�_�.. , L 3 U 55 Edinger Ave 190 TUSTIN COSTA MESA \ \ Miles 0 0.5 1 General Plan Land Use Source: City of Santa Ana 2021 Date Published: 11/30/2021 LR-7, Low Density Residential INS, Institutional FLEX, Industrial/Flex LMR-11, Low -Medium Density Residential OS, Open Space UN, Urban Neighborhood _ MR-15, Medium Density Residential PAO, Professional and Administrative Office OBPDC, One Broadway Plaza District Center _ CR-30, Corridor Residential GC, General Commercial DC, District Center IND, Industrial FIGURE LU-1 ity Council 41 — 247 12/PAM2*E MAP �i �� P. CITY OF SANTA ANA GENERAL PLAN About the Map. Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply. FOUNTAIN VALLEY General Plan Land Use LR-7, Low Density Residential LMR-11, Low -Medium Density Residential _ MR-15, Medium Density Residential _ CR-30, Corridor Residential INS, Institutional _ OS, Open Space _ PAO, Professional and Administrative Office _ GC, General Commercial IND, Industrial Miles 0 0.5 1 Source: City of Santa Ana 2021 Date Published:11/30/2021 _ FLEX, Industrial/Flex _ UN, Urban Neighborhood _ OBPDC, One Broadway Plaza District Center _ DC, District Center FIGURE LU-4 DENSITY AND INTENSITY MAP ity Council 41 — 248 12/21/2021 CITY OF SANTA ANA GENERAL PLAN TABLE LU-3. DENSITY AND INTENSITY STANDARDS Low Density Residential (LR-7) 7 du/ac 2 storieSZ _ Low -Medium Density Residential (LMR-11) 11 du/ac 3 storieSZ - Medium Density Residential (MR-15) 15 du/ac 3 storieSZ _ Corridor Residential (CR-30) 30 du/ac 3 storieSZ - Institutional (INS) n/a n/a - Open Space (OS) n/a n/a Professional and Administrative Office (PAO) 0.5 FAR 35 feet or 3 stories' PAO-1 Professional and Administrative Office -Medium (PAO-1) 1.0 FAR 35 feet or 3 storieS2,3 PAO-1.5 Professional and Administrative Office -Medium High (PAO-1.5) 1.5 FAR 35 feet or 3 stories' PAO 2 Professional and Administrative Office -High (PAO-2) 2.0 FAR 35 feet or 3 stories2,3 _ General Commercial (GC) 0.5 35 feet' General Commercial -Medium (GC-1) 1.0 FAR 35 feet2,3 ® General Commercial -Medium High (GC-1.5) 1.5 FAR 35 feet2,3 Industrial (IND) 0.45 FAR 35 feet' Industrial/Flex- Low (FLEX-1.5) 1.5 FAR and/or 30 du/ac 3 storieSZ FLEX- Industrial/Flex- Medium (FLEX-3) 3.0 FAR 10 storieSZ UN-20 Urban Neighborhood -Low (UN-20) 1.0 FAR and/or 20 du/ac 3 storieSZ UN-30 Urban Neighborhood -Medium Low (UN-30) 1.5 FAR and/or 30 du/ac4 4 stories2,3 UN-40 Urban Neighborhood -Medium (UN-40) 1.5 FAR and/or 40 du/ac4 5 storieSZ UN-50 Urban Neighborhood -Medium High (UN-50) 1.5 FAR and/or 50 du/ac4 6 storieSZ - One Broadway Plaza District Center (OBPDC) 2.9 FAR 37 storieSZ - District Center -Low (DC-1) 1.0 FAR and/or 90 du/ac 6 storieSZ - District Center -Medium Low (DC-1.5) 1.5 FAR and/or 90 du/ac 10 storieSZ - District Center -Medium (DC-2) 2.0 FAR and/or 90 du/ac 10 storieS2,3 - District Center -Medium (DC-2.1) 2.1 FAR 20 stories - District Center -Medium (DC-2.54) 2.54 FAR 5 stories - District Center -Medium High (DC-3) 3.0 FAR and/or 90 du/ac 10 storieSZ - District Center -High (DC-5) 5.0 FAR and/or 125 du/ac4 25 storieS2,3 Notes: 1. Maximum Density/Intensity. The maximum density/intensity identifies the upper limit of density and intensity allowed within each category. All development is also subject to the zoning standards (in Chapter 41 of the Santa Ana Municipal Code), which may further restrict the allowable density or intensity. Zoning standards shall not exceed the maximum density/intensity standards herein unless listed as an exception area in the notes below. FAR calculations exclude structured parking square footage. 2. Typical Maximum Height. The typical maximum heights identify the upper limit of a typical building height within each density and intensity category, but the actual maximum standard allowed on each site may be different than listed in this table. The allowable height of development on any parcel is subject to the zoning standards (in Chapter 41 of the Santa Ana Municipal Code) and, if within a focus area, the focus area maximum height (starting on page LU-26 of this element), both of which may further restrict the allowable height. Some properties within a height district, as defined in Section 41-602 of the municipal code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights above the typical maximum height depicted here. The general plan height standard shall equal the zoning height standard where the allowable height in the zoning standards differs from the typical maximum height shown in this table. This includes, but is not limited to the following: Metro East Mixed -Use Overlay - subzone Village Center = 6 story max, subzone Active Urban = no limit; Harbor Mixed Use Transit Corridor Specific Plan - subzone Transit Node = 10 story max, subzone Neighborhood Transitional = 3 story max, subzone Corridor= 4 story max; Transit Zoning Code - subzone Corridor = 3 story max. 3. Maximum Heights in Focus Areas. Properties inside focus areas with PAO-1, PAO-2, GC-1, GC-1.5, UN-30, DC-2, and DC-5 designations may have a lower maximum height than shown here (see Focus Areas starting on page LU-26 for the maximum heights allowed in each focus area). Where the maximum height allowed in a focus area is lower than the typical maximum height shown in this table, the focus area maximum height shall prevail. 4. Exception Areas. The Lake Center Development, near Lake Center Drive and Susan Street, defined by Specific Development Plan Number 58 (SD-58), allows intensities up to 0.72 FAR. The property located at 4040 W. Carnegie Ave. and approved by GPA No. 2000-08 allows intensities up to 0.47 FAR. Select properties designated UN-30 may also permit Hybrid Court building tyges with higher residential densities per the Transit Zoning Code. The 4th and Mortimer ipro'ect in SD-84 designated UN-30 allows densi t �^R Sunflower Legacy project in SD-94 designated UN-50 allo ensiti 63 units per acre. The Harbor Corq' r/ i Plan District L`�f s 8Ia max of 90 u g s per acre. The Westview Housing project ( 7) dZ 5i 9Ced as UN- 0 allows density up to 42!. c_Jo CITY OF SANTA ANA GENERAL PLAN 110 11 .I�r FIGURE LU-1 1 LAND USE MAP GRAND AVENUE AND 17TH STREET w V) Q JNTRY RD GROVEMONT ST w w w Q RD > > Q a � z o z z � 0 0 U > Y a: K Q Q Q Q J CLARA AVE z O L BUFFALO AVE z z AVALON J AVE t CATALINA AVE N 21ST ST Q ~ w 20TH ST (� � 19TH ST II �Z 2 SHINGTON AVE G) T o� a NPF ST ND S V) TABLE LU-5. LAND USE DESIGNATIONS RIO GRAND AVENUE AND 17TH STREET Transit -oriented urban - District Center 2.0 FAR or 6 village with a wide range -Medium 90 du/ac stories and mix of residential, live -work, commercial, and employment -generating uses Urban Neighborhood 1.0 FAR or 3 Medium -high density urban 20 du/ac stories neighborhoods with a mix -Low of attached single- and multifamily housing; mixed - Urban Neighborhood 1.5 FAR or 4 -Medium -Medium Low du/ac stories use residential with ground- g floor retail, services, and 1.5FAR or 5 Urban restaurants; cultural uses; UN-40 Neighborhood 40 du/ac stories public and open s aces p p -Medium Ln Industrial/Flex 3 Office/industrial flex spaces, ® Low 1.5 FAR stories small-scale R&D, clean manufacturing 17TH LU a Q o 14TH S >0 z J General 35 Shopping, restaurants, Commercial 1.0 FAR feet entertainment, service -Medium commercial Notes: The focus area also includes a nominal amount of land used by railroad operations and mapped with the = Open Space land use designation. See Table LU-9. Notes for All Focus Area Designations, for additional notes. Ln Y 2 Q Q TO J m WELLINGTON AVF p N n U CY: r Z � C) O � } m 17TH LU a Q o 14TH S >0 z J General 35 Shopping, restaurants, Commercial 1.0 FAR feet entertainment, service -Medium commercial Notes: The focus area also includes a nominal amount of land used by railroad operations and mapped with the = Open Space land use designation. See Table LU-9. Notes for All Focus Area Designations, for additional notes. Ln Y 2 Q Q TO J m WELLINGTON AVF p N n U CY: r Z � C) O � } m FIGURE LU-15 LAND USE MAP WEST SANTA ANA BOULEVARD SUNSWEPT AVE MpRNINGSOE AVE w d w SILVER DR J I � 0 � w � z Q � W � HAZARD AVE 0 o w w J L.LJ J c� co > 0 `L------------ m J z _ p v~i W Y J z = U w Q Q n z � N D Q (_ �r r r WE 1q9 TABLE LU-6. LAND USE DESIGNATIONS WEST SANTA ANA BOULEVARD UN-20 �• _FLEX-1.5 .'\ __ I I------- _r'GC-1 Low Density 7 du/ac 2 stories Low-rise single-family neighborhoods Residential Low -Medium - Density 11 du/ac 2 stories Single-family homes, duplexes, small -lot subdivisions, and mobile -home parks Residential - Medium A mix of low- and medium -rise neighborhoods with single and multifamily housing, Density 15 du/ac 3 stories Residential including small lot subdivisions, townhomes, live/work units - Corridor Medium density urban housing, such as attached townhomes and apartments, Residential 30 du/ac 3 stories along corridors or adjacent to areas designated General Commercial, Urban Neighborhood, or District Center Urban 1.0 FAR or UN 20 Neighborhood 20 du/ac 3 stories -Low Medium density urban neighborhoods with a mix of attached single and multifamily housing; mixed -use residential with ground -floor retail, services, and restaurants; LnUrban 1.5 FAR or cultural uses; and public and open spaces Neighborhood 30 du/ac 4 stories Medium Low ity Council 41 — 251 12/21/2021 mom,.. CITY OF SANTA ANA GENERAL PLAN 1q9 TABLE LU-6. LAND USE DESIGNATIONS WEST SANTA ANA BOULEVARD UN-20 �• _FLEX-1.5 .'\ __ I I------- _r'GC-1 Low Density 7 du/ac 2 stories Low-rise single-family neighborhoods Residential Low -Medium - Density 11 du/ac 2 stories Single-family homes, duplexes, small -lot subdivisions, and mobile -home parks Residential - Medium A mix of low- and medium -rise neighborhoods with single and multifamily housing, Density 15 du/ac 3 stories Residential including small lot subdivisions, townhomes, live/work units - Corridor Medium density urban housing, such as attached townhomes and apartments, Residential 30 du/ac 3 stories along corridors or adjacent to areas designated General Commercial, Urban Neighborhood, or District Center Urban 1.0 FAR or UN 20 Neighborhood 20 du/ac 3 stories -Low Medium density urban neighborhoods with a mix of attached single and multifamily housing; mixed -use residential with ground -floor retail, services, and restaurants; LnUrban 1.5 FAR or cultural uses; and public and open spaces Neighborhood 30 du/ac 4 stories Medium Low ity Council 41 — 251 12/21/2021 mom,.. CITY OF SANTA ANA GENERAL PLAN 17TH ST - - ----- - i- i- z "' � `n 2 ~ 00 15TH ST z :RIDAY W � w J � ARTHA LN U_ N o w WASHINGTON AVE CO � J w 12TH ST o Q 0 o a Co � LIME ST 0 F- Q11TH LU > z o� �I N + n u N 9TH ST o „ 1 z o Ln� �P G Q Q z '� > 1< CIVIC CENTER DR ' 8TH ST o G&E z 7TH ST - LL UN-30 PAO 2_ _ _ --6TH-ST� i —- - - - - - - - w -5TH ST UN-30 ��• ; 3- W --- -- - -------- -- 5TH ST �-- - --SANTAANA�BLVD•- =-------•�--- ..,�-4TH w 3RD Or UN-20 2ND STO o ILU WALNUT ST N�C •.'r Q LL1 Q Ln General ® Commercial 1.0 FAR 35 feet Shopping, restaurants, entertainment, and service commercial -Medium ® General 0.5 FAR 35 feet Shopping, restaurants, entertainment, and service commercial ' Commercial Professional & Professional and administrative office and supporting service commercial and PAO-2 Administrative 2.0 FAR 3 stories Office -High restaurants Industrial/Flex 1.5 FAR 3 stories Office/industrial flex spaces, small-scale R&D, clean manufacturing, live -work -Low - Institutional 2.0 FAR 2 stories Government facilities, public service facilities, and public institutions - Open Space n/a 2 stories Recreational and green space, commercial open space, public infrastructure, and rail facilities - - OC Street Car (planned line / station) Note: See TablGfty. G0UQ jdIj Focus Area Designations, for notes. 41 - 252 12/21 /20 CITY OF SANTA ANA GENERAL PLAN Ii �� .1..• FIGURE LU-18 LAND USE MAP 55 FREEWAY AND DYER ROAD w Q = o „ z 0 (D /* ■ CENTRALAVE ADAMS ST Q lip ALTON AVE 1MBINE AVE COWAN MITCHEQ C.� WARNER AVE O� TABLE LU-7. LAND USE DESIGNATIONS 55 FREEWAY AND DYER ROAD High density urban villages consisting of District Center 2.0 FAR or visually stunning and vibrant buildings Medium 90 du/ac 6 stories and spaces with a wide range and mix of residential, live -work, commercial, hotel, and �Q employment -generating uses. Industrial/Flex Office/industrial flex spaces, R&D, clean -Medium 3.0 FAR 10 stories manufacturing, corporate headquarters and campuses. Live -work units are not permitted. General ® Shopping, restaurants, entertainment, service Commercial 1.5 FAR 35 feet commercial. -Medium High ®General 0.5 FAR 35 feet Shopping, restaurants, entertainment, service Commercial commercial. PIF-- _-@Iss d lay mapped with City Council the = Open Space land use44igaa253 12/21/2021 See Table LU-9. Notes for All Focus Area Designations, for additional notes. ��.I EXHIBIT 5 All materials for Exhibit 5 may be accessed at: https://www.santa-ana.org/general- plan/general-plan-environmental-documents and are also on file and available at the City's Planning and Building Agency. City Council 41 — 254 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 411-131-22 2720 HOTEL TER GC 1.0 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-38 1251 DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-063-41 1231 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-063-42 641 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-06 2620 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-10 2601 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-12 2650 S GRAND AVE GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-15 1351 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-23 2700 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-28 2651 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-29 2726 S GRAND AVE GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-30 1325 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-31 2721 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-32 2701 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-33 1261 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-34 1251 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-36 1231 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-37 1221 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-39 1261 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-40 1241 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-132-01 2701 S GRAND AVE IND 0.45 FAR LU change GC-1.5 55 Fwy/Dyer Road 411-132-02 2721 S GRAND AVE IND 0.45 FAR LU change GC-1.5 55 Fwy/Dyer Road 411-131-11 ROW ROW LU change 55 Fwy/Dyer Road 016-221-04 1504 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-07 1530 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-08 1532 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-09 1534 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-10 1536 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-11 1538 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-13 1560 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-14 1570 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-15 1510 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-16 1508 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-17 1506 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-20 1524 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-22 1528 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-23 1524 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-24 1528 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-25 1506 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-26 1508 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-27 1580 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-28 1580 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-29 1581 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-30 1502 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-31 1500 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-32 1516 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-33 1518 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-34 1522 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-36 1528 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-38 1518 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-39 152 - ad City Council 41 - 255 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte Focus Area/Location 016-221-40 1524 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-41 1520 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-42 1540 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-01 1801 E CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-02 1749 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-03 2441 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-04 2401 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-05 2331 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-012-02 2344 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-012-03 2400 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-012-04 2350 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-01 1831 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-02 1815 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-03 2321 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-04 2311 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-05 1830 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-022-02 2322 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-022-03 2300 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-10 2501 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-11 1824 E CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-17 1840 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-19 1813 E DYER RD PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-23 2601 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-24 2621 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-25 2511 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-26 2525 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-171-05 3050 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-171-07 1740 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-171-09 1800 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-02 2961 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-04 2933 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-05 2943 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-06 1761 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-07 2913 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-08 2901 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-09 1750 E DEERE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-10 2923 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-11 2922 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-12 1800 E DEERE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-13 1830 E DEERE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-14 2912 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-15 2932 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-16 2938 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-17 2960 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-18 2952 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-19 2942 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-20 1811 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-21 1801 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-22 1751 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-16 2801 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-18 1851 11 F QFFRF �AVF PAQ �O-S PAR ____��hangp I El LX-3 XLDgaLagad City Council 41 - 256 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte Focus Area/Location 430-181-31 2871 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-32 2865 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-33 2851 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-07 2901 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-08 2909 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-11 2921 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-12 3001 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-13 3009 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-222-10 1900 E WARNER AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-11 1900 E WARNER AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-031-02 2400 PULLMAN ST IND 0.45 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-222-21 1951 CARNEGIE AVE PAO 0.55 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-24 1951 E DYER RD DC 1.7 FAR density/intensity DC-2 55 Fwy/Dyer Road 430-032-07 1821 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-032-16 1805 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-13 PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-15 1800 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-23 2001 E DEERE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-24 2801 CATHERINE WAY PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-27 2040 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-28 2850 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-182-01 1958 E BLAIR AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-14 3030 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-15 1940 E DEERE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-16 1900 E DEERE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-20 1901 E ALTON AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-21 1921 E ALTON AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-14 2510 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-15 2540 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-17 2530 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-18 2500 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-22 2001 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-23 2600 S RED HILL PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-12 1900 E WARNER AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-15 2310 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-17 2001 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-18 2300 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-19 2001 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-20 1951 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-22 1921 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-23 1922 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-07 2300 RED HILL AVE DC 90 du/ac, 1.0 FAR density/intensity DC-2 55 Fwy/Dyer Road 430-222-16 2310 S RED HILL AVE DC 90 du/ac, 1.0 FAR density/intensity DC-2 55 Fwy/Dyer Road 002-201-20 2800 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 002-210-34 2700 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 002-210-40 2700 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 002-210-44 2701 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 405-261-17 812 N BAKER ST PAO 1.0 FAR LU change LR-7 Civic Center Specific Dev Plan 405-261-18 808 N BAKER ST PAO 1.0 FAR LU change LR-7 Civic Center Specific Dev Plan 405-261-19 804 N BAKER ST PAO 1.0 FAR LU change LR-7 Civic Center Specific Dev Plan 405-233-19 111 cific Dev Plan City Council 41 - 257 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ cus Area/Location 405-233-35 1111 W CIVIC CENTER DR PAO 1.0 FAR LU change INS Civic Center Specific Dev Plan 405-233-36 1112 W CIVIC CENTER DR PAO 1.0 FAR LU change INS Civic Center Specific Dev Plan 415-031-33 4040 W CARRIGE DR IND 0.47 FAR density/intensity IND Add Note GPA 2000-08.47 FAR ex 415-031-37 4140 W GARRY AVE IND 0.47 FAR density/intensity IND Add Note GPA 2000-08.47 FAR ex 400-131-02 1404 N TUSTIN AVE PAO 1.0 FAR LU change LR-7 First St/Tustin Ave 396-211-38 2003 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-39 2011 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-44 1823 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-48 1827 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-49 1821 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-52 1745 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-53 1735 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-54 1729 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-55 1805 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-57 1301 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-58 1325 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-162-01 902 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-162-08 1002 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-162-09 1008 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-231-01 1300 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-231-02 1330 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-243-01 1430 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-243-02 1618 N LINWOOD AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-071-02 1104 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-43 1116 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-44 1118 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-58 1108 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-60 1102 E Seventeenth St GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-62 1112 E Seventeenth ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-64 1112 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-66 1120 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-082-33 1124 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-082-39 1124 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 396-201-02 2201 N GRAND AVE INS 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-191-01 2210 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-191-02 2200 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-201-01 2231 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-232-34 2302 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-241-02 2323 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-241-15 2345 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-09 1404 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-10 1263 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-11 1259 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-12 1255 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-23 1264 E 15TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-26 1258 E 15TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-03 1258 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-06 1302 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-13 1314 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-17 1264 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 400-261-14 131 - Street City Council 41 - 258 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 396-191-33 2110 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-34 2114 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-35 2118 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-36 2122 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-37 2126 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-38 2125 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-39 2121 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-40 2117 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-41 2113 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-42 2109 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-44 2130 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-03 2139 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-04 2121 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-06 2113 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-07 2109 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-08 2105 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-09 2101 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-31 1221 E BEECHWOOD ST LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-32 1220 E SANTA CLARA AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-35 2320 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-36 2330 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-37 2340 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-38 1221 E BEECHWOOD ST LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 400-261-15 1311 E WASHINGTON PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-241-02 2323 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-241-15 2345 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-172-17 1125 E 17TH ST PAO 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-171-03 2701 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-171-07 2727 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-171-08 2761 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-01 2702 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-02 2710 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-03 2720 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-04 2740 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-111-58 2530 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-111-59 2510 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-111-60 2520 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-113-10 2428 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-24 2650 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-27 2626 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-28 2610 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-29 2602 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-31 2630 GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-01 1900* N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-02 1800 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-03 1750 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-04 1227 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-06 1229 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-08 1818 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-09 1750 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-172-18 120 AStreet City Council 41 — 259 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 396-361-01 2637 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-361-05 2525 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-361-06 2421 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-361-07 2425 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-03 1126 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-04 1136 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-05 1202 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-06 1206 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-15 1602 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-16 1600 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-17 1520 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-48 1500 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-49 1202 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-68 1510 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-70 1244 E 17 TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-71 1248 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-72 1258 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-73 1268 S Grand ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-74 1238 E 17 TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-172-01 125 E 17TH ST LR7 7 du/ac LU change UN-30 Grand Ave/17th Street 396-361-02 1300 E FAIRHAVEN AVE LR7 7 du/ac LU change UN-30 Grand Ave/17th Street 398-384-03 1314 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-04 1320 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-05 1328 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-06 1330 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-07 1332 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-08 1334 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-01 315 GRAND AVE GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-02 1310 E 4TH ST GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-17 309 GRAND AVE GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-455-01 1310 E 3RD ST GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-455-16 1315 E 2ND ST GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-456-02 1308 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-03 1312 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-04 1314 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-05 1318 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-06 1322 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-07 1324 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-08 1326 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-09 1328 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-14 1315 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-15 1309 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-17 1325 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-18 107 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-19 119 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-384-09 302 N MCCLAY ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-384-11 1315 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-384-12 1313 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-384-15 1319 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-02 1318 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-03 132 - Street City Council 41 - 260 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN L Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 398-455-04 1324 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-05 1328 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-06 1334 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-07 208 N MCCLAY ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-08 1327 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-09 1325 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-10 1323 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-11 1321 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-061-07 625 N GRAND AVE GC 1.15 FAR LU change DC-2 Grand Ave/17th Street 398-061-01 839 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-061-02 1300 E FRUIT ST GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-111-24 909 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-111-26 909 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-111-27 910 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-19 501 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-20 419 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-21 415 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-22 401 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 100-261-33 808 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-261-36 820 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-261-39 808 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-631-03 602 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-631-04 520 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-631-05 510 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-10 908 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-11 930 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-21 830 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-24 830 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-37 822 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-722-50 1002 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-01 411 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-02 417 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-03 423 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-04 427 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-05 3711 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-06 3705 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-01 501 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-03 3712 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-04 3706 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-22 3706 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-08 313 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-11 225 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-12 217 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-13 217 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-14 205 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-15 125 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-29 329 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-34 313 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-01 1001 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-05 1111 S HARBOR BLVD UN 3.0 FAR density intensity UN-50 Harbor Corridor Specific Plan - C 144-351-21 100 - r Specific Plan - C City Council 41 - 261 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 144-351-22 3720 W KENT AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-23 3710 W KENT AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-25 1103 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-26 1107 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-361-60 801 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-361-61 901 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-041-06 288 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-041-07 324 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-041-08 324 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-051-03 432 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-051-04 420 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-051-05 436 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-071-05 520 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-04 1114 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-05 1108 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-06 1020 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-07 1014 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-08 1000 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-09 960 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-10 914 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-11 902 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-12 3817 W HAZARD AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-15 980 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-99 1206 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-043-16 1406 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-043-17 1314 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-13 426 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-14 410 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-15 406 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-16 328 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-17 322 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-18 316 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-19 308 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-01 1221 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-02 3708 W WASHINGTON AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-11 3713 W 11TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-12 1109 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-13 1115 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-14 1201 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-15 1213 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-02 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-03 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-06 718 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-07 714 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-08 710 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-09 706 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-10 628 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-11 626 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-12 622 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-13 618 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-14 610 _L�U_��MUFROA �ST !UN �3-0 PAR -rrjPnqjtVjinjPn-qijg UN-S0 Harbor Cnrrud.Qr Specific Plan - C City Council 41 - 262 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 198-162-15 610 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-16 610 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-17 606 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-18 602 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-19 522 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-20 518 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-24 511 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-25 501 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-26 511 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-27 513 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-28 523 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-29 601 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-30 603 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-31 609 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-32 613 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-35 701 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-36 705 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-37 709 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-42 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-43 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-44 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-45 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-46 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-47 501 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-49 722 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-50 715 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-51 609 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-01 3710 W 5TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-02 414 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-03 408 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-04 408 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-05 326 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-06 322 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-07 318 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-08 314 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-09 310 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-10 306 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-11 302 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-12 226 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-13 222 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-14 218 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-15 214 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-16 212 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-17 206 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-18 202 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-24 201 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-25 205 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-26 209 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-27 213 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-28 217 N HARBOR BLVD UN 3.0 FAR density intensity UN-50 Harbor Corridor Specific Plan - C 198-182-29 225 - r Specific Plan - C City Council 41 - 263 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 198 182 30 301 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan C 198-182-31 309 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-32 321 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-33 325 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-34 405 N HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-35 405 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-36 421 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-01 1021 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-02 3714 W 11TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-03 3710 W 11TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-15 3713 W HAZARD AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-16 913 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-17 925 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-18 1011 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-321-02 101 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-03 105 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-04 109 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-05 113 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-52 3502 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-53 3520 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-322-01 3612 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-322-02 3610 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-341-07 3312 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-551-51 120 KENTON DR UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-161-24 3621 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-161-25 3629 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-161-26 3631 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-23 3501 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-24 3505 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-25 3509 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-26 3515 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-27 3517 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-24 3525 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-25 3527 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-26 3601 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-27 3531 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-01 3622 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-20 114 N BEWLEY ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-25 115 N FIGUEROA ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-44 3638 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-45 3628 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-46 3628 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-01 3502 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-19 3501 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-20 3521 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-38 3512 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-39 3512 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-40 3506 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-41 3510 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-01 3602 W 5TH ST UN 3.0 FAR density intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-21 360 - Specific Plan - NT City Council 41 - 264 12/21/2021 10 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 198-242-22 3603 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-23 3605 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-45 3609 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-01 3314 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-28 3321 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-29 3319 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-60 3332 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-61 3330 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-62 3326 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-63 3324 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-64 3318 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-65 3317 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-66 3331 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-70 3332 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-01 3400 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-29 3405 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-34 3425 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-64 3424 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-65 3420 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-66 3418 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-261-24 3230 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-261-25 3226 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-261-26 3200 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-17 3301 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-18 3317 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-19 3319 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-20 3321 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-21 3327 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-22 3401 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-23 3405 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-24 3409 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-25 3417 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-26 3425 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 108-253-02 702 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-41 762 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-42 718 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-43 718 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-44 724 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-45 800 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-46 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-47 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-48 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-49 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-03 629 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-05 3639 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-09 3721 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-10 525 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-11 3701 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-12 605 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-16 121 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-21 103 - - Specific Plan - NT City Council 41 - 265 12/21/2021 11 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 144-311-22 3728 W BOLSA AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-27 3626 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-28 3626 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-30 3638 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-31 103 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-35 117 S FIGUEROA ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-01 3600 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-04 3710 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-07 751 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-08 701 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-09 3770 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-10 3760 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-01 100 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-02 120 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-03 3904 W 1ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-04 150 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-05 200 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-071-22 602 S HARBOR DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-05 1602 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-07 3822 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-08 3802 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-09 1602 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-07 1526 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-08 1518 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-09 1510 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-10 1500 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-12 1610 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-07 4201 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-17 228 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-18 124 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-22 208 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-23 200 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-24 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-25 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-26 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-27 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-28 3825 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-29 3835 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-30 3839 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-31 230 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-02 1401 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-16 1321 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-17 1415 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-18 1421 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-19 1501 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-20 1505 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-21 1513 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-22 1521 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-23 3710 W 17TH ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-24 3720 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-25 372 -s n PAR cip swtv/*ntpns*tg DC-S Harbor Corridor Specific Plan - NT City Council 41 - 266 12/21/2021 12 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 198-081-26 3710 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-28 3630 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-31 3636 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-52 3500 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-53 3514 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-55 3526 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-57 3522 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-21 3621 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-22 3625 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-23 3635 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-24 3701 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-19 114 N FIGUEROA ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-20 3709 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-21 101 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-22 115 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-23 121 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-01 3412 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-02 3404 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-03 3400 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-04 3300 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-05 1514 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-06 1502 N HARPER ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-07 1501 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-08 1517 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-09 1605 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-10 3230 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-01 3118 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-02 3132 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-03 3216 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-06 14097 N CLINTON ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-07 1506 N CLINTON ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-08 1550 N CLINTON DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-09 1600 N CLINTON ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-10 1417 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-211-01 1424 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-211-02 1417 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-15 1321 N HARBOR ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 411-152-11 3231 S STANDARD DC 2.0 FAR LU change IND MacArthur Place 411-071-05 1 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-071-06 2 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-072-08 201 E MACARTHUR DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-072-09 31 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-072-11 3401 S MAIN DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-073-01 3 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-073-06 1 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-03 200 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-04 1 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-05 4 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-06 2 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-08 1 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-09 9 - e City Council 41 - 267 12/21/2021 13 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres L Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte cus Area/Location 411-074-10 3 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-11 5 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-075-01 1 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-081-22 201 SANDPOINTE AVE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-081-24 201 SANDPOINTE AVE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-081-28 8 MACARTHUR PL DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-081-30 100 E MACARTHUR BLVD DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-24 7 HUTTON CENTRE DR DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-25 7 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-29 3 HUTTON CENTRE DR DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-30 4 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-34 7 HUTTON CENTRE DR DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-38 3 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-42 9 MACARTHUR PL DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-093-03 2 E HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-102-06 5 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-111-03 3843* S MAIN ST DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-111-08 6 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 011-154-01 1406 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-02 123 S MCCLAY ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-03 1422 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-06 1504 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-10 1406 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-11 1610 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-20 206 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-21 210 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-22 214 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-23 220 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-24 224 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-25 310 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-27 322 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-28 1607 E CHESTNUT AVE UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-33 318 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-37 1530 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-38 1600 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-39 1600 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-42 1620 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-43 1440 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-07 1630 E PALM ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-08 1634 E PALM ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-09 1636 E PALM ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-10 130 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-11 126 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-12 124 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-13 120 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-14 116 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-23 1609 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-25 109 N WRIGHT ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-27 1623 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-28 1617 E 1ST ST UN 0.75 - 1.5 FAR density intensity UN-40 Metro East Overlay 398-431-20 153 - - rlay City Council 41 - 268 12/21/2021 14 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ cus Area/Location 398-431-21 1533 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-22 1529 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-23 1525 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-24 1519 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-25 1503 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-07 1427 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-08 1421 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-28 1411 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-29 1411 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-30 1405 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-31 111 N MCCLAY ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-32 1403 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-01 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-02 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-03 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-04 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-05 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-06 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-07 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-11 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-12 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-422-01 131 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-02 127 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-03 125 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-04 121 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-05 117 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-06 1658 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-07 1662 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-08 1666 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-09 1668 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-10 1661 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-11 1649 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-041-03 2103 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-041-04 600 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-041-05 550 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-042-04 601 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-043-03 2201 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-043-04 501 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-043-06 555 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-02 1971 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-03 2001 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-05 600 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-06 601 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-09 1901 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-13 540 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-14 515 CABRILLO PARK DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-15 525 CABRILLO PARK DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-16 2021 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-052-01 540 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-061-05 1801 E Fourth ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-061-07 180 - rlay City Council 41 - 269 12/21/2021 15 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN I Situs AddresjW Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte cus Area/Location 400-061-08 1801 E Fourth ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-071-02 1851 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-071-03 200 CABRILLO PARK DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-071-07 1750 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-03 1900 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-04 2000 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-05 250 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-06 2001 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-09 1901 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-082-02 2030 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-082-04 203 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-082-05 2031 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-01 2100 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-16 2201 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-17 2151 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-18 2131 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-19 2101 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-22 2112 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-23 2130 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-251-12 550 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-03 2210 W 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-04 2207 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-10 2222 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-11 2222 W 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-01 2114 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-02 2020 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-03 2020 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-04 2110 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-201-05 1900 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-201-13 2010 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-02 1818 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-03 1814 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-06 1800 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-07 1820 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-222-01 1660 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-222-04 212 S ELK LN DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-04 2204 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-201-07 1900 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 005-151-41 1525 N DURANT ST PAO 0.5 FAR LU change MR-15 Midtown Plan 398-552-19 1010 N Broadway PAO 0.5 FAR LU change MR-15 Midtown Plan 398-522-11 313 W WASHINGTON AVE PAO 0.5 FAR density/intensity PAO Midtown Plan 005-151-40 1610 N BROADWAY GC 0.5 FAR LU change PAO Midtown Plan 398-232-01 720 N SPURGEON ST LR7 7 du/ac LU change PAO Midtown Plan 398-232-04 201 E Civic Center Dr LR7 7 du/ac LU change PAO Midtown Plan 005-151-32 1600 N BROADWAY MR15 15 du/ac LU change PAO Midtown Plan 398-475-01 838 E 1ST ST LR7 7 du/ac LU change GC Midtown Plan 398-015-04 801 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-01 1201 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-02 116 E WASHINGTON AVE PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-03 120 E WASHINGTON AVE PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-04 100 - City Council 41 - 270 12/21/2021 16 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN L Situs Addre 0 Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 398-022-01 1117 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-022-10 1107 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-022-11 1111 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-023-01 1011 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-231-06 712 N BUSH ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-231-07 108 E 8TH ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-231-08 701 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-01 1200 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-02 1104 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-06 1104 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-10 1010 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-011-01 909 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-09 1000 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 005-184-01 919 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-02 915 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-03 843 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-04 839 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-07 817 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-08 811 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-09 809 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-10 801 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-14 900 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-15 912 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-25 209 W CIVIC CENTER DR DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-26 818 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-27 825 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-29 900 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-30 900 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-27 902 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-29 800 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-30 888 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-34 921 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-37 915 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-011-01 909 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-01 817 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-02 813 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-03 809 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-01 717 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-02 715 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-03 711 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-244-01 800 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-244-02 710 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-08 701 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-04 801 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 002-161-13 2002 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-05 110 W 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-30 1910 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-31 1906 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-32 1914 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-33 1902 N MAIN ST DC 1.5 FAR density intensity DC-1.5 Museum District 002-163-30 180 - t City Council 41 - 271 12/21/2021 17 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 002-163-31 1810 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-180-45 2333 N BROADWAY DC 1.5 FAR density/intensity DC-1.5 Museum District 002-180-46 2323 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-03 2034 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-04 2030 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-05 2026 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-06 2022* N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-07 2016 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-08 2014 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-09 2010 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-10 2006 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-11 111 E 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-22 2019 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-25 2015 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-26 2017 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-27 2011 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-28 2025* N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-29 2005 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-30 2033 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-33 2021 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-40 2052 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-41 2056 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-59 2135 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-61 2058 N Bush St DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-63 2119 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-78 2058 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-80 2058 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-81 2129 N Main St DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-18 1917 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-19 1909 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-22 1901 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-23 1811 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-24 1809 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-25 1805 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-26 1801 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-27 1727 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-28 1721 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-29 1717 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-33 210 E 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-34 1711 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-35 1715 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-41 1905 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-01 112 E 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-02 1910 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-03 1904 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-04 1900 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-05 1820 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-17 1903 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-18 1909 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-19 1905 N MAIN ST DC 1.5 FAR density intensity DC-1.5 Museum District 003-142-22 190 - t City Council 41 - 272 12/21/2021 10 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 003-142-23 1807 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-24 1800 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-15 1725 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-33 1722 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-01 2230 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-02 2222 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-03 2218* N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-04 2212 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-05 2202 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-06 2208 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-07 107 W BUFFALO AVE DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-08 119 W BUFFALO AVE DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-01 2132 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-02 2122 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-03 2116 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-04 2112* N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-05 2110 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-06 2106 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-07 2100 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-08 2036 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-09 2032 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-22 112 W BUFFALO AVE DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-06 111 W 19TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-04 1714 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-16 1719 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-31 1701 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-013-18 2677 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 North Main St 411-111-07 200 E SANDPOINTE AVE DC 1.5 FAR density/intensity DC-1.5 PacTel Office 411-111-09 200 E SANDPOINTE AVE DC 1.5 FAR density/intensity DC-1.5 PacTel Office 411-111-10 Entitlements expired as c DC 1.5 FAR density/intensity DC-1.5 Pac Tel Office 411-111-11 200 E SANDPOINTE AVE DC 1.5 FAR density/intensity DC-1.5 PacTel Office 410-223-11 1241 W ALTON AVE MR15 15 du/ac LU change OS South Bristol Street 140-251-02 2910 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 140-251-03 2860 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 140-251-04 2840 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 140-251-05 2850 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-05 1212 W CENTRAL AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-06 2603 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-08 2701 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-09 1209 HEMLOCK WAY GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-12 2701 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-13 2621 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-01 2801 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-05 2911 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-06 2929 N BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-20 2823 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-21 1216 HEMLOCK WAY GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-22 2909 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-01 2523 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-03 2445 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-04 115 - eet City Council 41 - 273 12/21/2021 19 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 410-421-05 1125 W CENTRAL AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-28 2501 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-29 2511 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-01 2303 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-02 2311 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-03 2401 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-04 1030 W WARNER AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-05 1120 W WARNER AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-06 1100 WARNER AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-462-18 3001 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-462-19 3041 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-031-01 3000 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-01 3200 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-02 3200 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-03 3220 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-04 3220 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-01 2302 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-03 2320 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-04 2402 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-05 2430 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-06 1331 W CENTRAL AVE GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-02 2740 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-03 2810 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-04 2650 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-05 2700 BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-07 2610 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-08 2640 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-12 2701 S BRISTOL ST LR7 7 du/ac LU change UN-30 South Bristol Street 410-462-17 3041 S BRISTOL ST MR15 15 du/ac LU change UN-30 South Bristol Street 412-031-03 3050 S BRISTOL ST MR15 15 du/ac LU change UN-30 South Bristol Street 410-222-22 3309 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-24 3313 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-25 3301 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-31 3361 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-32 3329 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-10 3401 S PLAZA DR DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-11 3420 BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-12 3430 BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-13 3500 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-22 3300 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-23 3310 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-301-10 1200 W MACARTHUR BLVD DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-11 3601 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-14 3801 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-15 3811 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-17 3925 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-18 3941 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-21 3929 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-33 3861 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-38 3911 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-39 382 - eet City Council 41 - 274 12/21/2021 20 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 410-301-40 3611 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-41 3611 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-43 3701 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-12 3730 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-14 3600 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-16 3606 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-17 3610 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-22 3900 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-24 3810 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-25 3820 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-26 3814* S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-10 1561 SUNFLOWER AVE GC 0.5 FAR LU change DC-5 South Bristol Street 412-131-20 3951 S PLAZA DR GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-01 3811 BEAR ST GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-02 1661 W SUNFLOWER AVE GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-03 3851 S BEAR ST GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-04 1641 SUNFLOWER AVE GC 0.5 FAR LU change DC-5 South Bristol Street 410-301-42 3701 S BRISTOL ST DC 90 du/ac, 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-13 3700 S BRISTOL ST DC 90 du/ac, 1.0 FAR density/intensity DC-5 South Bristol Street 403-151-09 2136 S CYPRESS AVE INS 0.5 FAR LU change LR-7 South Main Street 403-151-11 2116 S CYPRESS AVE INS 0.5 FAR LU change LR-7 South Main Street 015-090-03 2240 S MAIN ST GC 0.5 FAR LU change INS South Main Street 403-151-04 2133 MAIN ST GC 0.5 FAR LU change INS South Main Street 403-151-05 2139 MAIN ST GC 0.5 FAR LU change INS South Main Street 010-230-01 210 W CUBBON ST LR7 7 du/ac LU change INS South Main Street 016-031-13 2327 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-32 128 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-37 124 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-38 120 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-51 222 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-54 2301 S Main St GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-04 2423 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-12 100 E CENTRAL AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-13 125 E CENTRAL AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-14 2405 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-18 2405 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-19 2409 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-17 2516 S CYPRESS AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-23 2509 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-24 2531 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-25 2515 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-26 2533 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-27 2501 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-050-08 2541 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-050-09 2547 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-371-01 224 WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-371-02 220 WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-371-03 2302 S BROADWAY AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-01 120 W WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-06 2406 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-10 2300 IIS MAIN �ST !GC �O-S PAR ______��bangp FLLX-L5 Snuth Main Street City Council 41 - 275 12/21/2021 21 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 410-372-11 2330 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-03 2426 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-05 2426 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-06 2500 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-15 2416 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-391-06 2538 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-391-07 2500 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-07 2419 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-372-08 2401 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-372-09 2337 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-07 2517 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-08 2511 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-09 2509 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-10 2433 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-11 2431 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-12 2421 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-13 2421 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-14 2419 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-391-05 130 W CENTRAL AVE IND 0.45 FAR LU change FLEX-1.5 South Main Street 010-144-18 618 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-21 616 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-22 602 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-23 610 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-25 606 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-29 630 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-30 620 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-12 724 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-13 107 W RICHLAND ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-15 710 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-16 714 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-17 702 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-18 726 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-154-19 704 MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-11 812 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-13 818 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-17 816 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-18 822 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-27 806 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-28 830 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-16 910 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-17 902 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-18 920 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-19 906 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-20 930 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-21 914 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-22 926 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-11 1026 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-12 1030 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-13 1022 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-23 731 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-26 725 - et City Council 41 - 276 12/21/2021 22 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 011-041-27 721 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-28 809 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-29 803 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-30 807 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-31 701 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-32 112 E BISHOP ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-34 709 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-15 107 E CUBBON ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-16 111 E CUBBON ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-21 827 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-34 925 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-36 933 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-44 921 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-46 917 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-47 815 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-48 819 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-49 827 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-051-51 905 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-21 1123 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-43 1111 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-44 1109 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-50 1001 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-51 1131 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-58 1117 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-59 1005 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-69 1015 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-70 1105 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-15 1210 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-16 1216 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-20 1230 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-23 1242 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-24 1204 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-25 1234 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-154-29 1218 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-18 1306 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-19 1310 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-02 1402 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-03 1416 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-08 1401 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-13 1419 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-14 1423 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-21 1415 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-22 1440 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-23 1427 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-27 1424 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-28 1444 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-08 1519 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-09 1527 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-10 1603 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-11 1607 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-16 1514 IIS ��SYCAMORF �ST !GC �O-S PAR ______��bangp I LJN-20 Snuth Main Street City Council 41 - 277 12/21/2021 23 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 013-183-17 1518 S SYCAMORE7S11T GC 0.5 FAR LU change UN-20 South Main Street 013-183-18 1520 S SYCAMORE GC 0.5 FAR LU change UN-20 South Main Street 013-183-19 1524 S SYCAMORE GC 0.5 FAR LU change UN-20 South Main Street 013-183-20 1606 S SYCAMORE GC 0.5 FAR LU change UN-20 South Main Street 013-183-21 1608 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-28 1501 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-29 208 W EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-183-30 202 W EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-183-31 212 W EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-183-32 205 W POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-33 1515 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-184-02 1509 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-04 155 W POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-08 1508 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-09 1516 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-10 1522 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-11 1606 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-12 1614 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-13 1622 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-14 1626 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-15 1517 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-17 115 W POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-19 1502 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-20 SEC SYCAMORE/EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-184-21 1607 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-23 1627 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-22 1221 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-23 1229 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-24 1231 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-25 1237 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-30 1235 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-31 1241 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-32 1247 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-34 1201 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-37 1211 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-25 1345 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-26 1303 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-27 1307 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-28 1311 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-29 1321 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-30 1325 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-31 1329 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-35 1333 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-36 1417 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-38 1445 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-39 1403 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-40 1407 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-43 1421 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-44 1427 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-57 1451 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-58 147 - et City Council 41 - 278 12/21/2021 24 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 014-032-59 1415 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-60 1465 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-050-09 1812 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-050-10 1820 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-050-11 1808 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-08 1914 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-09 1922 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-17 1926 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-18 1906 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-07 2002 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-10 2014 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-11 2020 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-12 2022 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-15 2012 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-16 2010 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-17 2008 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-14 2026 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-17 2036 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-18 2040 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-24 2058 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-25 2064 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-26 2064 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-28 2054 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-29 2050 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-30 2030 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-27 2130 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-38 2116 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-39 2120 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-40 2140 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-41 2102 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-090-19 2222 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-090-21 2202 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-277-09 220 W 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-284-04 220 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-284-05 210 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-284-06 202 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-06 320 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-07 316 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-08 312 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-09 300 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-12 520 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-13 518 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-14 516 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-15 510 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-16 502 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-17 420 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-18 418 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-19 416 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-20 408 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-01 104 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-02 110 - et City Council 41 - 279 12/21/2021 25 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 398-512-03 111 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-04 119 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-05 127 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-06 124 S CYPRESS AVE GC 0.5 FAR LU change UN-20 South Main Street 398-512-07 120 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-514-05 122 S ORANGE AVE GC 0.5 FAR LU change UN-20 South Main Street 398-514-06 116 S ORANGE AVE GC 0.5 FAR LU change UN-20 South Main Street 398-514-07 224 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-514-08 210 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-01 2201 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-02 2209 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-03 2211 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-04 2223 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-05 2225 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-06 2231 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-07 2239 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-08 2245 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-151-01 2101 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-08 1959 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-09 1947 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-10 1933 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-11 1925 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-12 1919 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-18 2071 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-19 2059 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-20 2055 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-21 2049 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-22 2045 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-23 2041 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-24 2037 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-25 2035 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-26 2033 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-27 2025 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-28 2017 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-31 2009 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-01 1701 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-03 124 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-04 125 E BERKELEY ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-08 1717 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-09 1707 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-10 1705 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-13 120 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-01 1801 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-06 1812 S CYPRESS AVE GC 0.5 FAR LU change UN-20 South Main Street 403-185-07 119 E OCCIDENTAL ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-10 107 E OCCIDENTAL ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-11 1815 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-186-01 1901 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-186-02 1911 MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-01 1501 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-02 112 11 F �� FQINGFR �AVF !GC �O-S PAR ____��hangp I Ubl-2Q Snuth Main StLget City Council 41 - 280 12/21/2021 26 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address I Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 403-191-09 111 E STANFORD ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-11 1511 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-12 1515 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-01 1601 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-02 112 E STANFORD ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-09 111 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-10 105 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-11 1617 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-12 1611 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-13 1603 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-01 401 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-02 110 E CHESTNUT AVE GC 0.5 FAR LU change UN-20 South Main Street 404-041-10 100 E MYRTLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-11 107 E MYRTLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-12 105 E MYRTLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-13 417 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-14 411 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-15 409 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-08 109 CAMILLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-09 519 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-10 515 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-01 203 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-02 209 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-03 215 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-04 221 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-10 112 E WALNUT ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-01 108 E PINE ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-02 305 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-03 311 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-04 315 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-05 319 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-01 601 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-03 611 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-04 615 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-10 607 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-12 609 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-13 112 E CAMILLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-05 631 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-16 1322 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-17 1344 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-01 2001 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-01 505 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-24 406 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-53 114 E CUBBON ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-16 1010 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-04 1918 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-278-01 120 W 1ST ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-02 114 W 1ST ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-03 110 W 1ST ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-04 100 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-05 117 - et City Council 41 - 281 12/21/2021 27 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN k Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 398-278-06 114 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-07 120 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-08 123 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 010-234-05 915 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 010-234-06 919 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 010-234-07 117 W MCFADDEN AVE LR7 7 du/ac LU change UN-20 South Main Street 010-234-16 1010 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-061-53 114 E CUBBON ST LR7 7 du/ac LU change UN-20 South Main Street 015-064-01 1901 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 015-064-02 1905 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 015-064-03 1909 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 015-064-04 1918 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 015-064-14 1917 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 015-064-16 1921 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 398-283-01 201 S BROADWAY LR7 7 du/ac LU change UN-20 South Main Street 398-283-02 211 S BROADWAY LR7 7 du/ac LU change UN-20 South Main Street 398-283-16 200 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-01 120 W WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-02 200 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-03 200 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-07 111 E SAINT ANDREW PL LR7 7 du/ac LU change UN-20 South Main Street 403-164-01 2001 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-164-17 101 E SAINT GERTRUDE PL LR7 7 du/ac LU change UN-20 South Main Street 403-185-02 114 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-185-03 116 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-185-04 122 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-185-05 126 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-185-08 115 E OCCIDENTAL ST LR7 7 du/ac LU change UN-20 South Main Street 403-185-09 111 E OCCIDENTAL ST LR7 7 du/ac LU change UN-20 South Main Street 404-044-01 505 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 404-091-05 222 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-091-06 220 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-091-07 210 CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-01 208 E WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 404-092-02 203 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-03 207 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-04 209 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-05 215 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-06 219 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-07 221 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-08 213 E PINE ST LR7 7 du/ac LU change UN-20 South Main Street 404-092-09 207 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-10 207 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-11 216 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-12 207 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-13 202 E WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 404-092-14 214 E WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 404-101-05 631 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-05 210 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-186-02 1911 MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-186-01 190 - et City Council 41 — 282 12/21/2021 28 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 403-163-12 1919 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-11 1925 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-10 1933 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-09 1947 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-164-28 2017 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-164-31 2009 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-051-21 827 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-051-51 905 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-051-46 917 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-061-69 1015 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 041-213-04 555 E MEMORY LN DC 1.27 FAR density/intensity DC-1 Town and Country Manor 398-461-06 117 N STANDARD AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-08 901 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-09 907 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-21 701 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-26 521 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-27 521 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-32 719 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-34 515 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-35 607 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-11 110 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-12 829 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-13 823 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-14 823 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-18 801 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-12 936 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-10 938 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-01 1206 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-02 1212 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-03 1222 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-04 1225 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-05 1221 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-06 1219 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-07 1215 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-08 1211 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-09 1207 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-10 1203 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-01 1102 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-02 1108 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-03 1110 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-04 1114 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-05 1124 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-453-05 1214 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-453-06 202 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-453-07 1215 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-08 1211 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-09 1205 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-10 1201 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-14 1221 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-15 1221 E 1ST ST UN 0.5 - 1.8 FAR density intensity UN-40 Transit Zoning Code - CDR 398-234-01 631 - ode - DT & UC City Council 41 - 283 12/21/2021 29 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 398-234-04 113 E SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-234-06 614 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-234-07 601 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-01 615 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-02 620 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-03 600 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-04 608 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-05 608 N SPURGEON DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-243-01 615 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-243-02 600 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-243-04 618 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-252-04 518 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-252-05 301 W 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-253-06 200 W SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-254-01 515 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-254-02 505 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-254-11 520 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-19 301 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-20 305 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-21 309 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-30 302 W 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-01 415 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-02 409 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-03 223 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-04 221 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-05 219 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-06 217 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-07 215 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-08 209 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-09 203 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-10 213 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-11 416 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-01 120 W 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-02 415 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-03 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-04 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-05 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-08 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-09 410 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-10 410 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-11 410 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-12 420 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-13 109 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-01 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-02 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-03 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-04 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-05 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-06 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-07 117 W 4TH ST DC 3.0 FAR density intensity DC-3 Transit Zoning Code - DT & UC 398-264-09 308 - ode - DT & UC City Council 41 - 284 12/21/2021 30 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 398-264-10 300 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-13 201 W 3RD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-14 308 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-15 202 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-16 214 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-17 220 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-18 325 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-01 227 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-02 217 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-03 225 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-04 207 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-05 207 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-06 207 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-09 214 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-01 117 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-02 107 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-03 102 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-04 222 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-01 117 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-02 115 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-03 105 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-04 112 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-01 517 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-02 515 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-03 503 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-04 501 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-05 117 E 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-06 119 E 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-07 510 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-08 520 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-322-01 200 E SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-323-08 300 E SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-325-01 450 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-326-08 325 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-326-10 300 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-326-11 200 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-01 204 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-06 217-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-07 217 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-08 217 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-09 201 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-328-01 421 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-328-02 111 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-01 102 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-02 104 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-03 106 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-04 108 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-05 112 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-06 114 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-07 116 E 4TH ST DC 3.0 FAR density intensity DC-3 Transit Zoning Code - DT & UC 398-501-08 118 ode - DT & UC City Council 41 - 285 12/21/2021 31 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 398-501-09 120 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-10 314 N BUSH DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-11 308 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-12 302 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-13 301 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-14 309 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-01 200-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-02 206-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-03 216 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-10 216-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-04 310 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-07 316 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-08 318 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-09 320 N FRENCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-10 302 N FRENCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-11 302 N FRENCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-12 309 E 3RD ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-13 301 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-15 312-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-16 300 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-507-08 400 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-507-11 450 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-511-09 111 S MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-01 202 E 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-02 116 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-04 211 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-06 201 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-07 219 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-516-19 301 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-516-20 401 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-01 324 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-02 318 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-03 312 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-04 310 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-05 302 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-06 306 BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-07 306 BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-08 315 3RD ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-09 329 W BIRCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-10 313 BIRCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-592-07 204 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-592-08 116 N BROADWAY ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-592-09 322 W 3RD St DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-01 450 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-02 414 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-03 412 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-04 410 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-05 406 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-06 402 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-07 310 N BIRCH ST DC 3.0 FAR density intensity DC-3 Transit Zoning Code - DT & UC 398-593-08 310 - ode - DT & UC City Council 41 - 286 12/21/2021 32 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 398-601-02 200 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-601-03 200 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-601-04 201 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-02 217 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-03 220 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-04 210 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-07 200 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-603-02 210 E 3RD ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-324-01 402 E 6TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-02 406 E 6TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-03 412 E 6TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-08 409 E 5TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-09 405 E 5TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-10 501 N FRENCH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-12 510 N MORTIMER ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-252-07 400 E SANTA ANA BLVD DC 90 du/ac, 1.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-351-04 1000 E SANTA ANA BLVD DC 5.0 FAR LU change INS Transit Zoning Code - TV 398-093-02 1024 FULLER ST IND 0.45 FAR LU change UN-50 Transit Zoning Code - TV 398-081-06 1107 E WASHINGTON AVE UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-01 1102 E WASHINGTON AVE UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-03 1024 N FULLER ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-093-04 1022 FULLER ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-093-05 1022 FULLER UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-093-06 1020 FULLER ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-093-07 1016 FULLER ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-093-08 1012 FULLER ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-093-13 1006 N FULLER ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code -TV 398-092-02 1013 N FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-08 1037 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-09 1045 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-10 1029 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-11 1021 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-13 1126 E WASHINGTON AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-14 1126 E WASHINGTON AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-02 940 N GRAND AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-03 930 N GRAND AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-04 1205 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-05 1201 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-06 1202 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-07 1206 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-08 1210 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-09 1214 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-13 1215 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-14 902 N GRAND AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-15 1207 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-203-02 1000 E SANTA ANA BLVD DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-204-04 1000 E SANTA ANA BLVD DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-207-01 1111 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-208-01 1143 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-351-07 1000 E SANTA ANA BLVD DC 5.0 FAR density intensity DC-5 Transit Zoning Code - TV 398-361-01 114 - ode - TV City Council 41 - 287 12/21/2021 33 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 398-361-07 1102 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-374-21 1160 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-351-08 1000 E SANTA ANA BLVD DC 90 du/ac, 1.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-255-31 411 W 4TH ST DC 3.0 FAR LU change INS Transit Zoning Code - UC 398-315-11 919 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-01 901 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-02 910 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-05 921 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-06 913 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-07 518 N POINSETTIA ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-08 920 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-09 920 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-01 1000 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-03 1000 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-18 1039 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-01 902 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-02 417 N GARFIELD ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-09 932 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-352-06 610 N SANTIAGO ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-352-07 620 N SANTIAGO ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-02 1061 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-03 1051 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-12 606 N TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-01 530 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-02 510 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-03 508 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-04 506 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-05 420 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-373-05 1110 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-373-06 1102 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-374-19 1105 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-374-20 1101 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-01 531 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-02 415 N TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-03 1051 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-04 1064 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-06 416 N SANTA FE ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-07 414 N SANTA FE ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-08 1020 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-09 941 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-10 941 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-11 941 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-03 906 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-382-01 1111 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-12 1045 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-01 1140 E FRUIT ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-05 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code - UC 398-342-15 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code - UC 398-342-15 1029 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code - UC 398-381-05 1064 E 6TH ST DC 5.0 FAR density intensity UN-50 Transit Zoning Code - UC 398-181-06 841 - - ode - UN-1 City Council 41 - 288 12/21/2021 34 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-181-09 1328 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-10 1330 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-11 1332 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-14 841 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-17 1338 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-18 1340 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-05 1321 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-06 1317 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-07 1315 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-08 1313 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-09 901 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-10 905 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-11 909 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-12 915 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-13 915 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-14 900 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-15 1312 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-16 1318 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-17 1322 N LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-21 1326 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-22 1325 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-25 1331 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-26 1329 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-28 1337 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-07 1019 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-13 1313 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-14 1011 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-17 1312 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-18 1310 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-19 1306 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-06 845 E CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-07 1018 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-08 1020 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-09 1024 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-10 1030 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-11 1000 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-12 1038 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-13 826 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-14 830 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-15 800 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-16 836 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-17 838 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-01 902 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-02 1000 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-03 1039 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-04 1037 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-05 1033 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-06 1027 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-07 1023 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-08 1019 CUSTER ST UN 0.5 - 1.8 FAR density intensity UN-20 Transit Zoning Code - UN-1 398-193-10 903 - - ode - UN-1 City Council 41 - 289 12/21/2021 35 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-193-11 907 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-12 1002 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-13 1006 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-15 1016 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-16 1018 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-17 1022 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-18 1026 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-19 1030 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-20 1034 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-21 1038 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-22 1042 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-23 912 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-24 916 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-25 920 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-26 1012 N LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-01 1004 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-02 1006 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-03 1008 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-04 1010 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-05 1041 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-06 1035 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-07 1035 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-08 1027 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-09 1021 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-10 1017 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-11 1015 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-12 1001 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-14 1008 LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-15 1018 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-16 1022 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-17 1024 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-18 1026 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-19 1030 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-20 1032 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-21 1042 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-22 1014 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-23 1002 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-02 904 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-03 906 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-04 908 E STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-05 912 E STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-06 926 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-07 924 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-08 922 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-09 920 N LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-01 935 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-02 929 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-03 925 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-04 923 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-05 917 LOGAN ST UN 0.5 - 1.8 FAR density intensity UN-20 Transit Zoning Code - UN-1 398-205-06 920 - ode - UN-1 City Council 41 - 290 12/21/2021 36 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-205-07 922 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-08 926 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-09 1016 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-13 717 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-14 713 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-15 711 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-16 705 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-17 701 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-18 623 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-19 619 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-20 615 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-25 604 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-27 608 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-02 518 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-03 522 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-04 602 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-05 606 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-06 610 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-07 614 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-08 618 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-09 624 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-10 626 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-11 710 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-12 712 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-13 714 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-14 720 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-15 208 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-16 721 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-17 719 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-18 709 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-19 705 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-20 701 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-21 619 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-22 615 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-23 609 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-24 607 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-25 605 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-26 601 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-27 519 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-28 515 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-29 511 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-32 430 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-08 831 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-09 825 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-10 823 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-13 815 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-14 809 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-15 805 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-16 801 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-17 819 E 3RD ST UN 0.5 - 1.8 FAR density intensity UN-20 Transit Zoning Code - UN-1 398-484-01 802 - - ode - UN-1 City Council 41 - 291 12/21/2021 37 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN L Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-484-02 213 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-03 810 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-04 814 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-06 829 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-07 825 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-08 821 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-09 819 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-10 815 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-11 801 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-04 514 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-05 518 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-06 606 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-07 608 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-08 610 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-09 612 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-10 614 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-11 618 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-12 620 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-13 702 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-14 706 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-15 710 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-16 714 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-17 720 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-39 510 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-40 510 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-01 802 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-02 808 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-03 810 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-04 814 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-05 818 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-06 820 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-07 824 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-08 826 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-09 830 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-10 112 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-315-04 901 E 6TH ST UN 5.0 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-033-05 1110 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-034-07 920 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-035-01 1115 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-035-02 1113 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-035-03 1105 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-09 715 CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-10 717 CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-13 820 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-14 830 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-15 810 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-150-02 627 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-08 1327 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-09 1300 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-10 615 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-11 611 - -in Tramot Zoning Code - UN-2 City Council 41 - 292 12/21/2021 38 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address L- Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-152-16 627 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-181-16 1315 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-02 628 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-03 1016 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-04 827 E CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-05 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-06 921 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-07 911 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-08 811 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-01 800 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-02 1031 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-03 1031 SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-04 1025 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-05 1001 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-201-11 901 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-202-01 923 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-01 621 N SPURGEON ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-02 621 N SPURGEON ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-03 708 N FRENCH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-04 609 N SPURGEON ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-01 625 N FRENCH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-02 615 N FRENCH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-03 714 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-04 710 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-05 401 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-01 731 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-02 725 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-03 719 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-04 715 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-05 711 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-06 501 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-07 505 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-08 511 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-09 702 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-10 708 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-11 710 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-12 408 CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-01 729 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-02 727 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-03 717 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-04 715 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-05 709 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-08 615 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-09 619 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-10 623 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-11 625 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-12 710 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-13 714 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-16 724 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-17 730 N LACY ST UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-301-20 718 - - ode - UN-2 City Council 41 - 293 12/21/2021 39 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-301-21 601 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-01 608 E CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-02 717 LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-08 729 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-10 724 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-11 730 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-14 711 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-15 703 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-01 725 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-02 717 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-03 711 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-04 801 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-05 807 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-06 809 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-07 809 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-08 715 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-09 817 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-10 724 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-11 730 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-311-05 607 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-311-21 621 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-10 811 BROWN ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-11 602 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-21 702 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-22 610 GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-23 601 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-24 618 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-03 812 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-06 611 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-11 624 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-16 636 POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-17 638 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-20 804 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-01 902 BROWN ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-09 620 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-10 620 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-12 901 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-01 502 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-02 506 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-03 510 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-04 514 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-05 520 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-06 519 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-07 515 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-08 509 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-09 507 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-10 501 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-331-01 601 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-331-02 512 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-331-05 515 E 6TH ST UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-331-06 516 - - ode - UN-2 City Council 41 - 294 12/21/2021 40 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN L Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-332-04 520 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-05 519 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-06 515 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-10 502 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-11 505 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-02 610 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-07 609 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-10 512 N PORTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-11 601 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-12 621 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-01 702 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-02 706 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-03 710 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-04 714 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-05 720 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-06 713 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-07 701 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-01 702 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-02 708 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-03 712 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-04 716 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-05 416 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-06 719 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-07 713 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-11 701 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-12 701 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-01 602 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-06 615 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-07 609 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-08 601 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-09 409 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-11 606 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-08 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-09 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-10 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-11 941 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-12 1035 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-343-03 906 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-343-07 929 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-343-08 903 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-352-10 920 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-01 742 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-02 738 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-03 734 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-04 730 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-05 718 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-06 714 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-07 710 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-08 702 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-09 626 N GRAND AVE UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-371-10 624 - - ode - UN-2 City Council 41 - 295 12/21/2021 41 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-371-11 620 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-12 616 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-14 600 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-15 601 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-16 609 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-17 615 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-18 617 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-19 621 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-20 623 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-21 629 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-22 703 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-23 707 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-24 711 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-25 715 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-26 717 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-27 721 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-28 725 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-29 731 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-30 735 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-31 739 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-32 1214 E FRUIT ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-33 610 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-34 606 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-01 516 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-02 510 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-03 508 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-04 511 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-05 515 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-06 519 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-07 1202 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-373-01 528 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-373-02 524 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-373-07 514 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-01 742 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-02 740 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-03 736 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-04 732 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-05 728 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-06 724 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-07 720 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-08 716 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-09 710 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-10 706 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-11 704 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-12 628 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-13 626 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-14 622 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-15 618 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-16 610 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-17 606 N EASTWOOD AVE UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-374-18 604 - - ode - UN-2 City Council 41 - 296 12/21/2021 42 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address LPlan Current General Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-381-08 412 N SANTA FE ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-09 412 N SANTA FE ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-10 1061 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-11 1055 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-12 1051 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-13 1051 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-01 1111 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-02 508 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-03 506 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-04 420 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-05 416 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-01 507 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-02 501 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-03 419 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-04 411 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-05 1201 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-08 404 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-09 416 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-10 420 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-11 424 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-12 502 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-13 400 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-06 1121 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-07 1119 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-08 1115 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-09 1111 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-10 1105 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-01 1108 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-04 1116 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-05 1122 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-06 212 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-07 208 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-08 202 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-01 1102 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-02 1108 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-03 1116 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-04 1118 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-05 120 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-06 108 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-07 104 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-08 1102 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-01 1202 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-02 1202 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-03 1208 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-04 1210 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-08 1209 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-09 1207 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-10 209 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-11 1205 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-454-01 117 N HATHAWAY ST UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-454-02 111 - - ode - UN-2 City Council 41 - 297 12/21/2021 43 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ Focus Area/Location 398-454-03 1208 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-454-11 107 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-03 1002 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-07 1044 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-18 1030 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-19 1038 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-01 1026 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-02 1022 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-03 1008 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-04 922 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-05 924 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-06 927 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-07 900 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-01 1000 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-02 1000 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-03 928 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-04 905 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-05 910 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-06 905 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-04 914 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-06 902 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-10 938 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-12 936 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-08 610 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-09 612 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-10 616 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-11 710 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-12 716 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-24 604 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-26 608 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-01 802 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-02 806 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-03 800 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-04 818 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-05 820 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-06 822 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-07 832 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-484-05 818 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-18 1039 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-362-05 420 TERMINAL ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-03 1055 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-15 1029 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-06 117 N STANDARD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 198-101-03 3704 W WASHINGTON AVE MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-04 1222 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-05 1218 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-07 1122 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-08 1114 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-09 1102 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-10 3625 W 11TH ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-17 121 - Boulevard City Council 41 - 298 12/21/2021 44 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 198-211-04 3424 W WASHINGTON AVE LR7 7 du/ac LU change LMR-11 West Santa Ana Boulevard 405-222-10 2901 W 1ST ST IND 0.45 FAR LU change MR-15 West Santa Ana Boulevard 405-222-12 2767 W 1ST ST IND 0.45 FAR LU change MR-15 West Santa Ana Boulevard 405-222-13 2767 W 1ST ST IND 0.45 FAR LU change MR-15 West Santa Ana Boulevard 007-161-01 1922 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-02 1918 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-03 1914 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-04 1912 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-05 1906 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-06 1904 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-07 209 N TOWNSEND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-08 1921 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-09 1917 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-10 1915 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-11 1911 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-12 1907 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-13 1901 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-01 1924 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-02 1918 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-03 1916 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-04 1912 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-05 1906 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-06 1904 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-02 1826 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-03 1822 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-04 1818 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-05 1814 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-07 1837 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-08 1831 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-10 1819 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-11 1815 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-12 1809 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-13 1805 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-14 1801 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-15 1821 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-16 1825 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-17 1832 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-18 1834 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-19 1810 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-21 1802 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-22 1806 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-01 1832 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-02 1826 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-03 1824 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-04 1820 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-05 1816 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-06 1810 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-07 1808 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-08 1802 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-02 1724 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-03 172 Boulevard City Council 41 — 299 12/21/2021 45 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 007-201-04 1718 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-06 1706 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-07 1702 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-14 110 N WESTERN AVE LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-17 1716 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-18 1712 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-28 1732 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-29 1728 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-01 271 N RAITT ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-02 1726 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-03 1722 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-04 1722 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-05 1716 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-06 1716 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-07 1706 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-08 1702 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-09 1701 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-10 1705 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-11 1709 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-12 1715 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-13 1717 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-14 1721 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-15 1727 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 008-131-33 1249 W 1ST ST GC 0.5 FAR LU change OS West Santa Ana Boulevard 008-082-19 1225 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-20 1217 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-21 1213 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-22 1211 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-23 1207 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-24 1201 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-11 1139 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-12 1131 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-13 1129 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-14 1127 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-26 1107 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-07 1222 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-08 1218 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-09 1214 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-10 1210 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-11 1206 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-12 1202 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-01 1140 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-05 1120 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-08 1106 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-09 1102 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-23 1128 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-24 1114 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-01 1076 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-02 1070 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-08 1042 W SANTA ANA BLVD PAO 0.5 FAR density intensity PAO-2 West Santa Ana Boulevard 405-161-39 103 -W Boulevard City Council 41 — 300 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres I Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 405-161-40 1040 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-41 1054 E SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-24 1111 E SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 007-120-19 2025 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-120-21 2015 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-362-28 2201 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-362-29 2209 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-362-21 2317 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-22 2313 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-23 2301 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-24 2301 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-25 2233 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-26 2217 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-022-29 2415 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-02 1908 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-04 1922 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-05 2002 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-06 1900 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-07 1804 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-01 2308 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-02 2304 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-03 2224 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-04 2222 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-06 2210 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-07 2204 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-10 2120 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-11 2110 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-12 2114 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-13 2106 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-14 2102 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-15 2026 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-16 2022 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-17 2020 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-20 2216 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-21 2202 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-24 2400 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-25 2401 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-26 2350 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-27 2351 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-28 2330 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-32 2231 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-33 2221 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-34 2220 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-35 2230 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-36 2300 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-37 2310 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-38 321 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-39 311 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-40 301 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-41 312 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-43 234 - Boulevard City Council 41 - 301 12/21/2021 47 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 007-120-44 2331 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-45 2311 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-46 2321 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-47 2301 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-49 302 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-50 308 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-52 302 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-53 304 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-01 2430 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-02 2410 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-03 411 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-04 410 NANTUCKET PL IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-05 401 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-06 400 NANTUCKET PL IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-07 321 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-08 301 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-09 2430 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-10 2420 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-11 2400 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-12 300 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-04 302 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-11 2602 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-24 2520 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-26 2518 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-29 408 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-31 406 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-35 412 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-42 402 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-45 2521 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-46 2513 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-47 2603 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-48 2521 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-49 2649 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-50 2655 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-51 2639 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-56 2505 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-66 419 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-67 401 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-76 308 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-77 404 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-78 280 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-79 212 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-80 124 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-82 201 N Fairview St IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-142-01 2702 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-08 200 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-09 2323 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-10 216 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-15 2431 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-17 201 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-18 242 - Boulevard City Council 41 - 302 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ inte ' Focus Area/Location 007-361-19 2420 W 3RD ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-20 2411 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-21 2421 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-22 121 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-03 2309 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-06 2233 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-09 2221 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-10 2217 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-11 2218 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-12 2222 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-13 2226 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-20 201 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-30 2305 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-31 2310 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-32 2302 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-33 2225 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-34 2230 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-35 2317 W 2ND St IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-05 2808 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-06 2812 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-07 2818 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-14 2828 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-15 2829 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-241-01 2501* W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-241-03 501 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-241-04 601 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-211-02 802 N FAIRVIEW ST GC 0.5 FAR LU change UN-20 West Santa Ana Boulevard 007-313-15 2237 W 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-20 West Santa Ana Boulevard 007-313-16 2223 W 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-20 West Santa Ana Boulevard 007-022-04 2334 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-05 2328 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-06 2324 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-07 2318 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-09 2304 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-16 2325 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-17 2317 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-19 2310 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-23 2338 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-24 2334 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-25 2329 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-30 2301 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-31 2314 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-32 2301 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-33 2315 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-01 1924 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-02 1920 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-03 1918 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-04 1910 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-05 1906 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-06 1902 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-07 192 - Boulevard City Council 41 - 303 12/21/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 007-101-08 1919 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-10 1909 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-11 1905 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-12 1903 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-13 1913 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-14 1915 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-01 1836 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-02 1830 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-03 1824 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-04 1822 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-05 1800 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-06 1812 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-07 1802 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-08 1839 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-09 1829 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-10 1825 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-14 1815 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-15 1811 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-16 1807 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-17 1801 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-19 1817 W 3RD St LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-351-01 717 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-352-46 711 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-03 1730 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-04 1728 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-05 1724 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-06 1722 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-07 1710 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-08 1706 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-09 1702 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-10 1701 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-11 1707 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-12 1709 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-13 1717 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-14 1721 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-15 1725 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-16 1727 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-19 1731 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-20 1735 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-02 1720 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-03 1714 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-04 1710 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-05 1706 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-06 1702 E 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-07 1701 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-08 1705 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-09 1709 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-10 301 N RAITT ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-01 730 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-02 802 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-03 720 - Boulevard City Council 41 — 304 12/21/2021 50 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addres Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 405-211-04 804 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-07 2502 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-08 2506 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-09 2510 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-10 2510 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-11 2520 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-36 804 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 398-212-14 800 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-212-15 800 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-212-16 888 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-212-17 800 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-19 500 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-24 600 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-26 520 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-27 311 N VAN NESS ST PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-28 520 W 4TH ST PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 405-064-05 1310 W 5TH ST INS 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-14 1314 W 5TH ST INS 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-17 410 N BRISTOL ST INS 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-16 1235 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-17 1233 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-18 1231 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-03 1240 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-04 1236 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-05 1230 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-06 1226 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 398-221-22 520 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 398-221-23 520 W SANTA AN BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 007-183-15 1305 W 3RD ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 007-183-25 1306 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-01 415 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-02 415 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-14 1243 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-15 1241 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-29 1247 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-01 315 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-02 1244 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-14 1247 W 3RD ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-15 1239 W 3RD ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-06 418 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-17 410 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 007-183-01 1336 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-02 1332 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-03 1326 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-04 1322 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-05 1318 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-10 305 N HESPERIAN ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-12 1323 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-13 1319 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-14 1315 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-19 133 - Boulevard City Council 41 - 305 12/21/2021 51 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 007-183-20 1325 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-082-03 1236 W 5TH ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-082-04 1234 W 5TH ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-082-05 1232 W 5TH ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-16 1237 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-17 1233 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-18 1229 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-19 1225 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 410-301-28 1000 W MACARTHUR BLVD DC 1.0 FAR LU change LR-7 010-232-18 902 S BROADWAY INS 0.5 FAR LU change LR-7 010-232-22 917 S BIRCH ST INS 0.5 FAR LU change LR-7 396-261-26 2101 E SANTA CLARA AVE INS 0.5 FAR LU change LR-7 396-261-56 2414 N TUSTIN AVE INS/OS/LR-7 0.5 FAR LU change LR-7 396-261-38 2109 E SANTA CLARA AVE INS/GC 0.5 FAR LU change LR-7 016-045-19 2533 ORANGE AVE OS 0.2 FAR LU change LR-7 396-261-56 2414 N TUSTIN AVE OS 0.2 FAR LU change LR-7 405-261-20 801 N LOUISE ST PAO 0.5 FAR LU change LR-7 405-261-21 807 N LOUISE ST PAO 0.5 FAR LU change LR-7 405-261-22 811 N LOUISE ST PAO 0.5 FAR LU change LR-7 405-312-02 1617 N ROSEWOOD AVE PAO 0.5 FAR LU change LR-7 405-321-01 1010 W 17TH ST PAO 0.5 FAR LU change LR-7 405-082-02 1148 W CIVIC CENTER DR PAO 0.5 FAR LU change LR-7 405-082-25 1136 W CIVIC CENTER DR PAO 0.5 FAR LU change LR-7 396-261-37 2360 N TUSTIN AVE GC 0.5 FAR LU change LR-7 396-261-38 2109 E SANTA CLARA AVE GC 0.5 FAR LU change LR-7 398-391-09 526 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-10 522 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-11 518 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-12 514 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-13 510 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-14 506 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-27 530 N MCCLAY ST GC 0.5 FAR LU change LR-7 405-081-23 611 N BRISTOL ST GC 0.5 FAR LU change LR-7 398-496-04 113 S HALLADAY ST GC 0.5 FAR LU change LR-7 410-311-02 2970 S MAIN ST GC 0.5 FAR LU change LR-7 414-012-01 2732 W ORION AVE IND 0.45 FAR LU change LR-7 410-111-02 651 W SUNFLOWER AVE UN 0.5 - 1.8 FAR LU change LR-7 407-107-19 3007 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-20 3013 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-22 3019 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-29 3019 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-31 3025 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-32 3109 W EDINGER AVE MR15 15 du/ac LU change LR-7 412-423-01 1702 W ADAMS ST LU change LR-7 412-423-02 1706 W ADAMS ST LU change LR-7 412-423-03 1710 W ADAMS ST LU change LR-7 412-423-04 1714 W ADAMS ST LU change LR-7 412-423-05 1718 W ADAMS ST LU change LR-7 412-423-06 1722 W ADAMS ST LU change LR-7 412-423-07 1802 W ADAMS ST LU change LR-7 412-423-08 180 - City Council 41 — 306 12/21/2021 52 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Addre! I Current General Plan Current Density/ Intensity Type of Change Proposed Density/ igtensity Focus Area/Location 108-741-03 4918 W 1ST ST GC/LMR11 0.5 FAR/11 du/ac LU change LMR-11 108-741-04 4906 W 1ST ST GC/LMR11 0.5 FAR/11 du/ac LU change LMR-11 108-741-05 4920 W 1ST ST GC/LMR11 0.5 FAR/11 du/ac LU change LMR-11 100-281-07 201 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-09 113 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-11 117 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-12 121 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-16 4326 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-23 4318 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-24 4322 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-26 211 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-28 207 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-29 203 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-30 4330 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-31 4330 W 5th ST LR7 7 du/ac LU change LMR-11 100-281-32 4310 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-33 4314 W 5TH ST LR7 7 du/ac LU change LMR-11 398-431-19 120 N WRIGHT ST LR7 7 du/ac LU change LMR-11 398-441-06 301 N LINWOOD AVE LR7 7 du/ac LU change LMR-11 398-441-09 302 N LINWOOD AVE LR7 7 du/ac LU change LMR-11 100-281-05 301 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 100-281-25 4307 W 1ST ST MR15 15 du/ac LU change LMR-11 100-281-37 321 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 100-281-40 243 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 100-281-41 409 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 402-051-08 727 S LYON ST ROW LU change MR-15 396-261-21 2031 E SANTA CLARA AVE OS 0.2 FAR LU change INS 412-341-01 2701 S RAITT ST OS 0.2 FAR LU change INS 398-391-15 1324 E 4TH ST GC 0.5 FAR LU change INS 016-035-12 417 E CENTRAL AVE LR7 7 du/ac LU change INS 109-062-33 1001 S GRAHAM LN LR7 7 du/ac LU change INS 109-064-40 1001 S GRAHAM LN LR7 7 du/ac LU change INS 396-211-40 2019 N GRAND AVE LR7 7 du/ac LU change INS 396-201-05 2100 N GRAND AVE LR7 7 du/ac LU change INS 405-233-36 1112 W CIVIC CENTER DR LR7 7 du/ac LU change INS 004-070-38 1714 W MARTHA LN LR7 7 du/ac LU change INS 016-090-27 400 E CENTRAL AVE LR7 7 du/ac LU change INS 405-121-11 1825 W CIVIC CENTER DR INS 0.5 FAR LU change OS 415-031-16 4501 W MACARTHUR BLVD IND 0.45 FAR LU change OS 016-035-15 417 E CENTRAL AVE LR7 7 du/ac LU change OS 390-691-08 2535 N MAIN ST LR7 7 du/ac LU change OS 390-691-09 2535 N MAIN ST LR7 7 du/ac LU change OS 390-701-07 2535 N MAIN ST LR7 7 du/ac LU change OS 390-701-08 2535 N MAIN ST LR7 7 du/ac LU change OS 405-121-11 1825 W CIVIC CENTER DR LR7 7 du/ac LU change OS 390-701-07 2535 N MAIN ST LR7 7 du/ac LU change OS 390-701-06 2535 N MAIN ST LR7 7 du/ac LU change OS 001-011-22 1817 W 21TH ST MR15 15 du/ac LU change OS 405-251-02 1212 W 17TH ST LR7 7 du/ac LU change PAO 399-072-17 1139 W 17TH ST LR7 7 du/ac LU change PAO 405-312-29 112 City Council 41 — 307 12/21/2021 53 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address fL Current General Plan Current Density/ Intensity Type of Change Proposed Density/ intensity Focus Area/Location 405-312-30 1108 W 17TH ST LR7 7 du/ac LU change PAO 398-522-24 1324 N BROADWAY MR15 15 du/ac LU change PAO 398-535-10 1024 N ROSS ST MR15 15 du/ac LU change PAO 398-535-11 1032 N ROSS ST MR15 15 du/ac LU change PAO 396-261-30 2360 N TUSTIN AVE INS 0.5 FAR LU change GC 396-261-31 2370 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 396-261-32 2360 N TUSTIN AVE INS 0.5 FAR LU change GC 396-261-35 2360 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 396-261-33 2360 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 396-261-34 2370 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 405-321-02 900 W 17TH ST PAO 0.5 FAR LU change GC 011-263-25 1100 S GRAND AVE IND 0.45 FAR LU change GC 198-132-21 2530 W 17TH ST UN 0.5 - 1.8 FAR LU change GC 198-132-23 2534 W 17TH ST UN 0.5 - 1.8 FAR LU change GC 003-161-10 2015 POINSETTIA ST LR7 7 du/ac LU change GC 099-213-53 502 N EUCLID ST LR7 7 du/ac LU change GC 099-221-22 414 N EUCLID ST LR7 7 du/ac LU change GC 099-222-39 306 N EUCLID ST LR7 7 du/ac LU change GC 099-223-26 202 N EUCLID ST LR7 7 du/ac LU change GC 099-224-33 114 N EUCLID ST LR7 7 du/ac LU change GC 099-224-40 122 N EUCLID ST LR7 7 du/ac LU change GC 099-224-41 118 N EUCLID ST LR7 7 du/ac LU change GC 399-085-21 1715 N BRISTOL ST LR7 7 du/ac LU change GC 405-321-02 900 W 17TH ST LR7 7 du/ac LU change GC 414-022-20 3730 S GREENVILLE ST LR7 7 du/ac LU change GC 414-022-37 3730 S GREENVILLE ST LR7 7 du/ac LU change GC 399-085-16 1223 W 17TH ST LR7 7 du/ac LU change GC 399-085-17 1205 W 17TH ST LR7 7 du/ac LU change GC 399-085-18 1225 W 17TH ST LR7 7 du/ac LU change GC 399-085-19 1227 W 17TH ST LR7 7 du/ac LU change GC 002-104-47 521 W 17TH ST LR7 7 du/ac LU change GC 099-224-26 5201 W 1ST ST LR7 7 du/ac LU change GC 004-044-48 1916 W 17TH ST LR7 7 du/ac LU change GC 396-292-01 2101 N TUSTIN AVE LR7 7 du/ac LU change GC 100-281-36 4315 W 1ST ST MR15 15 du/ac LU change GC 430-251-14 2100 EDINGER AVE LU change GC 396-314-06 1722 E 17TH ST LU change GC 007-321-02 1526 W 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 007-321-04 1506 W 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 007-321-17 1525 W WALNUT ST UN 0.5 - 1.8 FAR density/intensity UN-30 007-321-18 1548 W 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 003-153-48 317 E 17TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 011-251-17 1113 S STANDARD AVE LR7 7 du/ac LU change OS 011-251-18 1117 S STANDARD AVE LR7 7 du/ac LU change OS 011-251-19 1121 S STANDARD AVE LR7 7 du/ac LU change OS 011-251-20 1125 S STANDARD AVE LR7 7 du/ac LU change OS City Council 41 — 308 12/21/2021 54 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROPOSED GENERAL PLAN UPDATE IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and WHEREAS, the City of Santa Ana now seeks to adopt a comprehensive update to the Santa Ana General Plan; and WHEREAS, the General Plan Update ("project") also requires the certification of the Final Recirculated Program Environmental Impact Report and related documents that have been completed for the project, which approval will be concurrent with the approval of the General Plan Update; and WHEREAS, the project as currently proposed entails, among other things, (1) the revision to the State mandated Elements of the General Plan; (2) the inclusion of optional Elements to the General Plan; and (3) approval of General Plan Amendment (GPA) No. 2020-06, which would result in a comprehensive update to the existing General Plan; and WHEREAS, the City of Santa Ana is also located partially within the area contained within the scope of the Airport Environs Land Use Plan for John Wayne Airport ("AELUP"); and WHEREAS, California Public Utilities Code section 21676(b) requires the City to refer projects requiring a general plan amendment or a zone change to the Airport Land Use Commission for Orange County ("ALUC") for consistency with the AELUP; and WHEREAS, the City submitted the General Plan Update to the ALUC for consistency review on September 17, 2020; and WHEREAS, on October 15, 2020, the ALUC, by vote of 5-0, found the General Plan Update to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport pursuant to AELUP sections 1.2, 2.1.4, and 3.2.1, and Public Utilities Code section 21674, due to (1) proferred aircraft noise and safety issues relative to the allowed placement of residential units within the flight corridor in the 55 Freeway/Dyer Road Focus Area and (2) proferred building height issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower Avenue); and City Council 41 — 309 Resolution W.2Z1di103 AX Page 1 of 11 WHEREAS, pursuant to Public Utilities Code section 21676(b), the City may overrule the ALUC by a two-thirds vote of the City Council if it makes specific findings that the project is consistent with the purpose of the State Aeronautics Act; and WHEREAS, pursuant to Public Utilities Code section 21676(b), on October 16, 2020, with the requisite 45-day notice, the Santa Ana City Council adopted a resolution of intent to overrule the determination of inconsistency by the ALUC, Resolution No. 2020-078, and provided the ALUC with notice thereof, including proposed findings; and WHEREAS, by letter dated November 12, 2020, and in accordance with Public Utilities Code section 21676, the ALUC submitted written comments to the City addressing the City's proposed overruling; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Final Program Environmental Report and General Plan Update, at which the Planning Commission voted not to certify the Final PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice communities and in view of the COVID- 19 pandemic; and WHEREAS, the Santa Ana General Plan Update subsequently underwent revisions that were not materially different from what was originally submitted to the ALUC for review, leaving the Land Use Element unchanged, nor were any new elements added that include changes within the JWA Planning area; and WHEREAS, the written comments received from the ALUC have been included in the public record as required by Public Utilities Code section 21676; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report was prepared and circulated in accordance with all legal requisites, as a supplemental analysis to the original Draft PEIR to reflect the updates to the project and based on an intensive, extended community outreach program conducted by the City between January and May 2021; and WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, General Plan Update, and the proposed overruling of the determination of inconsistency by the ALUC, at which hearing members of the public were afforded an opportunity to comment and the project was fully considered. City Council 41 — 310 Resolution W.221dilO AX Page 2 of 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana is required to provide findings of fact supporting the overrule of the ALUC's determination of inconsistency as required by Public Utilities Code section 21676(b). Those findings are attached as Exhibit A and incorporated here by reference as if set forth in full. Section 2. Based on these findings of fact and the associated substantial evidence in the public record, the City Council finds that the proposed action by the City on the General Plan Update is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670 and consistent with the AELUP. Section 3. Based on the above evidence and findings made, and the remainder of the record in this matter, the City Council of the City of Santa Ana hereby overrules the Orange County ALUC's determination that the General Plan Update is inconsistent with Airport Environs Land Use Plan for John Wayne Airport. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: %- John M. Funk Sr. Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers , 2021. Vicente Sarmiento Mayor City Council 41 — 311 Resolution W.221di1QRAX Page 3 of 11 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana City Council 41 — 312 Resolution W.22VAPRAX Page 4 of 11 EXHIBIT A FINDINGS OF FACT SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE CITY OF SANTA ANA COMPREHENSIVE GENERAL PLAN UPDATE, GOLDEN CITY BEYOND (2045) I. INTRODUCTION The City of Santa Ana ("City") is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission's ("ALUC") determination of inconsistency as required in the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the General Plan Update, Golden City Beyond (2045) ("Project") is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant part: "It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses." Specifically, the City's proposed action on the Project provides for the orderly development of John Wayne Airport ("JWA"), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. II. FRAMEWORK It is in the public interest to: (1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to (2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to PUC Section 21669 and to (3) prevent the creation of new noise and safety problems. A. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan for John Wayne Airport ("JWA AELUP") on April 17, 2008. The JWA AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports ("Heliports AELUP") on June 19, 2008. City Council 41 — 313 Resolution W..2z1di1QRAX Page 5 of 11 C. The ALUC is required to use the California Airport Land Use Planning Handbook ("Handbook") that was updated by the California Department of Transportation, Division of Aeronautics ("Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP and Heliports AELUP. E. The ALUC staff report dated October 15, 2020 ("Staff Report") recommends that the ALUC find the Project inconsistent with the JWA AELUP per Sections 1.2, 2.4.1, and 3.2.1 of the JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise and safety issues" relative to the allowed placement of residential units "within the flight corridor" in the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower Avenue). F. The ALUC Staff Report recommends that the ALUC find the Project consistent with the Heliports AELUP, with the condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding the Project inconsistent with the JWA AELUP for the stated reasons set forth in the Staff Report, and further finding the Project consistent with the Heliports AELUP on the condition set forth in the Staff Report. H. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21670, 21676) and the ALUC process (JWA AELUP § 4.11) allowing for overrule of an ALUC finding of inconsistency. I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two- thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act, as stated in PUC Section 21670. J. The City finds that the Project is consistent with the JWA AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. General Plan Update. The Project encompasses the entire City of Santa Ana. The General Plan Update set forth in the Project will change zoning and land use within five (5) geographic Focus Areas within the City. The comments in ALUC's Staff Report and ALUC's determination of inconsistency refer only to changes in land use within these five (5) Focus Areas. 1. The vast majority of the Project falls outside of the JWA AELUP planning area, which is defined in Section 1.7 of the JWA AELUP as "the furthest extent of the 60 CNEL City Council 41 — 314 Resolution W..22VAPRAX Page 6 of 11 Contour, the FAR Part 77 Notification Surface and the runway safety zones associated with the airport." 2. Both the Grand Ave/171" Street Focus Area and the West Santa Ana Boulevard Focus Area fall completely outside of the JWA AELUP planning area. 3. The 55 Freeway/Dyer Road Focus Area and South Bristol Focus Area are both located entirely within the JWA AELUP planning area. 4. The South Main Focus Area is located partially within the JWA AELUP planning area. B. Justification for Finding Project Consistent with the Purposes of PUC Section 21670. 1. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the JWA AELUP and the requirements of PUC Section 21670. a. The majority of the Project falls outside of the 60 dBA CNEL aircraft noise contour (Exhibit 2). (1) Per the JWA AELUP, all land uses are normally consistent within the 60 dBA CNEL aircraft noise contour using conventional construction methods. No special noise reduction methods are required. See JWA AELUP at 23, Table 1. b. The vast majority of the Project is located outside of the JWA 65 dBA CNEL aircraft noise contour. (1) Per the JWA AELUP, commercial (e.g. retail and office), community facilities (e.g. churches, libraries, schools, preschools, day-care centers, hospitals, nursing/convalescent homes, & other noise sensitive uses), and industrial uses are all normally consistent within the 65 dBA CNEL aircraft noise contour. See JWA AELUP at 23, Table 1. (2) Per the JWA AELUP, single and multifamily residential uses are conditionally consistent within the 65 dBA CNEL aircraft noise contour. c. Of the five (5) Focus Areas that will include a change in zoning and land use designation under the Project, only the 55 Freeway/Dyer Road Focus Area lies partially within the 65 dBA CNEL aircraft noise contour. d. The General Plan Update states, as Policy N-1.3, that it shall be City policy to "[c]ollaborate with local and regional transit agencies and other jurisdictions to minimize regional traffic noise and other sources of noise in the City." e. Consistent with the JWA AELUP, the General Plan Update states, as Policy N- 3.3, that it shall be City policy to "[r]equire all residential land uses in 60 dB(A) CNEL or 65 dB(A) CNEL Noise Contours to be sufficiently mitigated so as not to exceed an interior standard of 45 Db(A) CNEL." f. Based on the foregoing, the Project will not result in the exposure of City residents to excess noise within the meaning of PUC Section 21670. City Council 41 — 315 Resolution W..22VAQRAX Page 7 of 11 2. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the JWA AELUP. a. Section 2.1.2 of the JWA AELUP describes the airport's safety compatibility zones. (1) Per Section 2.1.2 of the JWA AELUP, "Safety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs." (2) The purpose of these zones, per the JWA AELUP, is to "support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." b. The JWA AELUP identifies the following Safety Zones: (1) Zone 1: Runway Protection Zone (2) Zone 2: Inner Approach/Departure (3) Zone 3: Inner Turning Zone (4) Zone 4: Outer Approach/Departure Zone (5) Zone 5: Sideline Zone (6) Zone 6: Traffic Pattern Zone c. The Project is not in the JWA runway protection zones (RPZ). d. None of the Project Focus Areas are in any of the JWA AELUP safety zones. JWA AELUP Safety Zone 6 overlays a small portion of the City south of MacArthur Boulevard, however the Project does not propose any change in land use or zoning in this area. e. The ALUC Staff Report states that "The proposed changes in Land Use in the 55/Dyer Focus Area would result in 9,952 total residential units within the flight corridor for John Wayne Airport subjecting future residents to noise and safety issues." (1) As noted above and in Section 2.1.2 and Appendix D of the JWA AELUP, the "flight corridor for John Wayne Airport" is not an identified Safety Zone for JWA. Nor is a "flight corridor" a defined, restrictive term in the JWA AELUP, the PUC, or the Federal Aviation Regulations. f. No part of the Project will be inconsistent with the policies set forth in Section 2.1.2 of the JWA AELUP regarding Safety Compatibility Zones. Furthermore, the ALUC did not find, and cannot find, that the Project is inconsistent with Section 2.1.2 of the JWA AELUP. g. Based on the foregoing, the Project will not result in the exposure of City residents to excessive safety hazards within the meaning of PUC Section 21670. City Council 41 — 316 Resolution W..22VAPRAX Page 8 of 11 3. Height. The residential and commercial land uses under the proposed project are consistent with the height standards of the JWA AELUP, which are stated in the Federal Aviation Regulations, 14 C.F.R. Part 77, relating to Safe, Efficient Use and Protection of the Navigable Airspace. a. The General Plan Update states, as Policy S-4.1 Structures above 200 feet, "[p]roposed projects that would exceed a height of 200 feet above existing grade shall be required to file a Form 7460-1 with the Federal Aviation Administration ("FAA"). b. In response to Recommendation 1.b. from the ALUC Staff Report, the General Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part 77, "[d]o not approve buildings and structures that would penetrate Federal Aviation Regulation ("FAR") Part 77 Imaginary Obstruction Surfaces, unless, consistent with PUC Section 21240, such building or structure is determined by the FAA to pose "no hazard" to air navigation." Additionally, under this Policy, applicants proposing buildings or structures that penetrate the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC. Referral to FAA for study under its Form 7460-1 process is appropriate because: (1) "The United States Government has exclusive sovereignty of airspace of the United States" (49 U.S.C. § 40103(a)(1)). (2) In order to use this airspace, the FAA Administrator is responsible for: (i) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1)); and (ii) "[R]egulations on the flight of aircraft (including regulations on safe altitudes) for (A) navigating, protecting and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects" (49 U.S.C. § 40103(b)(2)). (3) The FAA's aeronautical studies under FAR Part 77 are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law. (PUC § sb21240). c. The maximum allowable building heights in the zoning and land use designations proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10 stories, or about 60 and 100 feet above ground level ("AGL"). These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three-dimensional 50:1 Departure Surface, the sloping, three-dimensional 20:1 conical surface, and the 206' above mean sea level ("AMSL") horizontal surface. d. The maximum allowable building heights in the zoning and land use designations proposed in the South Bristol Street Focus Area range between 10 and 25 City Council 41 — 317 Resolution W..22MAPRAX Page 9 of 11 stories, or about 100 to 250 feet AGL. Proponents of future structures exceeding 200 feet AGL and/or structures penetrating the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City. Per Policy S-4.2, the applicant would be required to obtain an FAA determination of no obstruction or no hazard to air navigation before seeking City approval. e. The maximum allowable building heights in the zoning and land use designations proposed in the South Main Street Focus Area range between 2 and 3 stories, or about 20 to 30 feet AGL. These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three-dimensional 20:1 conical surface, and the 206' AMSL horizontal surface. f. The Project's requirement that future construction and development comply with the FAA's 7460-1 process ensures that building heights within the Project area will not pose a hazard to air navigation. This is consistent with and furthers the purposes of PUC Section 21670 by minimizing the public's exposure to safety hazards. g. The Project is an approval only as to land use designation and zoning. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 C.F.R. Part 77, and no part of the Project involves the proposed construction or alteration of any structure. Accordingly, no aeronautical study is required as part of the Project. See 49 U.S.C. § 44718; 14 C.F.R. Part 77; FAA Order JO 7400.2M. h. The Project does not create a safety hazard pursuant to PUC Section 21670. 4. Heliports. Heliports are not permitted in any residential (R1, R2, R3, or R4) District pursuant to Santa Ana Municipal Code section 41-621. Outside of residential Districts, heliports are only allowed with a conditional use permit ("CUP"). a. The General Plan Update states, as Policy S-4.4 Heliport/helistop approval and requirements, "Approve the development of a heliport or helistop only if it complies with the ALUP for heliports." Policy S-4.4 further makes it City policy to "[e]nsure that each applicant seeking a conditional use permit or similar approval for the construction or operation of a heliport or helistop complies fully with the state permit recommended by the FAA, by Orange County ALUC, and by Caltrans/Division of Aeronautics. This requirement shall be in addition to all other City development requirements." b. As described in Draft PEIR Section 5.8, any applicant proposing a heliport "shall undergo review by the ALUC, obtain an Airspace Analysis from the FAA as specified in Section 2.1.5 of the JWA AELUP, and confirm consistency with the JWA AELUP prior to construction, as specified in Section 4.7 of the JWA AELUP." c. The Project and existing provisions within the Santa Ana Municipal Code restrict the establishment of heliports within the City. Heliports are only allowed in non- residential districts, and only once the applicant obtains a CUP following FAA City Council 41 — 318 Resolution Vd..:22MAPRAX Page 10 of 11 Airspace analysis and other review procedures. These restrictions minimize the public's exposure to excessive noise and safety hazards, in furtherance of the purposes of PUC Section 21670. d. ALUC has determined that the Project is consistent with the Heliports AELUP on condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. City Council 41 — 319 Resolution Vd.:22MAORAX Page 11 of 11 Planning and Building Agency www.santa-ana.org/pb Item # 42 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Urgency Ordinance to allow Urban Lot Splits and Two -Units Residential Developments to implement Senate Bill 9 AGENDA TITLE: Adoption of an Urgency Ordinance Adding Division 2 and 3 to Article XX of Chapter 41 of the Santa Ana Municipal Code Establishing Interim Regulations to Regulate Urban Lot Splits and Two -Unit Projects Under Senate Bill 9 RECOMMENDED ACTION Adopt the Urgency Ordinance by 2/3 vote to add Division 2 and 3 to Article XX of Chapter 41 of the Santa Ana Municipal Code establishing interim regulations to regulate urban lot splits and two -unit projects under Senate Bill 9. EXECUTIVE SUMMARY Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and becomes effective January 1, 2022 (Exhibit 2 — Senate Bill 9). This bill mandates local jurisdictions to ministerially review and approve a proposed urban lot split or housing development containing no more than two residential units within a single-family residential zoned lot. Such a proposal cannot be subjected to a discretionary review or hearing process when certain objective development, design, and subdivision standards are met. Local agencies are allowed to apply adopted local zoning, subdivision and design review standards as long as those standards are clear, objective, and do not physically preclude construction of two residential units of at least 800 square feet on each lot. The proposed urgency ordinance will immediately establish interim regulations under Article XX of Chapter 41 of the Santa Ana Municipal Code to implement the requirements of SB 9 citywide. More importantly, the urgency ordinance will provide the City with the opportunity to take the time to comprehensively evaluate the regulatory effects of the Bill, make the necessary refinements, and propose regulations reflecting the unique geographical characteristics and historical resources of Santa Ana. If local ordinance amendments are not adopted and effective prior to January 1, 2022, proposals for urban lot splits and two - unit residential developments would be subject to only the minimum standards included in SB 9 pertaining to objective standards as indicated in the table below. City Council 42 — 1 12/21/2021 Urgency Ordinance ZOA 2021-05 December 21, 2021 Page 2 Proposed Objective Standards for Urban Lot Splits Topic Proposed SAMC State Law Application Process . Ministerial review of parcel map (no discretionary review allowed). • Applications for a parcel map must be submitted Ministerial review of parcel concurrently with a map building permit for two - unit residential. • Development of the resulting parcels is limited to the development approved on the concurrent building permit. • Requires that at least one unit be made affordable per Urban Lot Split Owner -Occupancy • Owner must sign an A local agency shall Standards affidavit stating intent to require an applicant to occupy one of the sign an affidavit stating housing units as their the applicant intends to principal residence of 3 occupy one of the years from the date of housing units as their the recording of the principal residence for a parcel map. minimum of 3 years from the date of the approval of the urban of the urban lot split Easements The parcel map shall show A local agency may require the following easements: any of the following • Public utilities to serve conditions: each lot • Easements required for • Either vehicular or the provision of public pedestrian access to the services and facilities street abutting the • A requirement that the original parcel parcels have access to, City Council 42 — 2 12/21/2021 Urgency Ordinance ZOA 2021-05 December 21, 2021 Page 3 Topic Proposed SAMC State Law • Drainage easements provide access to, or • If automobile parking is adjoin the public right -of - required or proposed, way vehicular access is required: Vehicular access serving Off-street parking of up two -units is required to to one space per unit, have minimum width of 10 except in certain feet and minimum of 20 feet instances. No standard in length for driveway access. Objective subdivision standards allowed Zoning Standards All of the objective zoning A local agency may impose standards including objective zoning standards, maximum unit size, objective design review setbacks, height, building standards, except: no separation, and parking for standards shall apply either a two -unit residential that would have the effect development (Article XX of of physically precluding the Chapter 41) would apply to construction of two -units on any development created parcels or that would result as part of an urban lot split in a unit size of less than 800 square feet. Architectural Review Objective architectural design criteria (Article XX of Chapter 41) applied by the Objective design review Executive Director of standards allowed Planning and Building during concurrent building permit review of two -unit residential development DISCUSSION SB 9 adds sections 65852.21 and 66411.7 to the California Government Code Section 66452.6. The Bill has been adopted by the State as a way to minimize the restrictions and limitations of traditional single-family zoning by permitting, by -right, single-family zoned lots to be split into separate parcels, and for up to two -units to be constructed on the existing and on the newly -created parcel. City Council 42 — 3 12/21/2021 Urgency Ordinance ZOA 2021-05 December 21, 2021 Page 4 SB 9 specifies several parameters around development of resultant units and lots. Although it generally restricts review, it does allow objective design, development, and subdivision standards to be applied by local jurisdictions, to the extent, they would not preclude SB 9 units, and/or lot splits as prescribed by the law. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g., a height limit). The new laws would also limit some of the typical requirements imposed with new subdivisions, such as dedications of right-of-way or installation of off -site improvements; restrict the amount of parking that can be required; and only allow easements required for public services and facilities and that the parcels have or can provide access to, or adjoin the public right-of-way. Pursuant to Charter Section 415 of the Santa Ana Municipal Code, the City Council is authorized to adopt an (urgency) ordinance, to implement zoning regulations on land use and development approvals without adoption procedures required for other ordinance with findings that support immediate threat to public health, safety, or welfare. Such an action requires 2/3 vote of the council for initial approval and subsequent extension. In summary, the proposed urgency ordinance is written to allow the City to exercise as much local control over SB 9 projects as State law allows. Among other things, the ordinance includes regulations governing the following: • Location (SFR zone; not in sensitive, dangerous, historic areas; not on rental property within last 3 years) • Lot Size (2,400 sf min to split; 1,200 sf min for resulting) • Lot Access (adjoin ROW) • Unit Size (800 sf max/du) • Lot Coverage and Open Space (50 percent max and min, respectively) • Unit Height (16 feet max, unless lot is smaller than 2,000 sf) • Setbacks (normal, except as necessary to allow two -units at 800 sf each; but no less than 4 feet side and rear) • Use (residential -only, no short-term rental) • Parking (one space, unless exempt by statute) • Owner occupancy (three-year minimum on urban splits; permanent on two -unit projects) • Architecture (must match other dwelling or dwellings on property; no direct lines of sight) • Landscaping (limits on tree removal; required screening) • Utilities (direct connections to service providers; all underground) • Separate Conveyance Within a Lot (prohibited; no condos, no timeshares or separate -use co -ownerships) • Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to SB 9 projects) • At least one will be required to be deed restricted for affordable housing at either very low, low or moderate income levels City Council 42 — 4 12/21/2021 Urgency Ordinance ZOA 2021-05 December 21, 2021 Page 5 Given the limited guidance on design and development standards in SB 9, staff believes it is prudent to adopt local regulations, to ensure these new units and accessory dwelling units fit into existing single-family neighborhoods, within the strict parameters defined by State law. If the Council does not adopt the urgency ordinance, then the City would be limited to applying the code's existing objective development standards — which did not anticipate and were not enacted with ministerially -approved lot splits and two -unit projects. Approving such projects based solely on the code's existing standards would, among other things, pose an immediate threat the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety. The proposed amendments to Article XX of Chapter 41 of the municipal code endeavor to strike a balance between meeting the mandates of SB 9 while protecting the fabric of existing neighborhoods and protecting historic resources in the City. The amendments also limit unit sizes and ensure minimum access for fire safety and vehicle ingress/egress and aim to minimize impacts to existing neighborhoods. For these reasons, staff is recommending adoption of an urgency ordinance, with findings regarding the immediate preservation of public peace, health, and safety in accordance with Government Code section 36937(b). Adoption of the urgency ordinance will require an affirmative 2/3 vote of the City Council. Upon adoption, the urgency ordinance takes effect immediately. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. The adoption of an ordinance implementing the provisions of Section 65852.21 of the Government Code is exempt from CEQA pursuant to California Public Resources Code Section 21080.17. FISCAL IMPACT There is no fiscal impact associated with approval of this action. EXHIBIT(S) 1. Urgency Ordinance adopting Zoning Ordinance Amendment No. 2021-05 2. Senate Bill 9 Submitted By: Minh Thai, Executive Director Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 42 — 5 12/21/2021 ORDINANCE NO. NS-XXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XX OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO -UNIT PROJECTS IN COMPLIANCE WITH HOUSING LAW ENACTED UNDER SENATE BILL 9 WHEREAS, the State Legislature found and declared that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair and in 2021, proposed legislation that is applicable to all cities, including charter cities, imposing new limits on local authority to regulate urban lot splits and two -unit projects ("SB 9 Law"); and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law a number of bills that, among other things, added Government Code sections 65852.21 and 66411.7; and WHEREAS, Senate Bill 9 was signed into law on September 16, 2021 and takes effect January 1, 2022, and supersedes any conflicting city ordinance, rendering it null and void; and WHEREAS, the City of Santa Ana desires to amend its local development and subdivision standards to regulate urban lot splits and two -unit projects to comply with the provisions of Government Code sections 65852.21 and 66411.7 and to meet the intent and objective of the State Legislature to ensure access to affordable housing; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because the City currently lacks adequate local objective standards to regulate projects governed by SB 9, meaning that if the City does not immediately adopt appropriate objective standards for urban lot splits and two -unit projects that are consistent with SB9, then as of January 1, 2022, the City's review of such projects would be limited to application of the objective standards that currently exist in the City of Santa Ana Municipal Code, which did not anticipate ministerial urban lot splits and two -unit projects, and thus the Code lacks the objective standards necessary to protect and preserve the local community; and WHEREAS, the approval of urban lot splits and two -unit projects based solely on the default statutory standards, without local regulations governing lot size, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens City Council 42 — 6 12/21/2021 of32 of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Under California Government Code sections 65852.210), and 66411.7(n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21, which is California's SIB 9 Law and which regulates urban lot splits and two -unit projects, is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State's SIB 9 Law. Section 3. Article XX (Small Lot Subdivisions) of Chapter 41 (Zoning) is hereby amended to read as follows: ARTICLE XX. - SMALL LOT SUBDIVISIONS, URBAN LOT SPLITS, AND TWO -UNIT PROJECTS DIVISION 1. - SMALL LOT SUBDIVISIONS Sec. 41-2100. - Purpose. The purpose of this article is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional single-family subdivision, increasing options for fee -simple home ownership opportunities. (Ord. No. NS-2937, § 3, 1-16-18) Sec. 41-2101. - Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article: (a) "Development site" shall mean the total land area of a small lot subdivision project after all required dedications for public improvements. (b) "Drive Aisle" shall mean the paved area which has been designated as a vehicle passageway to provide access to a small lot. n,-,4; --- L n Xxx City Council 42 — 7 12/21 /2021 of 32 (c) "Driveway" shall mean the paved area which has been designated to provide access to a dwelling or live -work unit's required parking, starting at a public street or alley, or at the ultimate right-of-way of a common access drive aisle that serves the lot, leading to a garage or uncovered parking space. (d) "Interior lot line" shall mean all lot lines created within the development site for the purpose of subdividing and creating small lots. (e) "Small lot" shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence or live -work unit. (f) "Small lot subdivision" shall mean a residential development containing detached single-family residences or live -work units on land that is subdivided into fee simple parcels containing each unit. (Ord. No. NS-2937, § 3, 1-16-18) Sec. 41-2102. - Applicability. The subdivision of small lots is permitted subject to compliance with the following standards: (a) Eligibility. Small lot subdivisions are permitted in the following districts: (1) In any sub -zone within Specific Development No. 84 (Transit Zoning Code), Specific Plan No. 2 (Harbor Mixed Use Transit Corridor Specific Plan), and Metro East Mixed Use Overlay Zone (OZ-1) where single-family and live -work uses are allowed. (2) Small lot subdivisions may be permitted through the establishment of a specific development district that is established in accordance with the provisions of Division 26 of Article III of this code. (b) Small Lot Frontage and Access. (1) Each individual small lot containing a dwelling or live -work unit shall have frontage on a public street or alley, or be provided with direct access to a public street or alley by an easement for access through the recorded subdivision map. (2) Small lots are exempt from frontage requirements set forth in Section 34-56 of this Code. n a ni nic xxx City Council 42 — 8 12/21/2021 of 32 (3) Areas within the small lot subdivision identified as points of shared access, walkways, drive aisles shall not be restricted by the construction of fences or walls, or other such barriers. (c) Minimum Lot Size. (1) Each small lot containing a dwelling unit shall have at minimum one thousand (1,000) square feet of lot area. (2) The calculation for minimum lot size shall not include any portion of the small lot that is designated or used as shared space. (d) Lot Coverage. No more than seventy (70) percent of the small lot shall be covered by structures. (e) Required Yards. (1) The front, side, and rear yard building setback requirements of the underlying zone, specific plan, or overlay shall apply to the required yards of the development site. (2) No minimum separation between buildings shall be required along interior lot lines created within an approved subdivision. (3) Buildings on small lots that are placed in such a manner that they abut common open space or the private open space of an adjacent lot shall be set back a minimum of five (5) feet and provide an appropriate stepback to preserve privacy and reduce the massing of multi -story buildings. (f) Open Space. (1) Individual small lots shall provide, at minimum, three hundred (300) square feet of private open space per dwelling unit as follows: a. Private open space shall have a minimum dimension of fifteen (15) feet in each direction. b. Private open space may be provided on the rooftop of dwelling units provided building massing and architectural features serve to screen the open space from neighboring properties that are not part of a small lot subdivision development site and that are used or zoned for single-family residential. (2) In addition to the private open space requirement of subsection (1), small lot subdivisions of ten (10) or more lots shall provide accessible n"4; -- ni n Xxx City Council 42 — 9 12/21/2024 of 32 common open space in the amount not less than five (5) percent of the total development size, but shall in no case be less than one hundred (100) square feet per unit. (g) Landscaping. All required yards and areas not designated for walkways, parking, drive aisles, or private open space, shall be landscaped and irrigated in accordance with an approved landscape plan. (h) Driveway Length. (1) A driveway that leads directly to a garage shall have a minimum length of twenty (20) feet if parking will be located in front of the garage. (2) No driveway shall be more than three (3) feet in length if parking is not provided in front of the garage. (i) Service Standards. Developments providing individual trash containers shall provide an area that is screened outside of required setbacks and yards for container storage. Individual trash containers located in a garage shall not encroach into the required parking area. 0) Maintenance Agreement. (1) All areas of a small lot subdivision with five (5) or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. (2) Small lot subdivisions with four (4) or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association. (3) A Maintenance Agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The Maintenance Agreement shall be recorded as a Covenant and Agreement to run with the land. The subdivider shall submit a copy of this Agreement, once recorded, to the Planning Division for placement in the tract file. n,-,4; --- L n Xxx City Council 42 — 10 12/21 /2021 of 32 (k) Construction. Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls or footings. (1) Paving. No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of decorative concrete, pavers, or other materials as deemed appropriate by the Planning Manager. (m) Mechanical Equipment. Roof mounted equipment is prohibited unless completely screened from public rights -of -way and adjacent properties. (Ord. No. NS-2937, § 3, 1-16-18) Sec. 41-2103. - Modification of standards. Development standards applied to small lot subdivisions pursuant to section 41- 2102 may be modified by an application for a minor exception, which shall be heard by the zoning administrator pursuant to Article V of this chapter, in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. The decision of the zoning administrator on such applications may be appealed to the Planning Commission pursuant to Article V of this chapter. (Ord. No. NS-2937, § 3, 1-16-18) Sec. 41-2104. - Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of the development of small lots. Small lots must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances, and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of this Code, the provisions of this article shall prevail. (Ord. No. NS-2937, § 3, 1-16-18) Section 4. Division 2 is hereby added to Article XX of Chapter 41 (Zoning) of the Santa Ana Municipal Code to read as follows: DIVISION 2. — SB 9 URBAN LOT SPLITS Sec. 41-2105. - Purpose. The purpose of this division is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7 and to meet the intent and obiective of the State Legislature to ensure access to affordable housina opportunities as declared by the State Legislature under SIB 9 Law. Sec. 41-2106. - Definitions. n-4; -- ni n Xxx City Council 42 — 11 12/21/2021 of 32 al "Individual Droaerty owner(s)" means a natural Derson holdina fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code $ 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by 214.15). "Urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this division. Sec. 41-2107. - Application. (a) Owners. Only individual property owners may apply for an urban lot split. An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (c) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application. Sec. 41-2108. - Approval. al An apDlication for a Darcel maD for an urban lot sDlit is aaaroved or denied ministerially, by the Executive Director of Planning and Building or their desianee, without discretionary review. (b) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the reauirements of this section. The tentative Darcel maD may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval. (c) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (d) The approval must require the owner and applicant to reimburse the city for all costs of enforcement. includina attornevs' fees and costs associated with enforcing the requirements of this code. Sec. 41-2109. - Requirements. An urban lot split must satisfy each of the following requirements: n-4;.,--- �Xxx City Council 42 — 12 12/21 /2021 of 32 (a) Map Act Compliance. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this code, except as otherwise expressly provided in this division. (2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement: (A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damaaes or to void the deed, sale, or contract. (B) The city has all the remedies available to it under the SMA, including but not limited to the following: An action to enioin anv attemot to sell. lease. or finance the property. (ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one ,year, by a fine of up to $10,000, or both; or a misdemeanor. (iv) Record a notice of violation. (v) Withhold any or all future permits and approvals. (3) Notwithstanding section 66411.1 of the SMA, no dedication of rights - of -way or construction of offsite improvements is required for an urban lot split. Zone. The lot to be split is in a zonina district that allows sinale-fami residences. (c) Lot Location. The lot to be split is not located on a site that is any of the following: (A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (B) A wetland. n"4;---- �Xxx City Council 42 — 13 12/21/2024 of 32 C) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existina buildina standards. (D) A hazardous waste site that has not been cleared for residential use. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (F) Within a 100-year flood hazard area, unless the site has either - Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local iurisdiction; or (ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (G) Within a regulatory floodway, unless all development on the site has received a no -rise certification. (H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (1) Habitat for protected species. J) Land under conservation easement. 2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied. (d) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district. (e) No Prior Urban Lot Split. 1) The lot to be sDlit was not established throuah a Drior urban lot split. n,-,4; --- L n Xxx City Council 42 — 14 12/21 /2021 of 32 The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. (f) No Impact on Protected Housing_ (1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income -restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at anv time in the 15 vears prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied. The sworn statement must state the followin No housing that is income -restricted for households of moderate, low, or very low income will be demolished or altered. (ii) No housing that is subject to any form of rent or price control will be demolished or altered. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. (iv) No housing that has been occupied by a tenant in the last three vears will be demolished or altered. (B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and n a ni MC xxx City Council 42 — 15 12/21 r2021 of 32 owner as necessary to determine compliance with this requirement. (g) Lot Size. 1) The lot to be split must be at least 2.400 sauare feet. 2) The resultina lots must each be at least 1.200 sauare feet. 3) Each of the resulting lots must be between 40 percent and 60 percent of the original lot area. Easements. 1) The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resultina lots. (2) Each easement must be shown on the tentative parcel map. (3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b). (4) If an easement is recorded and the protect is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (i) Lot Access. (1) Each resulting lot must adjoin a public street right of way that meets the established standards for is designated street classification as saecified in the Mobilitv Element of the General Plan. 2) Each resulting lot must have frontage on the public street right of wa of at least 12.5 feet. (3) Vehicle access easement serving a maximum of two units shall be a minimum of 12 feet in width and shall have a minimum length of 20 feet. Unit Standards. 1) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited n-4;.,--- �Xxx City Council 42 — 16 12/21 W21 of 32 to. a arimary dwellina unit. a unit created under this article. an ADU or a JADU. (2) Unit Size. (A) The total floor area of each primary dwelling that is developed on a resulting lot must be: (i) Less than or equal to 800; and (ii) More than 500 square feet. (B) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. (C) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. (3) Height Restrictions. (A) On a resulting lot that is smaller than 2,000 square feet, no new Drimary dwellina unit may exceed two stories or 22 feet in height, measured from finished grad o peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (B) No rooftop deck is permitted on any new or remodeled dwellina or structure on a lot resultina from an urban lot split. 4) Lot Coveraae. The maximum buildina coveraae of net lot area shall be 35 percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in Perpetuity, a 50 percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two orimary dwellina units on the lot at 800 sauare feet each. 5) ODen Sgace. Private oxen space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. n,-,4; --- L n Xxx City Council 42 — 17 12/21 W21 of 32 6) Setbacks. A) Generallv. All setbacks must conform to those obiective setbacks that are imposed through the underlying zone. (B) Exceptions. Notwithstanding subsection J(6)(A) above: Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (i i) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. (C) Front Setback Area. Notwithstanding any other part of this code. dwellinas that are constructed after an urban lot sDlit must be at least 25 feet from the front property lines. The front setback areas must: (i) Be kept free from all structures greater than three feet high; (i i) Be at least 50 percent landscaped with drought - tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and (iii) Allow for vehicular and fire -safety access to the front structure. (7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot sDlit must have at least one off-street Darkina saace Der unit unless one of the following applies: (A) The lot is located within one-half mile walking distance of either: (i) A corridor with fixed route bus service with service intervals no lonaer than 15 minutes durina Deak commute hours; or A site that contains: n"4;---- L n Xxx City Council 42 — 18 12/21 W21 of 32 ia) An existina rail or bus raaid transit station: or ib) 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 Deak commute Deriods. The site is located within one block of a car -share vehicle location. A car -share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. (8) Architecture. (A) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwellina unit must match the existing Drimary dwellina unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion nf the rnnf. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof Ditch. The dominant roof slope is the slope shared by the largest portion of the roof. (C) All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this arti(-Ie. D) If a dwellina is constructed on a lot after an urban lot split and any portion of the dwelling is less than 3 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (9) Landscaping. A) The Droiect shall be desianed meetina all the landscaaina standards of the Santa Ana Municipal Code set forth in section 41-240. n-4;.,--- �Xxx City Council 42 — 19 12/21 W21 of 32 (B) Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: (i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative. a solid fence of at least six feet in height may be installed. (iii) All landscaping must be drought -tolerant. (iv) All landscaping must be from the city's approved plant list. (10) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. 11) Utilities. Each arimary dwellina unit on the lot must have its own direct utility connection to the utility service provider. (B) Notwithstanding subsection 0(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 Vears. (C) All utilities must be underground. (12) Building & Safety. All structures built on the lot must comply with all current local buildina standards. An urban lot split is a chanae of use. (k) Separate Conveyance. (1) Within a resulting lot. (A) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. n a ni MC xxx City Council 42 — 20 12/21 r2@21 of 32 Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot Split— (C) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. No timeshare, as defined by state law or this code, is permitted. This includes any co -ownership arrangement that gives an owner the right to exclusive use of the property for a defined aeriod or aeriods of time. 2) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate riahts and responsibility between the owners of the two lots. (1) Regulation of Uses. (1) Residential -only. No non-residential use is permitted on any lot created by urban lot split. 2) No short-term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. 3) Owner OCCUaancv. The applicant for an urban lot split must sian an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. m) Notice of Construction. 1) At least 30 business days before startina anv construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adiacent residential parcels. which notice must include the followina information: A) Notice that construction has been authorized: The anticiaated start and end dates for construction: n,-,4; --- L n Xxx City Council 42 — 21 12/21 W21 of 32 C) The hours of construction: Contact information for the project manager (for construction - related complaints); and (E) Contact information for the Building & Safety Department. 2) This notice reauirement does not confer a riaht on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. n) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following: (1) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. (2) Expressly prohibits any non-residential use of the lots created by the urban lot sDlit. (3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (4) Expressly requires that at least one new unit created be deed restricted for affordable housina at either very low. low or moderate income levels. 5) States that: The lot is formed by an urban lot split and is therefore subject to the city's urban lot -split regulations, including all applicable limits on dwellina size and development. (B) Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article. exceat as reauired by State law. Sec. 41-2110. - Specific Adverse Impacts. (a) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written findina. based on a preponderance of the evidence, that the Droiect would have a "specific, adverse impact" on either public health and safety or on n,-,4; --- L n Xxx City Council 42 — 22 12/21 W21 of 32 the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (b) "Specific adverse impact" has the same meaning as in Gov. Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on obiective. identified written Dublic health or safetv standards. policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). (c) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. Section 5. Division 3 is hereby added to Article XX of Chapter 41 (Zoning) the Santa Ana Municiaal Code to read as follows: DIVISION 3. - TWO -UNIT PROJECTS Sec. 41-2111. - Purpose. The purpose of this division is to allow and appropriately regulate two -unit protects in accordance with Government Code section 65852.21 and to meet the intent and obiective of the State Leaislature to ensure access to affordable housina oaaortunities as declared by the State Legislature under S139 Law. Sec. 41-2112. - Definition. a) "Individual DroDerty owner(s)" means a natural Derson holdina fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code & 214.15). (b) A "two -unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the reauirements of this division. Sec. 41-2113. - Application. (a) Owners. Only individual property owners may apply for a two -unit protect. (b) An application for a two -unit project must be submitted on the city's approved form. n"4;.,--- �Xxx City Council 42 — 23 12/21 M21 of 32 (c) The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application. (d) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (e) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application. Sec. 41-2114. - Approval. (a) An application for a two -unit project is approved or denied ministerially, by the Executive Director of Planning and Building or their designee, without discretionary review. (b) The ministerial approval of a two -unit project does not take effect until the citv has confirmed that the reauired documents have been recorded. such as the deed restriction and easements. (c) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (d) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcina the reauirements of this code. Sec, 41-2115. Requirements. A two -unit project must satisfy each of the following requirements: (a) Map Act Compliance. The lot must have been legally subdivided. Zone. The lot is in a sinale-familv residential zone. (c) Lot Location. (1) The lot is not located on a site that is any of the following: (A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. n,-,4; --- L n Xxx City Council 42 — 24 12/21 W21 of 32 (B) A wetland. C) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existina buildina standards. (D) A hazardous waste site that has not been cleared for residential use. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (F) Within a 100-year flood hazard area, unless the site has either: (i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local iurisdiction: or (ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (G) Within a regulatory floodway, unless all development on the site has received a no -rise certification. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (1) Habitat for protected species. J) Land under conservation easement. 2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a (6)) (B)—(K) are satisfied. d) Not Historic. The lot must not be a historic Droaerty or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one or more of the following: n-4;.,--- �Xxx City Council 42 — 25 12/21 W21 of 32 (1) It is associated with events that have made a significant contribution in our past. (2) It is associated with the lives of persons significant in our past. (3) It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction. (4) It yields, or may be likely to yield, information important in prehistory or history. (5) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood. (e) No Impact on Protected Housing. 1) The two -unit project must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income -restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (2) As part of the two -unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (e)(1) above is satisfied. The sworn statement must state the followin No housing that is income -restricted for households of moderate, low, or very low income will be demolished or altered. n,-,4; --- L n Xxx City Council 42 — 26 12/21 W21 of 32 No housing that is subject to any form of rent or price control will be demolished or altered. iii) No housina that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. (iv) No housing that has been occupied by a tenant in the last three vears will be demolished or altered. (B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (f) Unit Standards. (1) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to. a primary dwellina unit. a unit created under this article, an ADU, or a JADU. (B) A lot that is not created by an urban lot split may have a two - unit project under this section, plus any ADU or JADU that must be allowed under state law and the citv's ADU ordinance. 2) Unit Size. (A) The total floor area of each primary dwelling built that is developed under this section must be: Less than or eaual to 800: and (ii) More than 500 square feet. (B) A primary dwelling that was legally established on the lot prior to the two -unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two -unit project. The unit may not be expanded. n a ni nic xxx City Council 42 — 27 12/21 r2@21 of 32 (C) A primary dwelling that was legally established prior to the two -unit project and that is smaller than 800 square feet may be expanded to 800 sauare feet after or as Dart of the two -unit rp oiect. Heiaht Restrictions. (A) On a lot that is smaller than 2,000 square feet, no new primary dwellina unit may exceed two stories or 22 feet in heiaht. measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (B) No rooftop deck is permitted on any new or remodeled dwellina or structure on a lot with a two -unit Droiect. Demo Cap. The two -unit protect may not involve the demolition of more than 25 Dercent of the existina exterior walls of an existina dwelling unless the site has not been occupied by a tenant in the last three years. 5) Lot Coveraae. The maximum buildina coveraae of net lot area shall be 35 percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a 50 percent lot coverage is allowed. This lot coverage standard is onlv enforced to the extent that it does not Drevent two primary dwelling units on the lot at 800 square feet each. 6) ODen Space. Private oxen space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not Drevent two Drimary dwellina units on the lot at 800 sauare feet each. Setbacks. (A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (B) Exceptions. Notwithstanding subsection (f)(7)(A) above: (i) Existing Structures. No setback is required for an existina leaallv established structure or for a new n"4;---- L n Xxx City Council 42 — 28 12/21 W21 of 32 structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (ii) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. (C) Front Setback Area. Notwithstanding any other part of this code. dwellinas that are constructed under this section must be at least 20 feet from the front property lines. The front setback area must: (i) Be kept free from all structures greater than three feet high; (ii) Be at least 50 percent landscaped with drought - tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and Allow for vehicular and fire -safety access to the front structure. (D) Interior Side Yard and Rear Yard Setbacks. Dwelling units must provide a minimum of four -foot interior side yard and rear yard setbacks for the property line. (E) Corner Lot Setbacks for side yards abutting a street. Dwellinas that are constructed aursuant to Divisions 2 and 3 of this article must provide setbacks at least 10 feet from the side yard abutting the street. (F) Existing Structures. No setback is required for an existing leaallv established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (8) Parking. Each new primary dwelling unit must have at least one off- street parking space per unit unless one of the following applies: (A) The lot is located within one-half mile walking distance of either: n-4; -- ni n Xxx City Council 42 — 29 12/21 r2@24 of 32 (i) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours: or A site that contains: (ia) An existing rail or bus rapid transit station; or ON The intersection of two or more manor bus routes with a frequency of service interval of 15 minutes or less durina the mornina and afternoon peak commute periods. B) The site is located within one block of a car -share vehicle location. A car -share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. (9) Architecture. (A) If there is a legal primary dwelling on the lot that was established before the two -unit project, any new primary dwellina unit must match the existina primary dwellina unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the two - unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color. and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (C) New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. (D) All exterior lighting must be limited to down -lights. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. n"4; -- ni n Xxx City Council 42 — 30 12/21 r2@21 of 32 (F) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (G) New skylights shall have flat glass panes. "Bubble" or dome type skylights are prohibited. (H) The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling. (1) If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing. �J) Additions or new construction shall comply with the following: (i) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior buildina materials. includina but the limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. (ii) If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes. (iii) The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc. must be equal to, or greater than, the square footage of bedrooms provided. (iv) Direct exterior access from a first -floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door. (v) Upper story unenclosed landings, decks, and balconies greater than 20 square feet that face or overlook an adjoining property, shall be located a minimum of 15 feet from the interior lot lines. n-4; -- ni n Xxx City Council 42 — 31 12/21 r2@21 of 32 (vi) Water heaters (excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit. (vii) Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landina. deck, or balconv. (viii) Upper story windows located within 15 feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of 42 inches above finish floor. (10) Landscaping. Evergreen landscape screening must be planted and maintained between each dwellina and adiacent lots (but not riahts of way) as follows: (A) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall_ Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (C) All landscaping must be drought -tolerant. (D) All landscaping must be from the city's approved plant list. 11) Nonconformina Conditions. A two -unit Droiect may only be approved if all nonconforming zoning conditions are corrected. 12) Utilities. Each primary dwelling unit on the lot must have its own direct utilitv connection to the utilitv service Drovider. n"4;---- L n Xxx City Council 42 — 32 12/21 W21 of 32 (B) Notwithstanding paragraph subsection (f (� 12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five nears or, if the percolation test has been recertified, within the last 10 years. (C) All utilities must be underground. 13) Buildina and Safetv. All structures built on the lot must comoly with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code. (g) Separate Conveyance. Primary dwelling units on the lot may not be owned or con separately from each other. 2) Condominium airspace divisions and common interest developments are not permitted within the lot. 3) All fee interest in the lot and all the dwellings must be held equall and undivided by all individual property owners. A) No timeshare. as defined by state law or this code. is permitted. This includes any co -ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (h) Regulation of Uses. Residential -only. No non-residential use is aermitted on the lot. (2) No short term rentals (STRs). No dwelling unit on the lot may be rented for a aeriod of less than 30 days. (3) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two -unit project must occupy one of the dwellings on the lot as the owners' principal residence and leaal domicile. (i) Notice of Construction. n"4;.,--- �Xxx City Council 42 — 33 12/21 W21 of 32 At least 30 business days before starting any construction of a two - unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the followina information: A) Notice that construction has been authorized. (B) The anticipated start and end dates for construction. (C) The hours of construction. (D) Contact information for the project manager (for construction -related complaints). (E) Contact information for the Building and Safety Department. 2) This notice reauirement does not confer a riaht on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the Cib has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation. (i) Deed Restriction. The owner must record a deed restriction, on a form T approved by the city, that does each of the following: (1) Expressly prohibits any rental of any dwelling on the property for a Deriod of less than 30 days. 2) Expressly prohibits anv non-residential use of the lot. (3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (4) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' Drimary residence and Ieaal domicile. (5) Expressly requires that at least one new unit created be deed restricted for affordable housina at either very low. low or moderate income levels. 6) Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law. n,-,4; --- L n Xxx City Council 42 — 34 12/21 W21 of 32 Sec. 41-2116. - Specific Adverse Impacts. a) Notwithstanding anything else in this section, the city may deny an application for a two -unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (b) "Specific adverse impact" has the same meaning as in Gov. Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on obiective. identified written oublic health or safetv standards. policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(q). (c) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. Sec. 41-2117. - Remedies. If a two -unit project violates any part of this code or any other legal requirement: (a) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract. (b) The city may: Brina an action to enioin anv attempt to sell. lease. or finance the property. 2) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. 3) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both: or a misdemeanor. (4) Record a notice of violation. (5) Withhold any or all future permits and approvals. 6) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code. n,-,4; --- L n Xxx City Council 42 — 35 12/21 W21 of 32 Section 6. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 7. This ordinance shall become effective immediately upon its adoption. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of )2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: /►v. John .Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers n-4; -- ni n Xxx City Council 42 — 36 12/21 r2021 of 32 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 n a ni nic xxx City Council 42 — 37 12/21 rLWI of 32 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. lit LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB-9 Housing development: approvals. (2021-2022) SHARE THIS: 0 Senate Bill No. 9 CHAPTER 162 Date Published: 09/17/2021 09:00 PM An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ] LEGISLATIVE COUNSEL'S DIGEST SB 9, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a lee* optfWl has not adopted an ordinance, bA2ran$aerial approval, in accordance with specified stalr20ta020d https://Ieginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 1/14 12/14/21, 9:49 PM conditions. Bill Text - SB-9 Housing development: approvals. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. City Council 42 — 39 12/21/2021 https://Ieginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 2/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state - mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather t City Counci r X2 — 0 12/21 /2021 https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 3/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single- family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real p0o.eEtiyuhag exercised the owner's rights unde42C-a4oter 12.75 (commencing with Section 7060) of DlYlk,100-21bf https://Ieginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 4/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-guality transit corridor, as defined irG4MQMig* (b) of Section 21155 of the PubQ2 RAZurces Code, or a major transit stop, as defines:2iQVWf6n https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 5/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply: (1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the ity ounci IT 3 12 21 202 https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 6/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section. SEC. 2. Section 66411.7 is added to the Government Code, to read: 66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements: (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include s (V rep of either an urbanized area or ur*ff ch*ter, as designated by the United States Census1�prfje2&2gr, https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 7/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. City Council 42 — 45 12/21/2021 https://leginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 8/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. ( it ounci 42 — regVeOments in either of the following instances: https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 9/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it ell u Ic en to allow separate conveyancer 4 1-4 a https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 10/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. (1) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (m) For purposes of this section, both of the following shall apply: (1) "Objective zoning standards," "objective subdivision standards," and 'objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. SEC. 3. Section 66452.6 of the Government Code is amended to read: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date oCRY, Q4i PWifion, as provided in this section, or4fRie 4l$te of the previously filed final map, whichever 1s?QW10TAle https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 11 /14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period I-`CftglU@b igilby the local agency pursuant to tl12 -se4§ion. After service of the initial petition or coma iJ/jro��e https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 12/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. City Council 42 — 50 12/21/2021 https:Hleginfo.legislature.ca.gov/faces/biIINavClient.xhtmI?bill_id=202120220SB9 13/14 12/14/21, 9:49 PM Bill Text - SB-9 Housing development: approvals. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. City Council 42 — 51 12/21/2021 https://Ieginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 14/14 Community Development Agency santa-ana.org/cd Item # 8 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Housing Successor Annual Report FY 2020-21 AGENDA TITLE: Housing Successor Annual Report for FY 2020-21 — Low and Moderate Income Housing Asset Fund RECOMMENDED ACTION Receive and file. DISCUSSION Pursuant to the Dissolution Act, on January 9, 2012, the City Council designated the Housing Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the housing assets, duties, functions and obligations of the former RDA and continued to complete the housing development projects encumbered prior to the dissolution of the RDA. Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health & Safety Code (HSC) Section 34176 and addresses functions to be performed by the housing successor agencies. This bill, effective January 2014, required all housing successor agencies to provide an annual report to its governing body within six months after the end of the fiscal year, starting with FY 2013-14. Among the requirements is an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF), and information regarding specific housing financial data and activities. The independent financial audit of the LMIHAF is included in the City's Comprehensive Annual Financial Report for FY 2020-21, as prepared by the Finance and Management Services Agency and posted on the City's website at https://www.santa-ana.org/finance/comprehensive-annual-financial-reports-and-other- financial-reports. Assembly Bill (AB) 1793, signed by the Governor on September 27, 2014, further amended HSC § 34176.1 to require housing successor agencies to include additional information on homeownership units assisted by the former RDA or housing successor City Council 8-1 12/21/2021 Housing Successor Annual Report FY 2020-21 December 21, 2021 Page 2 that are subject to covenants or restrictions. The FY 2017-18 annual report included this additional information and any changes that occurred in the last fiscal year are identified in the FY 2020-21 annual report (Exhibit 1). FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Housing Successor Annual Report FY 2020-21 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 8-2 12/21/2021 HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2020-2021 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of December 21, 2021. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2020-2021 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana Comprehensive Annual Financial Report for Fiscal Year 2020-2021 (Fiscal Year) as prepared by CliftonLarsonAllen LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XI I., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. City Council 8-3 12/21 /2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 1 iO:I:n:3Nmi V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. Vill. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Information is provided covering the period of July 1, 2015 — June 30, 2020. X. Senior Housing Test: This section provides the percentage of units of deed -restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2011 to December 31, 2020. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that City Council 8-4 12/21 /2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 2 iO:I:n:3Nmi protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to Section 33334.3(f). This Report is to be provided to the Housing Successor's governing body by December 31, 2021. In addition, this Report and the former redevelopment agency's pre -dissolution Implementation Plans are to be made available to the public on the City's website (https://www.santa-ana.org/cd/oversight-board.) AMOUNT DEPOSITED INTO LMIHAF A total of $170,606 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $3,620,134 of which $0 is held for items listed on the ROPS. III. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Monitoring & Administration Expenditures 2020/21 $ 304,010 1 Homeless Prevention and Rapid Rehousing Services Expenditures $ 0 Housing Development Expenditures ➢ Expenditures on Moderate Income Units $ 0 ➢ Expenditures on Low Income Units $ 0 ➢ Expenditures on Very -Low Income Units $ 0 ➢ Expenditures on Extremely -Low Income Units $ 0 ➢ Total Housing Development Expenditures $ 0 Total LMIHAF Expenditures in Fiscal Year $ 304,010 2 The independent financial audit of the LMIHAF includes an adjustment of ($48,346) for bad debt expenses for loans receivable, for a total adjusted expenditure of $255,664. Including the additional item from footnote 1 above, $2,780,050 reclassification in the land held for resale, and ($85,227) adjustment for a prior fiscal year commitment, the total LMIHAF per the audit is $2,950,487. City Council 8-5 12/21 /2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 3 iO:I:n:3Nmi IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VI. PROJECT DESCRIPTIONS The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s): N/A All former projects on the ROPS have been completed. VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency City Council 8-6 12/21/2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 4 now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period: Remnant parcels at 10/30/02 02/14/18 Included in Request for Spurgeon & E. 22"d St. Proposals #19-063 for the development and/or sale of the site; No award from this RPF at this time. This site will be included in the RFP to be released in December 2021. 801, 809 & 8091/2E. 07/29/09 02/14/18 Pre -commitment letter issued Santa Ana Blvd. to developer in January 2019; Developer pursuing additional gap funding. 826 N. Lacy 07/29/09 02/14/18 Pre -commitment letter issued to developer in March 2019; Ground lease agreement approved in November 2020. _ 1126 & 1146 Washington 09/05/07 02/14/18 Pre -commitment letter issued to developer in July 2019; Project received entitlements in February 2020 and is currently undergoing additional environmental assessments. The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: City Council 12/21 /2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 5 iO:I:n:3Nmi Vill. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor: One (1) very -low income five -bedroom unit was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled in a previous fiscal year with the WBBB project that accommodated a five -bedroom unit within the site. At the end of Fiscal Year 2020-2021, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency. Inclusionary/Production Housing. According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at httips://www.santa- ana.org/cd/oversight-board. IX. EXTREMELY -LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely -Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely -Low Income requirement. This information below is for the period of July 1, 2016 — June 30, 2021: AMI FY 2016/17 FY 2017/181 FY 2018/19 FY 2019/20 FY 2020/21 Totals 80% - 120% $34,847 $0 $150,827 $0 $0 $ 185,674 50%-80% $98,746 $1,624,510 $2,921,302 $16,632 $0 $ 4,661,190 30% -50% $0 $2,606,004 $471,213 $26,867 $0 $ 3,104,084 0% -30% $0 $4,219,469 $1,411,963 $43,499 $0 $ 5,674,931 Totals $133,593 $8,449,983 $4,9559305 $86,998 $0 $13,625,879 % of Funds Expended on 30% or Less of AMI 0% 49.93% 28.49% 50.00% 0.00% 41.65% Expenditures reflected corrected totals as compared to original FY 2017-18 report. $8,437,513 in loans for the development of 69 affordable housing units were not included. X. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed -restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency City Council 8-8 12/21/2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 6 iO:I:n:3Nmi and/or the City within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed -restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10 year period of January 1, 2011 to December 31, 2020: XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: City Council 8-9 12/21 /2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA — FY 2020/21 Page 7 The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) Fund Balance — June 30, 2021 $26,417,704 Less Unavailable Amounts: Loans and notes ( 22,720,000) Land held for resale ( 75,000) Restricted cash and investments with fiscal agent ( 6,416) Liabilities — Accounts payables & deposits ( 903) Deferred inflows of revenues ( 1,863) Project Commitments and Monitoring ( 1,477,333) Available Low Income Housing Funds 2,136,189 Limitation (Greater of $1,000,000 or Four Years Deposits): Aggregate amounts deposited for preceding four fiscal years 2017 — 2018 540,960 2018 — 2019 786,125 2019 — 2020 1,371,881 2020 —2021 170,606 Total deposits for the preceding four fiscal years 2,869,572 Base limitation 1,000,000 Greater Amount 2,869,572 Computed Excess Surplus — June 30, 2021 XII. INVENTORY OF HOMEOWNERSHIP UNITS (A) As of June 30, 2021, there was a total of 58 homeownership units and 916 rental units subject to covenants or restrictions. Of this total, all 974 units had affordability restrictions. (B) During FY 2020-21, one (1) single family unit was lost to the portfolio as the borrower paid off the loan earlier than the original maturity date. (C) There were no funds returned to the Housing Successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the former Low and Moderate Income Housing Fund in FY 2020-21. (D) The Housing Authority of the City of Santa Ana has not contracted with any outside entity for the management of the units. City Council 8 — 10 12/21/2021 HOUSING AUTHORITY OF THE CITY OF SANTA ANA - FY 2020/21 Page 8