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Agenda Packet_2022-02-01
City Council and Housing Authority Meeting Packet February 1, 2022 SPECIAL CLOSED SESSION MEETING - 4:15 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 4 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 the 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 2/1/2022 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 2/1/2022 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 3:00 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 3:00 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) special 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. 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 4:15 p.m. for Special 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 2/1/2022 1. LIVE PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS —You can provide live comments on special 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:15 p.m. Speakers who are not in the speaker queue by 4:15 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. NOTE: Redistricting Public Hearing Item #16 will be heard at 7:00 p.m. 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 ). SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho City Council 4 2/1/2022 Clerk of the Council Daisy Gomez ROLL CALL PUBLIC COMMENTS — Members of the public may address the City Council on Special 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: 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) • Service Employees' International Union (SEIU) Part - Time Non -Civil Service Employees 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does I-X, Orange County Superior Court, Case No. 30-2021- 01230129 B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney's Office, and Does I-X, Orange County Superior Court, Case No. 30- 2021-01230134 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Address of Property: APN #430-021-02; 1815 E. Carnegie Ave., Santa Ana, CA 92705 Negotiator: Steven Mendoza, Assistant City Manager Negotiating with: Dyer 18, LLC Terms: Price and terms related to the lease and possible acquisition of real 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. City Council 5 2/1/2022 RECESS — City Council will recess to Special Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 6 2/1/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Dr. Willie Holmes CEREMONIAL PRESENTATIONS Certificate of Recognition presented by Mayor Pro Tern Bacerra to the staff from Public Works Agency, Parks Recreation and Community Services Agency and Ice -America for the 2021 Winter Village and Outstanding Contributions to the Community. 2. Proclamation presented by Councilmember Phan declaring February 1, 2022 as Tet / Lunar New Year. STAFF PRESENTATIONS 3. Homeless Update 4. Air Quality Management District (AQMD) Update — Public Works Agency 5. Residential Permit Parking Update — Public Works Agency 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. NOTE: Redistricting Public Hearing Item #16 will be heard at 7:00 p.m. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 throuah 15. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. City Council 7 2/1/2022 7. Minutes from the Regular and Special Successor Agency Meetings of January 18, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Quarterly Report for Housing Division Projects and Activities for the period of October 2021-December 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 2021-December 2021. 9. Approve Amendment to the Construction Contract with CJ Concrete Construction, Inc. to Increase the Contract Amount by $1,105,789.50, for a New Estimated Total Project Delivery Cost of $1,700,000, to Perform Additional Concrete Repairs (Project No.22- 6970) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to amend the construction contract with CJ Concrete Construction, Inc. by an increase of $1,105,789.50 to perform additional concrete improvements, for a new estimated project delivery cost of $1,700,000. 2. Approve the revised Project Cost Analysis increasing project contingencies by $1,105,789.50, for a new estimated project delivery cost of $1,700,000. 10. Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Park Parking Lot Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a license agreement with the Santa Ana Unified School District (SAUSD) to allow Washington Elementary school staff to utilize the Memorial Park east parking lot (46 spaces) for the period of February 2, 2022 through June 30, 2023, for an amount not to exceed $39,100, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 11. Approve an Agreement with the County of Orange for Continued Access to the Countywide Coordinated Communications Public Safety Radio System Department(s): Police Department Recommended Action: Authorize the City Manager to execute the new Joint Agreement with the County of Orange for the Operation, Maintenance and Financial Management of the Orange County 800 MHz Countywide Coordinated City Council 8 2/1/2022 Communications System, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 12. Approve a Lease Agreement with Railworks Track Services, Inc., for Office Space at the Santa Ana Regional Transportation Center for a One-year Term with Twelve One - month Extensions for a Total Amount of $87,120 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with RailWorks Track Services, Inc., to compensate the City $3,630 per month, with any partial month prorated at $120 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a one-year term beginning February 1, 2022, and ending January 31, 2023, with an option for twelve month -to -month extensions, for a total of $87,120 in lease revenue for the entire term of the agreement, including optional extensions, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve an appropriation adjustment recognizing Fiscal Year 2021-22 lease income in the amount of $18,150 into the PWA-SARTC Operations, Rental-RailWorks revenue account and appropriating the same amount to the PWA-SARTC Operations, Contract Services -Professional expenditure account. (Requires five affirmative votes) 13. Approve Agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. for up to a Three-year Term in an Aggregate Amount not to Exceed $500,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. to provide on -call traffic control services and equipment rental for a three-year period beginning February 1, 2022, and expiring on January 31, 2025, with a provision for one two-year extension, for a total shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 14. Adopt Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation, as Required by Master Agreement No. 64A0274, and Approve the Master Agreement for State -Funded Transit Projects No. 64A0274 to Secure State Grant Funds Department(s): Public Works Agency Recommended Action: 1.Resolution No. 2022-XXX — Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program City Council 9 2/1/2022 supplement agreements required by the Master Agreement for State -Funded Transit Projects No. 64A0274 with the State of California Department of Transportation to reimburse the City for State -Funded projects. 2. Authorize the City Manager to execute the Master Agreement for State -Funded Transit Projects No. 64A0274 with the State of California Department of Transportation for a ten-year term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 15. Accept a Quitclaim Deed of an "U shape parcel at Centennial Park, Deed of Release of 2.42 acres at Centennial Park, and Declaration of Restrictions on three Park sites to complete the Land Conversion Process Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Acknowledge the City Manager's acceptance of a Quitclaim Deed on Parcel D at Centennial Park from the Federal Government pursuant to her authority under Santa Ana Municipal Code Section 33-55. 2. Resolution No. 2022-XXX — Adopt a resolution Accepting a Deed of Release on 2.42 acres at Centennial Park removing the public park and recreational deed condition to be transferred over to the replacement properties. 3. Resolution No. 2022-XXX — Adopt a resolution approving a Declaration of Restriction on Pacific Electric site. 4. Resolution No. 2022-XXX — Adopt a resolution approving a Declaration of Restriction on 6th and Lacy site. 5. Resolution No. 2022-XXX — Adopt a resolution approving a Declaration of Restriction on Raitt and Myrtle site. All recommended actions are subject to non -substantive changes approved by the City Manager and City Attorney. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 16. Hold Sixth 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 sixth public hearing seeking input regarding the content of the draft map(s). 17. Public Hearing - Adopt a Resolution of Necessity Determining Public Interest and City Council 10 2/1/2022 Necessity for the Acquisition of Real Property Located at 2702 N Bristol Street (Property Owner: Metro Star, LLC) (Project No. 17-6883) (Non -General Fund) Notice of Hearing letter regarding aquisition of real property by eminent domain mailed to property owners on January 5, 2022. Department(s): Public Works Agency Recommended Action: Resolution No. Adopt a resolution of necessity authorizing the condemnation of a portion of the real property located at 2702 N. Bristol Street (APN 002-261-06), owned by Metro Star, LLC, declaring the public necessity and interest thereof. (Requires five affirmative votes) 18. Public Hearing - Adoption of a Resolution Approving the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Washington Avenue Well Project (Non -General Fund) Legal Notice was published in the Orange County Reporter on January 21, 2022. Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Hold a public hearing and adopt a resolution approving an Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Washington Avenue Well Project. 2. Approve the Washington Avenue Well Project. COUNCILMEMBER REQUESTED ITEMS 19. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Firearms Safe Storage Ordinance — Councilmembers Mendoza and Lopez 20. Discuss and Consider Directing City Manager to Direct Staff to Review and Amend the City Council Recognition Policy — Councilmember Phan 21. Discuss and Consider Directing City Manager to Direct Staff to Draft a Resolution for Adoption by the City Council to Support Assembly Bill (AB) 485 to Require Local Law Enforcement Agencies to Report Hate Crime Data on Their Own Website Monthly — Mayor Pro Tern Bacerra 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. City Council 11 2/1/2022 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 3. Billboard Ordinance Update 4. Cannabis Ordinance Update 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 Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: X and X. 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 December 21, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. City Council 12 2/1/2022 3. Quarterly Report for the Housing Choice Voucher Program for the Period of October 1, 2021 to December 31, 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of October 1, 2021 to December 31, 2021 **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. City Council 13 2/1/2022 DRAFT Minutes of the Regular Meeting of the City Council and Special Successor Agency City of Santa Ana, California January 18, 2022 CLOSED SESSION MEETIV - 5:00 pm REGULAR OPEN MEET J - 5:45 , , (Immediately following the ClosL ';ssion ating) CITY COUNCIL CHAT. 22 Civic Center aza Santa Ana, u 0701 CLOSE, 'r SSION CALL TO ORDER ATTENDANCE .'ouncil MF aers Mayok Tern Iayor t r Manager y Attorney ,lerk of the Council inathan Ryan Hernandez Jk sie Lopez 4elida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:04 p.m. ROLL CALL City Council 17 — 1 121$12022 Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Lopez joined the meeting at 5:09 p.m. and Mayor Pro Tem Bacerra joined the meeting at 5:18 p.m. Councilmember Phan recused herself from closed session Item 2, due to a conflict of interest. PUBLIC COMMENTS — No public comments on Closed Session CLOSED SESSION ITEMS — The Brown Act permits Iec`' .,ive bodies to discuss . -,in matters without members of the public present. The Cit, juncil finds, based on advict. �n the City Attorney, that discussion in open session of Following m- rs will prejudice the position of the City in existing and anticipated litigate, 1. CONFERENCE WITH LEGAL COUNSEL - EXISTI, jATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 o, Government Code: A. Saul Miranda v. City of Sant United State 'strict Court, Case No. 8:21-CV-00007-JVS-DFM 14W B. Victor Hernandez v. City of Sar, 4na, Orr ntv Superior Court, Case No. 30-2020-01141768 C. Mark Waldo v Ci} -r Santa Ana, )r County Superior Court, Case No. 30- 2019-01120806 2. POTENTIAI .0ATION Or TIGATION , ,uant to section 54956.9(c): One case (Dyer 18 3. CONFERENCL T . <EAL PROPER NEGOTIATOR pursuant to Government C'- ' - --tion 54 ; roperty: � vick Gu purse 3017 W. 5th St. Santa Ana California Agency Negot, : Santa ..,ia City Manager Kristine Ridge Negotiating Part Property owner der Negotia ' To obtain direction regarding price and terms of payment for the G `sition/s -,ase/ of the property. Addr, roperties and Parcel numbers Assessor Parcel No. Address 1. 198-233-11 n/a City Council 27 — 2 121$12022 2. 198-286-01 3102 Willowick Drive 3. 198-282-02 3109 W. 5th Street 4. 198-291-03 3101 W. 5th Street 5. 198-291-04 3017 W. 5th Street 6. 198-291-05 3001 W. 5th Street 7. 198-291-06 3017 W. 5th Street 8. 198-291-08 3017 W. 5th Street CLOSED SESSION REPORT — The City Attorney will report on actionk, be taken at the Regular Open Session which will begin immediately follow -1q the Closed S, n. RECESS — City Council will recess to Closed Session fo, j purpose of conducting filar City business. MINUTES: Mayor Sarmiento recessed the portion ',e meeti, i consider the Closed Session items at 5:06 p.m. RECONVENE —City Council will recon\ e to L._ - regular C,._ isiness. MINUTES: Mayor Sarmierl- adjourned G. 9, --ssion meeting at 6:35 p.m. and convened to the Regui ,N�, ssion. G, CALL TO nRDER MV i ES: Ma, . J P.M. ' CC' ....IL- , - AR OPEN SESSION ,armies, filled the Regular Open Session meeting to order at ROLL `LL MINUTES if the Council conducted roll call. All councilmembers were present. Mayor Sarmiento announced that Redistricting Public Hearing Item #31 will be heard at 7: 00 p.m. PLEDGE OF ALLEGIANCE City Council Mayor Sarmiento 37-3 MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance. WORDS OF INSPIRATION Pastor Matt Doan CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Hernanr' ()C Youth Poet Laureate Tina Mai and OC Poet Laureate Natalie J. Graham f iek standing Contributions to Literary Arts and Poetry. MINUTES: Mayor Sarmiento presented certificate r cognition on behalf, Councilmember Hernandez to Tina Mai and Dr. P alie J. Graham. 2. Proclamation presented by Councilmember Lops Ge,' a Mouet for his Years of Outstanding Service and Contributions to the Comn, MINUTES: Spouse Jenny Doh, ' proclamation 1half of her husband, Gerardo Mouet. 3. Certificate of Recog nresented b_ 'r .;ilmember Phan to Santa Anita Neighborhood Asp ,. ',lunteers t, Heir Outstanding Contributions to the Community: M .a Calde, Lydia Ca o, Victor Castillo, Aileen Cayetano, Miranda Cap .,io, Suzette iyetano, Lu, rleto, Grace Moreno, Gustavo Ortega, Alan Vele- d Angel Velr Y MINUTES: Cc, i . nber Penaloza presented certificate of recognition on behalf of' --ilmembt rnandez and Councilmember Phan to the various recipients. After the la- ,ogniti(,. -)uncil considered redistricting item 31, item 32 and 8. STAk 'RESENTO .INS 4. Cc. -19 ' ate in the Community. MINUTES: City Manager Kristine Ridge provided a brief presentation. Mayor Sarmiento directed staff to provide COVID numbers by ward at the February 15, 2022 council meeting. City Council 47 — 4 1�W2022 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho reported out on approvals of three settlements by a unanimous vote: 1A) In the Saul Miranda v. City of Santa Ana, et al., United States District ,rt, Case No. 8:21-CV-00007-JVS-DFM, $200,000 settlement was approved. 1 B) In the Victor Hernandez v. City of Santa Ana, Orange CouW .1perior Yt, Case No. 30-2020-01141768, $126,900 settlement was approved. 1 C) In the Mark Waldo v City of Santa Ana, Orange C ty Superior Court, Case N(,. 2019-01120806, $87,693.84 was approved. 2) In addition, the City Council authorized by a unanimL. ; the initiation of litigation in relation to a lease that the city has with ever 18 LLC. PUBLIC COMMENT— Public comments *be he' A -,ginning of the meeting for ALL comments on agenda and non -agenda m, ,ith the exc ption of public hearings. Comments for public he- lake place , the hearing is opened. NOTE: Redistrict, , Public He ng Item #:: 'till be heard at 7:00 p.m. MINUTES: Roger . -;s P ,ner repreo ,.. J First Serve Santa Ana spoke on a pi ckleball vent occur. pis Saturday, January 22, 2022 at 8:00 a.m. to 4:00 p.m. at Flow ,or Mendez spo. n items 9 and 30. -k of the Council L ;y Gomez reported out on correspondence received. Proje. -rector Kri, ,her Fortin with Santa Ana Active Streets spoke in opposition to item 24. Daisy Cruz re, ,resenting the Kennedy Commission spoke in support of item B. John Hanna representing the Southwest Regional of Carpenters spoke on item 8 regarding the use of a skilled and trained workforce. Expressed support of the ordinance and their commitment to work with staff, community, council and members of the construction industry. City Council 57 — 5 1r$12022 Adam Wood representing Building Industry Association of Orange County (BIAOC) spoke in support of sending item 8 back to the Planning Commission. I CONSENT CALENDAR :1 RECOMMENDED ACTION: Approve staff recommendatir ai, following Consent Calendar Items: 5 through ' 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent rr Hers. 6. Minutes from the Regular and Special Housing rity ' stings of December 21, 2021 Department(s): Clerk of the Cou, r)ffice Recommended Action: ApprovE inuL, 7. Appoint Robert Harvey to the Comml v De, pmei ..mission for a Full -Term Expiring January 17, 9`1 as the Seni T, ..it Representative Department(s)- ,nmui,. �evelopm Agency Recommer j Action: N iinate Rob rvey for an appointment to the Commun;' velopmen+;-Qion for ,vacant Senior Tenant Commissioner seat, nominG th ment Agency. 8. 4 +finance . CIS-XXXX — ZONING ORDINANCE AMENDMENT NO. 2021-03 ur.L- ICE OF 7 CITY COUNCIL OF THE CITY OF SANTA ANA REPEALIN- 'D REE, 'TING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE Si- q ANA I\, ,NICIPAL CODE REGARDING THE HOUSING OPPORTUNI DINANCE -first reading atl November 16, 2021 City Council meeting and approved by a vote '-2 (Mendo ,'enaloza dissented and Bacerra abstained). Puy, d e Orange County Reporter on November 26, 2021. Continu from the December 7, 2021 and December 21, 2021 City Council meetings. Department(s): Planning and Building Agency Recommended Action: Place Ordinance on second reading and adopt. MINUTES: Councilmember Phan requested item to be continued due to pending City Council 67 — 6 121$12022 Fair Political Practices Commission (FPPC) advice letter and complaint that was submitted to FPPC. Moved by Councilmember Phan, seconded by Councilmember Lopez to Continue item to the February 15, 2022 council meeting. YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, --ndoza, Councilmember, — Penaloza, Councilmember, — Phan, Council, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0— 0— Pass 9. Receive and File — Fiscal Year 2020-21 Annua.-nprehe e Financial Report, Related Audit Reports, and Measure X Agreed-b, P, Aures Report Department(s): Finance and Management Services Recommended Action: Recei e following au Iand separately issued reports for the Fiscal Year Ended , 0 3 , 1. The Auditor's unmodified "clean" wtion lettr ';-,cal year 2020-21 Audited Financial Statements included in the. Inual ' . ilprehb. . a Financial Report (ACFR) 2. Government Audit;-—`gndards (G, _per 3. Governance LP' 4. Air Quality 1\1 -Agement trict (AQN. Audited Financial Statements 5. The Audit , report on ppropriatic. Limit (GANN Limit) 6. The Au 's report or r„ "-nre with i , Statement of Investment Policy 7. Measure. vreed-' . ,-, , emmm!;-3 port 10. " - an Appi -1tion Adjustment and CIP Amendment for the Downtown Flood .eauu'. Stor. ter Infiltration Project (Project No. 22-6622) (Non -General Fund) Department(: Oublic Works Agency Recommende kction: 1. Approve an appropriation adjustment (2022-102) to cognize $3.` illion in Proposition 68 Urban Flood Protection grant funding from ':aliforr' atural Resources Agency into the PWA Enterprise Capital Grants, Sty. ,r- Direct revenue account and appropriate the same amount into the CNRA Urba, . id Protection, 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 $3.8 million in funding from the Proposition 68 Urban Flood Protection Grant Program for the Downtown Flood Reduction and Stormwater Infiltration Project. City Council 77 — 7 121$12022 11. Approve an Appropriation Adjustment and Additional Contingency Funds in the Amount of $368,825 for an Existing Construction Contract with Lucas Builders, Inc. for the Citywide Sewer Main Improvements Phase II Project with an Estimated Project Delivery Cost of $2,117,835 (Project No. 19-6426) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment Z-099) to recognize $338,825 from prior -year fund balance in the Sanitary ' der Capital Fund, Prior Year Carryforward revenue account, and appropriate the mount to the Capital Recovery Charges, Improvements Other Than Buil(" expt ire account. (Requires five affirmative votes) 2. Authorize the reallocation of $30,000 in unspent V sure M2 Local Fairs. funds, $30,000 from Flower Street Safety Enhanr ants (Project 17-6897) to Citywide Sewer Main Improvements Phase II (r ,act No. 19-P426) to complete t, funding needed for project delivery. 3. Approve an amendment to the Project Cost A. ,is . ie amount of $368,825 in additional contingency funds, for a total estimated c, uction delivery cost of $2,117,835, which includes $1,39" 208 for the constrL n contract, $209,802 for contract administration, inspecti _ 'sting, and a $5, '?5 project contingency for unanticipated or unforeseen \& su,, non-substa, changes approved by the City Manager and City Attorney 4. Approve an amendment to the Fi, ' YP _021-22 u_.pital Improvement Program to include $368,82c, ,truction fu Citywide Sewer Main Improvements Phase II (Projer' 15—, ;). 12. Approve P opriation Ar' ,tment, ;,,*sead License Agreement with Greyhound Lines, Inc, Extend th February 1, 2022, through January 31, 2023, for a L m Ot $8 t ,zv,, P- --••+ment(s). lic Works Agency rtecomi. Jed Ac. • 1. Approve an appropriation adjustment (2022-103) to recognize F. YearN 22 lease income in the amount of $28,340 in the Public Works -SARI erations, Rental -Greyhound Lines, Inc., revenue account and appropriate th me amount in the Public Works-SARTC Operations, Contract Services-Profe _)nal expenditure account. (Requires five affirmative votes) lathorize City Manager to execute a second amendment to the site license ag `1er An Greyhound Lines, Inc., for the rental of two bus bays, and extend the term ine-year period from February 1, 2022, to January 31, 2023, at a monthly rate of 3,000 for the first six months and at a monthly rate of $5,498 from August 1, 2022 to January 31, 2023, for a total amount of $50,988, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 3. Authorize the City Manager to execute an amendment to the site lease agreement with Greyhound Lines, Inc. for rental of interior office space and extend for a one-year City Council 87 - 8 1r$12022 period from February 1, 2022, to January 31, 2023, at a monthly rate of $2,668 for the first six months and at a monthly rate of $3,495 from August 1, 2022, to January 31, 2023, for a total amount of $36,978, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement Nos. 2022-001 and 20' 902 were approved. 13. Approve Appropriation Adjustment Recognizing Additiona' tional , cated Worker Grant - Employment Recovery Funds to Providr, Er, iployment -1, 'Ig and Support Services to Individuals Impacted by the Panr' c (Non -General F ` Department(s): Community Development Agen, Recommended Action: Approve an apprr Lion ac recognizing additional National Dislocated Wu , Gra funds from the State of California, Employment L 'r re-employment and training services to individuals amount of $160,000 in revenue P -nunt (no. 123180L,. same to expenditure account (n, -'q2-various) votes) ustrr (2022-100) t ployment Recovery ant Department to provide ,;ted by COVID-19 in the -1009) and appropriating (I sires five affirmative MINUTES: Assistant City Manage, =xer ,e Dire(.,- of Community Development Ager ",ven MendL _)vided a brief presentation. Moved b, juncilmem' Lopez, sek ded by Councilmember Mendoza to Approvt YES: 7 - Hera, , Councilmember, - Lopez, Councilmember, - Mendoza, -tuber, - naloza, Councilmember, - Phan, Councilmember, - Bacerra, Mayor r m, - S, '-,�!nto, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 - 0 - - 0 - Pass 14. , nd a P' .,et Order Contract with Professional Access CCTV & Electrical in an An. Lo Exceed $700,000 Annually for Implementation of Additional Security MeasL on an As -Needed Basis (Specification No. 21-084) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Amend a blanket order contract for implementation of additional security measures and maintenance repair services with Professional Access CCTV & Electrical in the amount of $675,000 plus a contingency of $25,000, for a total amount not to exceed $700,000 annually, for a one-year period beginning City Council 97 - 9 1ZV2022 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. 15. Approve a Blanket Order Contract for an annual amount of $53,000 with Cintas Corporation for Uniform Rental & Cleaning Services (Specification Nr '-006) (General and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Approve a Blanket Order Contra ith Cis. ';orporation for an annual amount not to exceed $53,000 for the period ur April 1, 2b� ,rough March 31, 2023, with an option for additional four onF, ar renewals, subje non - substantive changes approved by the City Manage A City Attorney. MINUTES: Councilmember Phan recused ' ,elf from ite, 15 due to a conflict of interest and out an abundance of caution 16. Award a Purchase Order to Wondries Fleet Gros, - je Ford Police Interceptor K-9 Utility Vehicles in the Amount of $126,616 (Spe ition No. 21-094) (Non - General Fund) Department(s): Public Works A,` Recommended Action: Authoriz one-tim, _ and payment of purchase order to Wondries Fleet Group for 0 )urcl a of three, ord Police Interceptor K-9 Utility vehicles for W +a Ana Polio - ,artment, for a total amount not to exceed $126,616, subje not, )stantive c iges approved by the City Manager and City Attorney. 17. Approve, ree-Year /' .,;th Ads anced Technology Information Manageme. ster- , Lne P268,223 for Jail Management System Maintenance (, .1 Fund) t(s): F , Department Recomme, I ActiG. ' lathorize the City Manager to execute an agreement with Advanced Te,, -)logy Information Systems for software maintenance and customer support, for th riod of January 18, 2022 through December 18, 2024, in an amount not to exceed , 8,223 (including a $238,223 base agreement amount and a '10,000 conti . cy), subject to non -substantive changes approved by the City 9ger ar amity Attorney (Agreement No. 2022-XXX). MINI. d: This consent Item - Agreement No. 2022-003 was approved. 18. Amendment Agreement with Blueray Management, LLC for Management and Operation Services of the Aquatics Programs at City Pools (General and Non - General Fund) City Council 10 — 10 121$12022 Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blueray Management, LLC for the operation services of the aquatics program at City pools to include maintenance of the pools and increase the compensation by $263,060, for an annual amount not to exceed $432,517, which includes a 10% contingency, for the final term of their agreement frorr aruary 1, 2022 through January 31, 2023 and a total agreement amount not' .xceed $771,461 over the total term of the agreement from February 1 " ' through January 31, 2023, subject to non -substantive changes approved by tr ,ity gager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 9 _-004 was approve. 19. Approve a Second Amendment to Agreeme. nth E Sour, .ompanies, LLC (formerly known as UtiliWorks Consulting, LLC., ,'�MU6.,ing Software Upgrade Program Management for an Amount not to excel j36, Which Includes a General Contingency of $4,176 ( on -General Fund) Department(s): Finance and Recommended Action: Authori� he C amendment to an agreement with L )ur UtiliWorks Consultina. LLC) for proje ii customer service , system u general continr dam f $4,176, subject to nr ,ubstantive nges app, (Agreemr Ao.2022-XX nt Services it ,r to ex Y (e a second ce r, ip, '-C (formerly known as ,cement related to the City's utility ie in a base amount of $41,760 and a a total amount not to exceed $45,936 -�d by City Manager and City Attorney MINUTES:. , cr --nt Item - Ay. _ --ment No. 2022-005 was approved. Approve G '-d Am&, gnt to Illumination Foundation Agreement to Operate a Temporary `er at tht Merton Recuperative Care Center for up to One Additional Month (Non-G, ral Fund) Department(s ;ommunity Development Agency ^ommep, Action: 1. Authorize the City Manager to execute a third a, j the agreement with Illumination Foundation to extend the term to opei .--mporary shelter at the Fullerton Recuperative Care Center for up to an additioi .al month through February 28, 2022, at the per diem rate of $135 per guest for an additional amount not to exceed $378,000 and a total aggregate amount not to exceed $2,178,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute a third amendment to the funding agreement with Illumination Foundation to pay $135 per diem for up to 100 guests, at an amount City Council 17 — 11 1r$12022 not to exceed $378,000, and a total aggregate amount not to exceed $2,178,000, of additional ESG-CV funds to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: Councilmember Phan recused herself from items 15 due to a cr ' 3t of interest and out an abundance of caution This consent Item - Core Agreement No. 2022-006 was a, 21. Approve a Second Amendment to Salvation Army Ar anent to Extend th, Operation of a Temporary Shelter at the Hospitalitv use for One Month (Noi . General Fund) Department(s): Community Development /-., �y Recommended Action: Authorize the City Mar, Aecute: 1. A second amendment to the aar ement with Salva, army for the operation of a temporary shelter at the Hospit - exning thL � for an additional month at the amount of $130,000 per `h, ,�e.dgg regatE punt not to exceed $1,040,000, subject to non-substa re cha -,)ved by one City Manager and City Attorney (Agreement No. 2022 `CX). 2. A second amend `,) the fundir, ament with Salvation Army to use $130,000 per m,wrui 'jnal ESC / funds to operate the shelter at the Hospitality Hr for aggregate ount not to exceed $1,040,000, subject to non-subsV- ,e changeoved by th, ity Manager and City Attorney (Agreen, No.2022-X MINUTES: 7 sent Item -Core Agreement No. 2022-007 was approved. _. Approve A�, ents v. 'icon Enterprises, Inc. and Superior Hot Tapping Services, Inc. for On-CJelding 5--rvices, for a Total Amount not to Exceed $500,000, for up to a Five -Year -n (Non -General Fund) 7epartment(F 'ublic Works Agency 11mme :d Action: Authorize the City Manager to execute agreements with Vic., -r arises, Inc. and Superior Hot Tapping Services, Inc. to provide on -call weldii,, arvices, for a three-year term beginning January 18, 2022 and expiring January 17, 2025, 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 $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Core Agreement No. 2022-008 was approved. City Council 12 — 12 121$12022 23. Approve Agreements with KDC Systems, Trimax, and Instrument Control Services for Water Resources Control Panel Building Services for a Total Amount not to Exceed $750,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to executF eements with KDC Systems, Trimax, and Instrument Control Services to pry +rol panel building services, for a three-year term beginning January ' Z022, expiring January 17, 2025, with provisions for one, two-year renrwa, period exec, ')le by the City Manager and City Attorney, with a shared aggrer amount not to ex, of $750,000, subject to non -substantive changes apr --d by the City Manages City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Core Agre, ►it No. " _-009 was approved. 24. Approve an Agreement with Foci "^pdia Group Focu, dia Group, Inc. to Install, Repair, and Maintain Bus Stops, t_ Kiosks throt., -at the City, for a Ten - Year Term Department(s): Public Works Age Recommended,A- Focus Media G, inc. throughout tr ity, and to kiosks, for in -year perir February 2032, with 4uthorize t, , Manager to execute an agreement with istall, rep, and maintain bus stops/shelters and kiosks are advert, I revenue from bus stops/shelters and aeginning n(. `er than February 17, 2022, and ending - 'I^ Pxten . for a period of five years, subject to non - substantive ages uveu 2022-XXX). y Manager and City Attorney (Agreement No. ,ioveu 'gayor t rem Bacerra, seconded by Councilmember Mendoza to Approve. YES: 7 — Hem iez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmembe Penaloza, Councilmember, — Phan, Councilmember, — Bacerra, 'ayor Pro Te, - Sarmiento, Mayor 0 AL V ABSL .0 Status: 7-0 —0-0— Pass MINUTES: Council provided input to city staff. Councilmember Hernandez supports providing a directory for resources for COVID, rental assistance, etc. at bus stops/shelters. Requested to get an e-mail listing the City Council 13 — 13 1211 V2022 advertisements that are not allowed at bus stops. This consent Item - Agreement No. 2022-010 was approved. 25. Resolution Authorizing Proposals for Funding from the Department of er Resources for the Rousselle Street Flood Protection Project and th, arner Avenue Flood Protection Project Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — `dopt a resolutio, `horizing proposals for funding from the Department of Water ' ,ources Propositioi Floodplain Management, Protection, and Risk Aw iess Grant Program for Rousselle Street Flood Protection Project and +' ,darner Avenue Flood Protect, Project. MINUTES: This consent Item - Resolution IV%. '" ,01 was approved. 26. Resolution Accepting the Donat K-9 Anima. n Johanna Scillieri for the Santa Ana Police Departmen 9 Prog. Department(s): Police Departmen Recommended ` ?esolution a22-XXX — Adopt a resolution accepting the donation of olice r animal fro, 'ohanna Scillieri for the Santa Ana Police Department' -9 Prograr MINUTE, -his cony —--hn.on No. 2022-002 was approved. 27 Conde. q the Recent Rise in Antisemitic Violence and Harassment Targeting ash Peu, and Standing in Solidarity with those Affected by Antisemitisi. Department(s ;ity Manager Office Recommendr action: Resolution No. 2022-XXX — Adopt a resolution condemning recent riF antisemitic violence and harassment targeting Jewish people, and s. `ng i, .idarity with those affected by antisemitism. MINU ► =S: This consent Item - Resolution No. 2022-003 was approved. 28. 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 City Council 14 — 14 121$12022 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-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. MINUTES: This consent Item - Resolution No. 2022-004 was ,,jroved. Moved by Mayor Pro Tern Bacerra, seconded by Councilme..oer Mena to Approve Consent Calendar items 5-28 with the exceptir J 13, and 24. Councilmember Phan recused herself from items and 20 due to a con, of interest and out an abundance of caution. YES: 7 — Hernandez, Councilmember, — Lopez, Coy Councilmember, — Penaloza, Councilmember, — Phan, Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass -nember Mendoza, ,nc;, nber, — Bacerra, Mayor -'Ll, W CONS T CALENDAR** ._1�q Ci-.,-ENDAR 29. RP,,;nIA/ the City ncil Standing Subcommittees Interest List and Appoint Members .jeparL.. `Is): CIL -the Council Office Recommen. ' Actiork. aview the City Council Standing Subcommittees interest list and appoi embers to serve as representatives to the Public Safety and Homelessness 3nding Subcommittee and the Legislative Standing Subcommittee `hrough Dece .,r 2022 per Resolution No. 2021-089. N� I b, ayor Pro Tern Bacerra, seconded by Councilmember Penaloza to App, .ayor Pro Tern Bacerra, Councilmember Hernandez and Counc,imember Mendoza to the Public Safety and Homelessness Standing Subcommittee; and appoint Mayor Sarmiento, Councilmember Lopez, and Councilmember Penaloza to the Legislative Standing Subcommittee. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 City Council 19 — 15 1r$12022 ABSTAIN: 0 ABSENT:0 Status: 7-0 —0-0 — Pass 30. Fiscal Year 2021-2022 General Fund - First Quarter Budget Update Continued from the December 21, 2021 City Council Meeting. Department(s): Finance and Management Services Recommended Action: 1. Receive and file the fiscal year general Fund - First Quarter Budget Update, including the increased sale. ax and p, rty tax estimates (Exhibit 1). 2. Amend the fiscal year 2021-2022 budget to add : position funded by tht ter enterprise within the Finance and Management ' vices Agency (Exhibit 2) anca approve a $42,720 Appropriation AdjustmeW and the poF-' n for the remainder of FY21-22. (Requires five affirmative votes) 3. Approve one-time General Fund Appropriation . ,ients totaling $26,205,000 described in detail below and in Exhibit 4 for fiscal y. 1021-2022. (Requires five affirmative votes) 4. Approve recurring General Fui 7DDr� Adjustor totaling $3,216,900 described in detail below and in E;Okit 4 for tv 9021-2022, which includes funding for three positions in the Co. iunit, .;velop,,. . Agency (Exhibit 2), City Clerk's Office, an#_2 " torney's 01. <equires five affirmative votes) 5. Resolution � 2-X - Adopt a olution amending the current Fiscal Year 2021-2022 Baal Budge add one fu me position in the Finance and Manager, Lgency ervices Ar y and one fL ''me position in the Community Developri , t' M►n111TES: City lager Kristine Ridge provided a brief presentation Council dis. ,ion en- 'and direction provided to staff. Councilmemb 'han accepted Councilmember Hernandez' friendly amendment to approve re mended action as is. Asked staff to have co -sponsored events or 'east eveAr✓here the city has sponsorships to help address the costs. This,. sent Item -Resolution No. 2022-005 was approved. Moved by Councilmember Penaloza, seconded by Mayor Pro Tern Bacerra to approve a Substitute Motion to amend recommended action to remove contracted administrative support for city council for the remaining fiscal year City Council 19 — 16 1r$12022 in the amount of $210,000 along with the future recurring cost. YES: 3 — Mendoza, Penaloza, Bacerra NO: 4 — Hernandez, — Lopez, — Phan, — Sarmiento ABSTAIN: 0 ABSENT:0 Status: 3-4 —0-0 — Fail Moved by Councilmember Phan, seconded by Councilrr Hernandez to Approved recommended action. YES: 6 — Hernandez, Lopez, Mendoza, Penaloza, Ph Sarmiento NO: 1 — Bacerra ABSTAIN: 0 ABSENT:0 Status: 6 — 1 —0-0— Pass **END OF F ."IESS CALENDt. PUE 1 HE.-. PUBLIC COMMENTS — Members of the lic mr ddrt;- City Council on each of the Public Hearing items. 31. Hold Fifth Pubi' 4Warin-P larding R ,tricting Ward Boundaries Resolution itention No j21-060 puL ed in the Orange County Register on October t 30, 202' DepartmeCIr it the Coui r% --nendeo `ion: Open and Close the fifth public hearing seeking input yaiu.. -1 conte. "the draft map(s). MINUTES: i� )r Sarm,,)to opened the public hearing at 7:10 p.m. Redistricting P Hers consultant Paul Mitchell provided a brief presentation. follow►, , rperson speakers provided comment: Victo► ;ndez provided input regarding voting data. Oscar Reyes urged council to select Santa Ana Goals map #86566 also known as Santa Ana Goals for the various reasons mentioned. Clerk of the Council Daisy Gomez reported out on correspondence received: City Council 17 — 17 1�f$12022 Dale Helvig provided information to help aid in selecting a map. Carl Benninger supported map #86566. Araceli provided information for community of interest for her area First Street/Chestnut Avenue/Main. Alejandro Luciano provided information for community of intern )r the area around First Street/McFadden/Flower/Broadway. George Collins in support of draft map #86566 Rosa Ramirez provided community of interest fo, Street/Main Street/Bristol Street Martin Zambrano supported draft map #86bL Alexander Garcia supported draft map #86566. The following Zoom participant. L. '-nmment: area around McFadat -'rst Dale Helvig provided input for the )cess of map that is fair for the next 10 years. Patricia DeSant CJu. I her corr, nity of interest for the South Coast Metro area. In favor asing a t, !ontal mat keep a cohesive community. Supports draft map:' )66. Karen AN, reprr aunty Congregation Community Organizatiot, -(' ) spear heau,,, y coalition regarding maps. The coalition urge(, cil to select maps submitted by the Santa Ana Redistricting which , . not been made public, and asked council to extend the map adoptiu, and th. hruary 1, 2022 deadline. Maria Valens. ?presern.,ig OCCCO described her community of interest First/Grand an sked council to extend the map submitted by the coalition and extend the ma) Joption beyond the February 1, 2022 deadline. Baker rr goer of OCCCO described his community of interest in historic ok- Lowr nta Ana. Supports maps submitted by the Santa Ana Redistricting Cob. 1,id extend the map adoption beyond the February 1, 2022 deadline. Blanca Ruelas, member of OCCCO, described community of interest, around Flower Street. Requested council to consider the two maps submitted by the Santa Ana Redistricting Coalition. Asked council to consider extending the deadline for map adoption. City Council 19 - 18 1�IV2022 Nathaniel Greensides thanked City Clerk and her staff for making this available to the public. Expressed concern with Santa Ana Goals 2021 also known as Plan E. Nancy Murphy spoke in support of draft map # 86566. Thanked the staff of Santa Ana for hearing their opinion. Ana Charco with the Santa Ana Redistricting Coalition spoke re, ,ing communities of interest in Vietnamese residents, mobile hom, ',s in the western area of Santa Ana, environmental concerns in the east arer 0, Ana and mid - city of Santa Ana and asked council to extend the map a pion de. ,e. Irene Bautista member of OCCCO described her c, ►unities of interest, `ino immigrants, low income and mixed status familir .,id asked council to ext6. ''he map adoption deadline to allow for additional " at. Kayla Asanta member of Santa Ana Redistn, Coal- . described her community of interest as it pertains to the distrIL -r &ds to be vertical past Dyer, Cedar Street/Madison Park communities ne be kept together. Also, spoke regarding support for the Vietnamese comma. "1mobile home park being kept together located in the we: -4of the city. Council discussion ensued and G 3tion pru. Mayor Pro Tem BacPrra provided ire ` f, onsultant drawn maps. Thanked all those in the comr 'o submittt aps and expressed importance of community dra, , naps. -)ressed tr map # 86566, which is closest to the desires of cr ,11membe, wd comm, `y members, be considered. Thanked the clerk and I- staff for thei, irk. Councilmet. - Her uez eAp, _ support of maps A and A2. -ember. Ioza expressed concern over the continued use of prison -lata. Ti. ?d those that submitted maps including the consultant and communh, cos. Pry d input on requirements as it pertains to various maps for the record. P d that t, 86566 Santa Ana Goals 2021 meets requirements she had mentione (3ouncilmemb( opez inquired if the maps are legally compliant. Thanked clerk's "lice and Re ricting Partners for all the work that has gone into the redistricting ass. It, .)port of more time to the process. Supports Plan A and Plan A2 and wig, additional maps submitted by residents. Redistricting Partners consultant Paul Mitchell responded regarding legal compliance and criteria. As to legal requirements for incumbency and contiguity he wanted legal counsel to weigh in. Noted that maps with a letter assigned are legal maps. City Council 19 — 19 1�1V2022 Sonia Carvalho noted consultant hired to prepare these maps. Noted if there are maps that want to be proposed and after consultant has reviewed, then legal will review and render a legal opinion. If the consultant has elevated maps to a review level, the consultant has reviewed for legality as well. Councilmember Penaloza thanked the community for their participatir ". Wants to see some community submitted drafts elevated to a proper draft nu, r, which would be 86656. Not supportive of maps cutting through neighbo, ,ds, as in one of the Viet Rise maps. Should run along major corridors to kee-ighborhoods intact. Provided input regarding data. Noted the various neia' -)ds that should be kept intact. Councilmember Phan thanked the community and P 'stricting Partne, - the participation. Is in support of removing all maps (c, iltant and non -cons, 't maps) that do not have an Asian plurality distrir' juncilmember Phan moL. d, not seconded after discussion. Mayor Sarmiento inquired if a majority counc,. ild nr" /ee to a map by a 213 votes what would be the next step. Redistricting Partners consultar' ,-li1 Mitchell noted 'the Fair Maps Act does not require a vote threshold rec ` If a decision, 'I not be made on April 17, 2022, then on April 18, 2022 y n,,. -,f public co, ask a court to take redistricting from the city council G hich tir►,, —known ,✓hat steps will be taken by the court. Clerk of the Cour Jomez nc, nat the city charter requires a 213 votes. Sonia Carv- , wants to 1 w for certa, 'Je current maps meet a threshold requirem, State law d, , not preemp, i charter. Charter can make requirem, that are , 4^1A la,✓ and this is what the voters have done. Mayor Sarmie, -iupportive of draft map A and A2 and provided input for areas '-r such that have a historic element. Councilmei. Mena-larified for the record that constituents requested for the following to s, together. asian plurality, south, north, Sullivan neighborhood, Delhi neighborhood. d have one member per ward. Also, provided input for map A and 42 regarding 7 in plurality. 1v r Prr ,n Bacerra inquired about the deadline. Clerk L the Council Daisy Gomez described the process for approving maps. Redistricting Partners consultant Paul Mitchell noted April 17, 2022 is the state deadline, not the county registrar deadline. They will allow time after that deadline for the files to get to them. City Council 20 — 20 1�W2022 Councilmember Penaloza expressed concern with draft map A2. Requested to keep downtown district together. Asked consultant to keep together the business districts, and keep in mind that new apartment units that will change the population in those areas. Asked consultant to consider the Transit Zoning Code and keep in mind the entire area east of Main Street. Redistricting Partners consultant Paul Mitchell explained his staff w,1 jalancing data in each map as an option, and the chosen trade-offs, such a ,King for a map to be redrafted with certain amendments. Noted in map A2, the ntown area is not split, it might be disconnected from other neighborhoods tha' -)nsider themselves part of the greater downtown neighborhood. Councilmember Phan expressed the following maps ' , elevated: 775, '7567, 87613, 86566, and two maps recently submitted bl alition that have As. plurality district along with draft map A2, which al .as an Asian plurality di, ` In addition, inquired about, the prison populatior Redistricting Partners consultant Paul MitchL 'grified f' .ise of the Citizen Voting Age Population (CVAP) and the prison popula,. -1d% aent data (PPA). Noted that it is required by law that the top data set, kno� point data or moment in time for the decennial census that is used to determine t,, 'gig each of your wards are, is always going to be the prison ar' data set. The tL -,ta set will always be the PPA data. It has to be by law bG o pair Maps Ac,. Councilmember Phan requested L iclude r ,howing the communities, such as the Sullivan community ar. :outs )ast tvio.. Community, to be included on the maps reque-' ' ,hove. Redistricting ' ,ners coi Itant Paul `chell clarified that all maps need to be kept for thF xt ten years Dwever, as 'uested will elevate maps that meet the Asian pl, (y. Thus, no' to retain A2, E, and three additional maps mentioned by Counc.. tuber Ph -'-,/ i, they meet the criteria and give them lettered des. fior , the nen, .. ig. Councilmember Phan also requested to review the Sa. . Coalition maps to be elevated if they meet the criteria. .wayo► . 'em Be,- , asked that data for 86566 be clarified. The redistrict, matter v..i be placed on subsequent agendas to be discussed at 7 p.m. at upcorr, council meetings. 4ayor Sarmir ) closed the public hearing at 9:13 p.m. At,. r , council took items 32 and 8 out of order followed by item 4. 32. 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. City Council 2T — 21 irV2022 Continued from the December 7, 2021 and December 21, 2021 City Council meetings. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2022-XXX - Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (' '1 No. 2020029087), including adoption of environmental findings of fact pur, . it to the California Environmental Quality Act, adoption of a Statement of O, ,ding Considerations, and adoption of a Mitigation Monitoring and Rr Grogram. 2. Resolution No. 2022-XXX - Adopt a resolution approvin, aneral Pi, ' mendment No. 2020-06. 3. Resolution No. 2022-XXX - Adopt a resolution of .ings to overrule the Jo, Wayne Airport Orange County Airport Land UsF nmission's determination th, e Proposed General Plan Update is inconsiste, ,(h the Airpr -nvirons Land Use Plan. This action requires a minimum of five -mative , S. MINUTES: City Attorney Carvalho provided cour,, status update on Fair Political Practices Commission I-OPC) advice letter on a formal complaint submitted to FPPC. Moved by Councilmember Phan, cor A by L%. .;ilmember Lopez to Continue item to V - -qry 15, 202 YES: 7 - Her dez, Cou 'member, - CouncilmF ar, - Penalc , Councilme Mayor F, gym, - Sarrr' - nr NO: 0 ABSTAIN: 0 .T. 0 .jtatus. I - 0 - . 'ass -)pez, Councilmember, - Mendoza, )r, - Phan, Councilmember, - Bacerra, 33. Public Hearin, Propos,. i City of Santa Ana Events Permit Policy and Amendments to the Fiscal Yk 2021-2022 Miscellaneous Fees Resolution specific to Film Permits and Park Facili permits 7al Notice dished in the Orange County Reporter on January 7, 2022 and JL ry V j22. Depa. --nt(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2022-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. 2022-XXX - Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2021-22 specific to film permits City Council 22 — 22 1�W2022 and park facility permits. MINUTES: Mayor Sarmiento opened the public hearing at 10:47 p.m. Council discussion ensued and direction provided to staff. Executive Director of Parks, Recreation, and Community Agency' a Rudloff and Recreation and Community Services Manager Tirr y Pagano addressed council regarding the fee schedule. Councilmember Hernandez recommended to add langua_ j to the pc. 9s part of the motion. Executive Director of Parks, Recreation, and C aunity Agency Lisa Rudlo,. ;d that Councilmember Hernandez' language cr a added to ",e policy. Permit tea will be waived for the neighborhood associ, Seeing there were no speakers, Mayor Sarmient. J the public hearing at 10:58 p.m. This Business Item - Resolutwe -19-006 and 2. 007 were approved. Recessed the Council meeting an onven,, -essor Agency meeting at 10:59 p.m. Moved by r ncilmemk HernandE seconded by Mayor Pro Tern Bacerra to Adop` amended t Ad to Page action 2.0 of the policy the following language. ave work with the city recognized neighborho. se ,ations to acc..,nmodate facilities for monthly meetings a-' -necial ev, city recognized neighborhood associations should not be .w.;, <�s to u city owned facilities for meetings and/or city owned and/or cc.. lied pi. -ty for special events. Other fees may apply for special events dept 'ng upo, ether special factors, such as attendance utilize private secun—or Santa Ana Police Department traffic controlled concessionsh Dhol service, etc., and would like to see neighborhood ,ssociationVritized and accommodate them. YL ' - , nandez, Councilmember, - Lopez, Councilmember, - Mendoza, Cour, amber, - Penaloza, Councilmember, - Phan, Councilmember, - Bacerra, Mayor Nro Tem, - Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0 -0-0- Pass City Council 23 - 23 121$12022 COUNCILMEMBER REQUESTED ITEMS 34. Discuss and Consider Directing City Manager to Direct Staff to Explore a Policy Relating to Commemorative or Honorary Street Names — Councilmember Hernandez MINUTES: Majority of council supports and provided direction to City Staff. CITY MANAGER COMMENTS MINUTES: Wished all a happy first meeting of the new year. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or .ar expense, `pis is the time for members of the Council to provide a brief oral repo, attendan, ,r any regional board or commission meeting or any conference, meeting or ev. fitter A. MINUTES: Councilmember Hernandez thanked the residents �, ttended this meeting. Expressed excitement that his colleagues .mously supported -1norary street name. Expressed that he is happy that Juneteent, - home and a ce. tion that the City of Santa Ana is behind. Thanked his colleagues for t, supp, ""ants to ret, everyone to please wear masks and please get vaccinated. Offered cc -)fences a, -'nmands for justice for Valentina Orellana-Peralta. Council Member Lopez them �r Doan for y's words of inspiration. Spoke on the purpose of the upcoming Interne' a/ Holo(, t Memoriat /, January 27. Announced her upcoming office hours. Expressed he , idolences i fie Segerstr, family in the memory of Ruth Ann Segerstrom. Council Member Met, wi, , everyone a . y new year. Coup- Ohan tha, staff for their work with the sunshine ordinance changes. She ech .;ounce . 'per Lopt -ntiments on anti-Semitic violence. Spoke on the rise in violence ,ate crime dur,, e pandc 'lowards the Asian and Jewish communities. Wished all a Happy actin Luther King da, -)ted it is , .gay of reflection for her and thinking about his work. L -il Member Penalo, nvites everyone to a historic community meeting Saturday, January 22, 20, 00 a.m. at Cent vial Park. There will be a community meeting to start brainstorming the future q first dog c of the City of Santa Ana. Mayor Pro i ,erra thanked council for adjourning tonight's meeting in the memory of two long- term Santa An, asidents that passed away recently, Antoinette Louise Christenson and Ruth Ann Segerstrom Moriarty. Thanked Johanna Scillieri for her donation of a police K-9 police dog. Thanked the Public Works Director Nabil Saba for his help after hours. Thanked Public Works Agency Management Aide Yasmin Vazquez for her work on the winter village. Announced his monthly community hours. Wished everyone a happy new year and looks forward to great things on the council this year. City Council 24 — 24 MV2022 Mayor Sarmiento thanked the community members that came to the meeting tonight, thanked the staff for their hard work. Spoke regarding the school sub -committee. Adjourned in memory of Ruth Ann Segerstrom Moriarty and Antonette Louise (Bottari) Christensen. ADJOURNMENT — Adjourn the City Council meeting and convene to tv ,pecial Successor Agency meeting. MINUTES: Mayor Sarmiento adjourned the City Council meetin 4i716p.n, 10 Adjourn in memory of Ruth Ann Sege, )m Moriarty and Antonette Louise (BottarV ristensen City Council 29 — 25 121$12022 SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernar Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Ph - Phil Bace, Vicent, armiento Krist, 'ridge Sonia K. ,io Daisy Gon MINUTES: Mayor Sarmiento called the�'ecial - A ency meeting to order at 10.59 p.m. PUBLIC COMMF" S — Memb f the publiL jy address Successor Agency on items on the Special � ssor Ager . +"^rity age . MINUTES: No pu rr ,nts on Suc�6rAgency items. 6 I CONSENT CALENDAR 'COMMENDE1 XTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. 1. Ex, A A' ices Depar► it(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Successor Agency Meeting of January 19, 2021 Department(s): Clerk of the Council Office City Council 29 — 26 121$12022 Recommended Action: Approve minutes. 3. Recognized Obligation Payment Schedule for the Period of July 1, 2022 through June 30, 2023 Department(s): Community Development Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resol, . i approving the Recognized Obligation Payment Schedule for the period of July 1 �2 through June 30, 2023 pursuant to Part 1.85 of Division 24 of the California � a, Safety Code. MINUTES: This consent Item - Resolution No. 2022-107 was appro, Moved by Councilmember Mendoza, seconded I' .ayor Sarmiento to Approve. YES: 7 — Hernandez, Councilmember, — Lopez, Coin. Councilmember, — Penaloza, Councilmember, — Phan, Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 'embe Mendoza, ,ember, — Bacerra, Mayor **EN, + CONS► T CALENDAR** SUCCESSOR ' zNCY COW NTS MINUTES: None. ,JOURNMENT - 'journ try iccessor Agency meeting. `IUTES: Mayor Sa lento adjourned the Special Successor Agency meeting and re. Iened to the Or Regular Meeting at 11:00 p.m. to consider Councilmember requ d items, CP lanager comments, and Councilmember comments. City Council 27 — 27 121$12022 Community Development Agency santa-ana.org/cd Item # 8 twor City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Quarterly Report for Housing Division Projects and Activities AGENDA TITLE: Quarterly Report for Housing Division Projects and Activities for the period of October 2021-December 2021 RECOMMENDED ACTION Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 2021-December 2021. DISCUSSION This report for the quarter ending on December 31, 2021 provides statistics for all of the affordable housing projects and activities for the Housing Division. The report is divided into five sections: Loan Activity, Loan Portfolio Management and Monitoring, Renter Protections, Affordable Housing Funds and Commitments, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including down payment assistance for first-time homebuyers and rehabilitation grants for mobile homes and single-family homes. Inquiries are received from the public and applications are mailed out, received and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received and approved by type for the quarter and for the total fiscal year: Table 1: ADDlications Sent Out. Received & ADDroved Program Inquiries Applications Sent Out Applications Received Applications Approved Q2 Total FY Q2 Total FY Q2 Total FY Q2 Total FY Home Repair Grant Program 28 28 2 28 28 28 4 4 Homeownership / DPAP 52 68 40 56 1 3 0 2 Loan Subordinations 0 1 0 1 0 1 0 1 The number of applications received is typically lower than the number of applications City Council 8-1 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 2 sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify. The City of Santa Ana's Home Repair Program is designed to increase, improve, and preserve affordable housing through the use of federal Community Development Block Grant (CDBG) funds. The Program is administered by Habitat for Humanity of Orange County on behalf of the City. The program provides grants of up to $25,000 for eligible home repairs for low- and moderate -income homeowners at or below 80% of the Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). Eligible activities include the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. Down Payment Assistance Loan Program (DPAP) Progress For the Down Payment Assistance Loan Program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by HUD. During this quarter, staff conducted three down payment assistance virtual workshops via Zoom with a total of 62 attendees. One down payment assistance loan application was received and is pending review. During this quarter, the City Council approved an update to the Down Payment Assistance Loan Program and launched the "My First Home" Program to make the program more effective and attainable for low to moderate -income residents. The major update included an increase for the maximum loan amount available to low income buyers to $120,000 and for moderate -income buyers to $80,000. The launch of the "My First Home" Program was advertised by a City press release and on social media. It was also featured on a Telemundo news segment. Loan Portfolio Management & Monitoring The Housing Division is responsible for managing the residential loan portfolio which includes all of the loans entered into by the City and Housing Authority acting as the Housing Successor Agency. As of the end of the second quarter, the principal balance was $137,035,154.77. This is composed of 354 loans, of which 335 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $1,586,055.67 in payments of principal and interest during the second quarter. The amount of residual receipts payments changes every quarter. Table 2: Portfolio Revenue Funding Source HOME CDBG Redevelopment NSP CalHOME Loan Payoffs $263,220.29 $0 $915,825.00 $0 $3,718.00 Residual Receipts Payments $227,284.25 $0 $155,407.29 $0 $0 Amortized Loan Payments $2,130.73 $4,304.08 $14,166.03 $0 $0 Total for Q1 $492,635.27 $4,304.08 $1,085,398.32 $0 $3,718.00 City Council 8-2 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 3 Monitoring As part of the requirements for these loans, staff must monitor the owner -occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 56 owner - occupancy recertification letters were mailed and 33 were returned and processed. This number includes letters sent from previous months. On -site compliance monitoring of the tenant files was not conducted this quarter due to COVID-19. On -site compliance monitoring of the tenant files is scheduled to begin in January 2022. HUD had temporarily waived the requirement for ongoing periodic inspections of HOME -assisted rental housing through September 30, 2021. Staff is in the final stages of hiring a Residential Construction Specialist to also conduct ongoing periodic inspections. Renter Protections The Santa Ana City Council adopted two new ordinances to help protect renters: a Rent Stabilization Ordinance, which limits residential rent increases to the lower of 3% or 80% of consumer price index (CPI) per year, and a Just Cause Eviction Ordinance, which limits the allowed reasons for which a renter can be evicted. The new ordinances became effective on November 19, 2021, and expand on existing protections under the California Tenant Protection Act of 2019. Since then, flyers, frequently asked questions, and press releases have been circulated to the community. The City has also created a website devoted to the ordinances, which includes related documents and updates (www.santa-ana.org/renterprotections). City staff, in collaboration with the consultant (RSG), have conducted the following community workshops in English, Spanish, and Vietnamese to provide a general overview of the Ordinances: • #1 November 17, 2021: 70 attendees via Zoom • #2 December 8, 2021: 55 attendees (Spanish speakers) via Zoom • #3 December 22, 2021: 44 attendees via Zoom • #4 January 11, 2022: 35 attendees via Zoom The following workshops have also been scheduled: • #5 January 25, 2022 • #6 February 8, 2022 In the meantime, City staff and RSG have been responding to various inquiries via email and phone. Below is a breakdown on the number of inquiries received during this quarter. Month # of Inquiries October 2021 34 November 2021 231 City Council 8-3 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 4 December 2021 215 Total 480 Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to promote and facilitate the development of affordable housing as well as land assets held by the Housing Authority. Exhibit 1 provides a summary of the funds available as of December 30, 2021. Exhibit 2 provides a summary of available land assets. Housing Opportunity Ordinance On -Site Development: Since 2011, a total of 33 units have been developed on -site as a result of the ordinance, including 23 ownership units for -sale and 10 rental units: Units Built On -Site Ownership Rental Total 23 10 33 In -Lieu Fees Generated: All in -lieu fees, penalties and other monies collected pursuant to the Housing Opportunity Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $28,204,992 to be used for the development of housing affordable to low- and moderate -income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Housing Opportunity Ordinance. In -lieu fees generated have been used to develop new affordable housing opportunities, provide emergency shelter, and create homeownership opportunities. Below is a summary of how in -lieu fees have been used by the City: Project Inclusionary Housing # of Units Address Funds SPENT Santa Ana Arts $4,775,000 57 1666 N Main Street Collective Tiny Tim Plaza $1,300,000 50 2239 West 5th Street The Link Interim $4,140,295 N/A 2320 S Red Hill Emergency Shelter Avenue TOTAL $10,215,295 107 City Council 8-4 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 5 Project Inclusionary Housing # of Units Address Funds COMMITTED Habitat for Humanity "Lacy $565,271 2 416 Vance Street & 826 & Vance" N Lacy Street Westview House $1,514,113 84 2530 and 2534 Westminster Avenue WISE Place Steps to Independence Public $90,000 N/A N/A Service Program Down Payment $1,250,000 N/A N/A Assistance TOTAL $3,419,384 86 Affordable Housing Development Projects There are two affordable housing projects under construction, and four affordable housing projects in pre -development. Following approval by City Council, staff also issued an RFP for Affordable Housing Development on December 8, 2021 to finance the development of additional affordable housing projects. Below is a brief summary and status update for each project. Exhibit 3 provides a development timeline for each project. Projects under Construction Legacy Square (609 N Spurgeon Street) Developer National Community Renaissance with Mercy House as the service provider New construction of a 100% affordable multifamily apartment complex Description consisting of 92 units of rental housing and one manager's unit. All units will be affordable to households earning less than 60 /o AMI of which 33 units will be set -aside for permanent supportive housing. Authority Funds Eight Project -Based Vouchers (PBVs) Construction is currently underway. Specifically, the podium deck is 100% poured. Framing on the podium deck (2nd floor) at section's A & Update B are up. Community center and leasing area steel studs are framed. MEP's are underway under the deck and in the parking garage. The estimated completion date is February 2023. North Harbor Village (1108 N Harbor Boulevard) Developer Jamboree Housing Corporation Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing. City Council 8-5 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 6 City / Authority CDBG ($1,687,047); Eight -nine PBVs consisting of 34 HUD-VASH Funds PBVs and 55 non HUD-VASH PBVs. Construction is currently underway. Specifically, the following items have been completed: demolition of units, including dry wall removal; demolition of building exterior and existing parking lot; grading and pad Update certification of new community center building; grading of existing parking lot; fire sprinkler demolition; removal of existing insulation; removal of CMU wall; sewer work is done offsite; driveway entrance work complete. The estimated completion date is October 2022. Projects in Pre -Development Crossroads at Washington (1126 and 1146 E Washington Avenue) Developer Related Companies of California with A Community of Friends (ACOF) as co -developer and lead service provider New construction of a 100% affordable multifamily apartment complex Description consisting of 85 units of rental housing and one (1) manager's unit. All units will be affordable to households earning less than 30 /o AMI of which 43 units will be set -aside for permanent supportive housing. HOME Investment Partnerships Program ($3,007,489), Neighborhood City / Authority Stabilization Program ($1,297,693), sixty -five-year ground lease Funds agreement for 1126 and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) Seven Project -Based Vouchers (PBVs) The Developer continues to work with the City, County, and the California Department of Toxic Substances Control (DTSC) on supplemental environmental investigations. The City, County, and DTSC entered into a Standard Voluntary Agreement for further agency oversight. DTSC is preparing the Cleanup Plan for the project. Once Update the Cleanup Plan is made available, environmental cleanup can begin. With the help of the Developer, the Housing Authority and County submitted a pre -qualifying application for DTSC's Equitable Community Revitalization Grant (ECRG), which will provide funding for cleanup activities. The ECRG full application is expected to be released in January 2022 and awards are expected to be made in April 2022. FX Residences (801, 809, 809 % E Santa Ana Boulevard) Developer HomeAid Orange County, Inc. with Mercy House as the service provider New construction of an affordable multifamily apartment complex Description consisting of 16 units of permanent supportive housing, and one manager's unit. City / Authority Housing Successor Agency ($1,656,947), three PBVs, 99-year ground Funds lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000) Update On December 7, 2021, City Council approved an additional $587,000 from its Low and Moderate Income Housing Assets Fund due to an City Council 8-6 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 7 unanticipated increase in construction costs for the project. City Council also approved the project's Loan Agreement, 99-Year Ground Lease, Density Bonus Agreement, and Development Impact Fee Deferral Agreement. HomeAid Orange County will be submitting the first set of building permit drawings in January 2022. Habitat for Humanity (416 Vance Street & 826 N Lacy Street) Developer Habitat for Humanity of Orange County Description New construction of two single-family detached homes for homeownership serving households up to 120% AMI. City / Authority Inclusionary Housing ($565,271) and a 99-year ground lease Funds agreement for 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000) The Developer's Site Plan Review application was submitted in April Update 2021. Final approval of Site Plan Review was awarded and Grading Plans were submitted for review at the end of December 2021. Westview House (2530 Westminster Avenue) Developer Community Development Partners New construction of an affordable multifamily apartment development Description consisting of 85 units of both large family and PSH with one (1) manager's unit. Twenty-six of the units will be funded by PBV and MHSA funds through the NPLH program. City / Authority Inclusionary Housing ($1,514,113), HOME Investment Partnerships Funds Program ($2,003,705), Rental Rehabilitation Program ($386,523), and 26 Mainstream Program PBVs The developer received an award of 4% tax credits and bonds on Update December 8, 2021. The project is expected to close on their financing by early June 2022 and break ground. Regional Housing Needs Assessment Housing projects that have been approved, permitted, or received a certificate of occupancy after June 30, 2021 may be counted towards the 6th Regional Housing Needs Assessment (RHNA) Cycle (October 2021 to October 2029). Below is a summary of our progress to meet our 6t" RHNA Cycle requirements for affordable housing: City Council 8-7 2/1/2022 Quarterly Report for Housing Division Projects and Activities February 1, 2022 Page 8 RHNA 606 362 545 1,624 3,137 Total Pipeline' 414* 689 2 5,064 6,169 ADU Projections2 90 155 108 7 360 Moderate Pipeline 3 203 Balance to 102 -482 232 -3,244 -3,392 Accommodate 1.Pip.line projects include projects that have been approved, permitted, --wed .certificate of occupancy after June 30,2021. Afford.bilay levels for pipeline projects are all based an covenants and affordability restrictions that... part of project pp l hall on or anti dement. 2.The total Accessory Dwelling Unit projection is based on a conservative estimate (less than 65 percents of the permitted four-year average of 70 (2018-2021, extrapolating 2021 to a full years ADUs per year, multiplied by the planning period in nomber of years. The affordable category projections are based on the SLAG study on ADU affordability for Orange County that found the following percentages of orals fell into each respective affordability, category 25 percent very low; 43 percent low, 30 percent moderate; and 2 percent above moderate. 3.Moderate pipeline unit totals taken from total above moderate pipeline units and reclassified es moderate based on survey results. The 203 unitsthat were reclassified appear in the Total Plpeline but do not appear in the belance of ahave-moderate RHNA to accommodate, rather, have been carried over to the moderate category. .Atotalof281 units .reforextremelyvery-iow income: 44unitsin l S-ySquare; 85units .[Crossroads a[Washington;89onitsat North Harbor Village and 63 unitsat Westvlew House. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Available Funds for Affordable Housing Development Projects 2. Available Land Assets for Affordable Housing Development 3. Project Timelines Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 8-8 2/1/2022 Exhibit 1 Available Funds for Affordable Housing Development Projects As of December 31, 2021 Housing Successor Agency (Housing Authority) $4,761,168 Cash on Hand ($1,656,947) Frances Xavier Residence Project Pre -Commitment Loan' ($250,000) Administrative Costs Allowance 2 ($2,533,952) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment ° ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $0 Available Funds Inclusionary Housing Funds $16,519,602 Cash on Hand ($1,250,000) Down Payment Assistance Program 6 ($565,271) Lacy Street Project Grant 7 ($1,514,113) Westview House Pre -Commitment Loan 6 ($38,954) W ISEPlace Steps to Independence Program Agreement 9 ($3,117,044) Administrative Costs Allowance (CDA/PBA) $10,034,220 Available Funds HOME Program $8,524,405 Funds to Drawdown ($3,007,489) Crossroads at Washington Pre -Commitment Loan 10 ($60,150) Crossroads at Washington Project Costs ($2,003,705) Westview House Pre -Commitment Loan 8 ($40,074) Westview House Project Costs $3,412,988 Available Funds to Drawdown HOME -American Rescue Plan Program (PSH Projects Only) $5,256,327 Funds to Drawdown $5,256,327 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only) $241,905 Funds to Drawdown $241,905 Available Funds to Drawdown NSP Program (Abandoned, Foreclosed or Vacant Properties Only) $1,525,641 Funds to Drawdown ($1,297,693) Crossroads at Washington Pre -Commitment Loan 10 ($96,395) Crossroads at Washington Project Costs $131,553 Available Funds to Drawdown Rental Rehabilitation Grant Program $394,983 Cash on Hand " ($386,523) Westview House Pre -Commitment Loan 8 $8,460 Available Funds $19,085,452 Total Available Funds Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 17, 2021 (2nd Amendment to Option Agreement). Approved by Housing Authority on July 20, 2021. $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021 Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 2020. Approved by City Council on April 7, 2020. Approved by City Council on April 7, 2020. C ityprCgUtf ilable after close out of program with HUD. 8-9 _Q 2/ 1/2022 EXHIBIT 2 AVAILABLE LAND ASSETS FOR AFFORDABLE HOUSING DEVELOPMENT (1) 302 E. Twenty -Second Street a. APN:003-122-25 b. Lot Size: 27,817sf c. Current Zoning: R1 Single -Family Residence, which allows one house per lot. d. Parcel was acquired 10/30/2002 using Low and Moderate Income Housing Asset Fund - 20% Set Aside. e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway widening project. The site was vacant and undeveloped at the time it was acquired. f. General Plan: Low Density Residential, which allows single-family residences and ancillary uses. g. Maximum du/ac: Seven units per acre. h. Site Condition / Environmental Conditions: Property is irregular in shape, is below the minimum lot size for a residential lot, and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit. City Council 8 — 10 2/1/2022 EXHIBIT 3 Current Affordable Housing Development Project Timelines Projects Under Construction Legacy Square — 609 North Spurgeon Street Aug 18 Santa Ana CDA Funding Application Dec 18 Applied for NPLH and SNHP Funds Jan 19 Santa Ana funding award Feb 19 Planning entitlements approved Feb 19 Applied for Round 4 AHSC Funding May 19 Award of SNHP funds Jul 19 Applied for Round 1 MHP Nov 19 Applied for State 4% tax credits Jan 20 Construction drawings (8-12 weeks) Feb 20 Apply for Round 5 AHSC funding May 20 Apply for 4% tax credits May 20 Plan check (12-16 weeks) Jun 20 Award of AHSC funds July 20 Award of 4% Tax Credits July 20 Award of Tax -Exempt Bonds May 20 Plan Check (12-16 weeks) Jan 21 Building permit issuance Feb 21 Construction closing/syndication Feb 21 Begin construction (24 months) Jul 21 Groundbreaking Ceremony Feb 23 Construction complete June 23 100% fully leased (4 months) North Harbor Village — 1108 N. Harbor Mar 19 Start of design development Mar 19 Applied to FHLBSF for AHP Financing ($890,000) Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047) Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000) Jun 19 CEQA / NEPA Approval — City of Santa Ana Jun 19 AHP Award Date ($890,000) Aug 20 Applied to HCD for MHP 1st Round Funding ($13,316,412) Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000) Mar 20 Applied to HCD for MHP 2nd round funding Mar 20 Applied to OCHFT Financing ($2,292,920) City Council Page I ol 9-11 2/1/2022 EXHIBIT 3 May 20 Notified project did not receive 25t Round MHP funding May 20 Received OCHFT funding award ($2,292,920) Jun 20 Received VHHP funding award ($10,000,000) Jun 20 Submitted Plans for Ministerial Design Approval Jun 20 Applied for CDLAC tax exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation Nov 20 Ministerial Design Approval (upon completion of community meeting on 11 /4/2020) Oct 20 TCAC Allocation Oct 20 Start construction documents for rehab Nov 20 Submit first plan check Dec 20 Awarded Home Depot Grant Jan 21 Receipt of first plan check comments Jan 21 Submit second plan check Feb 21 Receipt of second plan check comments Feb 21 Submit third plan check Mar 21 Received permit ready Apr 21 Construction loan closing Apr 21 Pull Permits and start construction Oct 22 Construction complete Oct 22 Start of lease up Apr 23 Full occupancy Projects in Pre -Development Crossroads at Washinaton — 1126 and 1146 E. Washinaton Avenue Aug 19 Submitted PSH application to County Oct 19 Submitted for Planning entitlements Oct 19 Community meeting Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus Dec 19 NEPA EA City Approval — City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved Mar 20 TCAC 9% Application — 1st Round 2020 Jul 20 TCAC FCAA/9% Application — 2nd Round 2020 Oct 20 TCAC FCAA/9% Award — 2nd Round 2020 Mar 21 Submitted OCHFT PSH NOFA Application May 21 OCHFT PSH NOFA Award Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre -Qualifying Application Jan 22 Submit for 1st plan check Apr 22 DTSC ECRG Award City Council Page 2 ol 9-12 2/1/2022 EXHIBIT 3 Jul 22 City issues permit ready letter Jul 22 Start construction Oct 23 Construction complete Feb 23 Full occupancy FX Residences — 801, 809, 809'/2 E. Santa Ana Boulevard Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding Feb 19 Confirm with City staff that project site can yield additional units under existing zoning Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units) Mar 19 SNHP funding application submitted to County Apr 19 City staff to review revised conceptual design Apr 19 Begin development agreement May 19 Board of Supervisors meeting for SNHP funding Jul 19 Execute Development Agreement Jul 19 Formal awards letters for NPLH funding to be issued Aug 19 Initial planning submittal Sept 19 Sunshine Ordinance Meeting Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Jan 22 Building Permit May 22 Begin construction (grading, weather permitting) May 23 Completion of construction Habitat for Humanity — 826 N. Lacy Street & 830 Lacy Street ( 416 Vance Street) May 20 DDA signed June 20 Prepare grading plans Oct 20 Prepare architectural plans Oct 20 Submit Neighborhood Review Application Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application Dec 21 Submit grading/ Non -Priority WQMP Jan 22 Submit architectural plans Mar 22 Grading permit issued Mar 22 Commence Grading Apr 22 Building Permits issued May 22 Begin construction Apr 23 Anticipated construction completion Apr 23 Certificate of Occupancy / Closings City Council Pageo ol 9-13 2/1/2022 EXHIBIT 3 Westview House — 2530 Westminster Avenue Oct 19 City of Santa Ana RFP submittal May 20 OC 2020 Supportive Housing NOFA Submittal Dec 20 OC 2020 Supportive Housing NOFA award Jan 21 City of Santa Ana PBV Award Jan 21 Construction/permanent debt commitments Jan 21 Receive Entitlements Jan 21 No Place Like Home application Mar 21 OCHFT application May 21 OCHFT Award Jun 21 No Place Like Home commitment Sep 21 CDLAC/TCAC 4% application Dec 21 CDLAC/TCAC 4% award Jun 22 Close on construction financing Jun 22 Construction permits issued Jun 22 Construction start Feb 24 Construction complete July 24 All units Leased Nov 24 Perm Debt Conversion City Council — 14 2/1/2022 Public Works Agency www.santa-ana.org/pw Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Sidewalk Repair Program AGENDA TITLE Approve Amendment to the Construction Contract with CJ Concrete Construction, Inc. to Increase the Contract Amount by $1,105,789.50, for a New Estimated Total Project Delivery Cost of $1,700,000, to Perform Additional Concrete Repairs (Project No.22- 6970) (General and Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to amend the construction contract with CJ Concrete Construction, Inc. by an increase of $1,105,789.50 to perform additional concrete improvements, for a new estimated project delivery cost of $1,700,000. 2. Approve the revised Project Cost Analysis increasing project contingencies by $1,105,789.50, for a new estimated project delivery cost of $1,700,000. DISCUSSION The Public Works Agency's Maintenance Services Division is responsible for maintaining 400 miles of streets and 800 miles of sidewalks located within the City of Santa Ana. Staff evaluates the condition of damaged sidewalks, curbs, gutters, and driveways to identify uneven surfaces and cracks that may pose a risk to pedestrians. The goal is to improve safe walking accessibility for pedestrians and increase active modes of transportation, such as walking and biking. Additionally, this reduces the potential of liability claims and assists in complying with regulations set forth by the American with Disabilities Act. Procedures to mitigate these conditions include offset grinding, temporary asphalt ramping, and removal/replacement of damaged concrete areas. On November 16, 2021, the City Council awarded a contract to CJ Concrete Construction, Inc. for various concrete repair projects of damaged sidewalks, curbs, gutters, driveway approaches, and curb ramps. Prioritization of work is focused on areas with the highest concentration of needed repairs, with the intent of providing a proportionate level of service in each of the City's six council wards. The most recent concrete work was completed in the Riverview West (Ward 1), New Horizons (Ward 2), and West Floral Park (Ward 3) neighborhoods, with upcoming projects slated for Wilshire Square (Ward 4), City Council 9-1 2/1/2022 Sidewalk Repair Program February 1, 2022 Page 2 South Coast (Ward 4), Willard (Ward 5), Willits & Sullivan (Ward 5), Pacific Park (Ward 6), and Madison Park (Ward 6) neighborhoods (Exhibit 1). Funding in the amount of $1,200,000 was approved with the Adopted City Budget for FY 2021-22 for sidewalk improvements. The original construction delivery cost of $594,210.50 left a balance of $605,789.50 available for these additional concrete improvements to be delivered. Furthermore, on January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized a one-time spending plan to address ongoing issues and to improve service levels for the public. As a result, the sidewalk improvement program was allocated an additional $500,000 for FY 2021-22 and $1,000,000 annually in future funding. CJ Concrete Construction, Inc. has demonstrated a high level of professionalism and commitment to quality work as part of this contract. To deliver these additional concrete improvements promptly and capitalize on the favorable pricing of the existing contract with CJ Concrete Construction, Inc., staff recommends increasing the project contingencies by $1,105,789.50 for a new estimated project delivery cost of $1,700,000 (Exhibit 2). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-99 was filed for the project. FISCAL IMPACT As indicated in the revised Cost Analysis, the estimated total construction delivery cost of the project is $1,700,000. Funds for this project were approved and appropriated in FY 2021-22 in the amount of $1,200,000. The original construction delivery cost of $594,210.50 left a balance of $605,789.50 available for these additional concrete improvements. Furthermore, on January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized a one-time spending plan to address ongoing issues and to improve service levels for the public. As a result, the sidewalk improvement program was allocated an additional $500,000 for FY 2021-22. Fiscal Accounting Unit Fund Accounting Unit - Y Year - Account No. Description Account No. Amount (Project No.) Description ORIGINAL CONSTRUCTION DELIVERY COST 02917660- Special Gas Roadway Maintenance, 2021-22 62300 Tax Contract Services - $594,210.50 22-6970 Professional ADDITIONAL FUNDS (THIS ACTION) 02917660- Special Gas Roadway Maintenance, 2021-22 62300 Tax Contract Services- $605,789.50 22-6970 Professional City Council 9-2 2/1/2022 Sidewalk Repair Program February 1, 2022 Page 3 01117626- PWA Sidewalks- 2021-22 62300 General Service Enhancement, $500,000.00 (22-6970) Fund Contract Services - Professional Total $1,700,000.00 EXHIBIT(S) 1. Location Map 2. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 9-3 2/1/2022 EXHIBIT 1 GARDEN G711LVD W S fMINSTER AV 1 17TH ST 4'i 1 i 1 — — Wa CIVIC C1 INTER OR 1 O 2 i F J SANTA ANA SL m m 1 ST sr Location 43 at Wilshire Squa ❑ 1STST Neighborhood •�� G� F • MCFADDE AV 1 I.-. Location #4 at Willits & Sullivan N r p 1 Neighborhood EDINGER AV EDINGER AVI m VE TA AV W X a c7 N 2 FAlRHAVEN AV `m 1 1 7TIf ST a' ❑ 1 z 1N V N 3 x [7 a 2 Location 95 at Willard Neighborhood 1ST ST Location #6 ; ? at Pacific Park Y Neighborhood 7 1 r ti 1 MC FAD DEN AV Location #1 at Madison Park Neighborhood EDINGER AV VARNERAV Location #2 WARNER AV 6Y,� :1EGERSTRD N at South Coast m r Neighborhood y 1 AV DYER RD N WHL m w N j P tr p `1glTO 1�Q4 m 2• MACARTHUR BLVD ♦ R',gL t SUNFLOWER 'AV .y,9 1! b SANTAANA Project No. 22-6970. P�i Omnibus Concrete Repairs u PUBLIC WORKS AGENCY EXHIBIT 2 COST ANALYSIS PROJECT NO.22-6970: OMNIBUS CONCRETE REPAIRS EXPENDITURE ORIGINAL ADDITIONAL NEW TOTAL CATEGORY AMOUNT FUNDING Construction Contract $360,183.00 $360,183.00 Construction Administration, $54,027.50 $54,027.50 Inspection, Testing Contingencies $180,000.00 $1,105,789.50 $1,285,789.50 Total $594,210.50 $1,105,789.50 $1,700,000.00 City Council 9-5 2/1/2022 ?"i. Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Park Parking Lot AGENDA TITLE: Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Park Parking Lot RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with the Santa Ana Unified School District (SAUSD) to allow Washington Elementary school staff to utilize the Memorial Park east parking lot (46 spaces) for the period of February 2, 2022 through June 30, 2023, for an amount not to exceed $39,100, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION Washington Elementary school, located at 910 West Anahurst Place, is undergoing construction next year and is in need of a parking lot for their teachers. City staff, along with representatives from SAUSD, have prepared a license agreement (Exhibit 1) to allow Washington Elementary school staff to use the parking lot at Memorial Park. Below is an overview of the terms of the agreement: a) USE OF CITY FACILITIES: Washington Elementary school staff will utilize the Memorial Park east parking lot at 2102 S Flower Street, Santa Ana, CA 92707. b) TERM: The term of the agreement is February 1, 2022 through June 30, 2023, Monday through Friday, 6 a.m. to 6 p.m. c) FEE: SAUSD will pay parking costs, monthly, at a rate of $2,300, ($50 per parking space — 46) $39,100 total. d) Licensee will be responsible for opening the parking lot gates during usage times, be responsible for any loss, theft and/or vandalism to vehicles and parking lot area during usage time, and responsible for enforcing parking logistics and all clean up upon completion of their respective use of the area. City Council 10 — 1 2/1/2022 Proposed License Agreement between the City of Santa Ana and Santa Ana Unified School District for use of Memorial Parking Lot February 1, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City of Santa Ana will receive revenue in the amount of $39,100 from this 17-month license. Funds will be deposited in the following account for the specified years. Fiscal Year Accounting Unit -Account # Fund Description Accounting Unit, Account Description Amount FY 21-22 01113002-57361 General fund PRCSA Revenue- $11,500 Recreation Facility Rental FY 22-23 01113002-57361 General fund PRCSA Revenue- $27,600 Recreation Facility Rental EXHIBIT(S) 1. License Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 10 — 2 2/1/2022 LICENSE AGREEMENT BETWEEN CITY AND SANTA ANA UNIFIED SCHOOL r DISTRICT FOR USE OF PARKING LOT AT MEMORIAL PARK This LICENSE AGREEMENT ("Agreement") is dated as of February 1, 2022, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and the Santa Ana Unified School District ("Licensee"). RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, more specifically identified as 2102 S. Flower Street (APN ## 0 15- 160-0 0("the Property") also known as Memorial Park. City will allows Licensee to use a portion of the Property consisting of the east side parking lot, with approximately forty-six (46) parking spaces as depicted on Exhibit A ("License Area") during the term of this License Agreement. B. Licensee desires to use the License Area for purposes of parking during the License period ("Permitted Uses"). C. The City has agreed''to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE,, fbr and --in consideration of the mutual covenants and agreements herein contained and for other goo&and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: l . License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on February 2, 2022 for the Permitted Uses described in Recital B, upon the terns and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until June 30, 2023. The License may be terminated by the City or Licensee upon thirty (30) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. Licensee agrees to the following obligations during the term of this License: 1.1 Licensee will have access to the License Area, Monday- Friday 6 a.m. to 6 p.m.; 1.2 Licensee will be responsible for paying the License fee set forth in Section 6 of this Agreement, regardless of how many parking spots are actually used of a daily basis, 1.3 Licensee will be responsible for opening and closing the gates to the License Area Monday- Friday during the term of the License Agreement; 1.4 Licensee will be responsible for any loss, theft and/or vandalism to vehicles and parking lot area during usage time and l .5 Licensee shall be responsible for parking logistics. Pnge ] of 7 City Council 10 — 3 2/1/2022 2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 5. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, invitees, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. b. Fee. As consideration for this Agreement, Licensee shall pay City a total license fee of thirty-nine thousand one hundred dollars ($39,100) over the term of the License. Licensee shall pay two thousand and three hundred dollars ($2,300) per month starting February 1, 2022 and on the first of every month thereafter during the term of this License. Payment shall be made to "City of Santa Ana" and mailed to: City of Santa Ana Parks, Recreation and Community Services Agency Attention: Administrative Services Division 20 Civic Center Plaza, M-23 P.4. Box 1988 Santa Ana, CA 92702 7, AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area, Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's Page 2 of 7 City Council 10 — 4 2/1/2022 use and Licensee shall be responsible for detennnining whether the License Area is in such condition. In connection therewith, in, the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 8. Insurance. 8.1 Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: 81.1 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. 8.1.2 Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Licensee has no owned autos, hired, (Code 8) and non -owned autos (Code 9),, with limitno less than $1,0000000 per accident for bodily injury and property damage. 8.1.3 Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,060 per accident for bodily injury or disease. 8.2 If the Licensee 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 Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 8.3 The insurance policies are to contain, or be endorsed to contain, the following provisions: 8.3.1 Additional Insured Endorsement- 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 Licensee Parties use of the License Area. General liability coverage can be provided in the Page 3. of 7 City Council 10 — 5 2/1/2022 form of an endorsement to the Licensee's insurance. 8.3.2 Primaiy Coverage- For any claims related to this License, the Licensee'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 Licensee's insurance and shall not contribute with it. 8.4 Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 8.5 Waiver of Subrogation- Licensee hereby grants to City a waiver of any right to subrogation, which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 8.6 Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require theLicensee to purchase 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. &7 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. 8.8 Verification of Coverage- Licensee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all pdy endorsements to City before work begins. However, failure to obtain the required documents prior to the work Pai4e 4 of 7 City Council 10 — 6 2/1/2022 beginning shall not waive the Licensee's obligation to provide them. 8.9 The City reserves the right to require con-iplete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8.10 Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer., coverage, or other special circumstances. 9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the. License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such. claim, Licensee; upoti receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel. reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a fading of liability or an obligation to, indemnify shall not be: a condition precedent to the duty to defend. The provisions of this Section 10 shall survive the termination or expiration of this Agreement. 10, Miscellaneous, 10.1 Entire. Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 10.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the retraining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 10.3 No Assignment, Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express ptior written consent of City, which consent may be withheld in City's sole and absolute discretion. Page 5 of 7 City Council 10 — 7 2/1/2022 10.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 10.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 10.6 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 10.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, rettu-n receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensor: Santa Ana Unified School District Attn: Jeremy Cogan Director of Facilities Planning 1601 East Chestnut Avenue Santa Ana, CA 92701 If to City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-3 0) P.O. Box 1988 Santa Ana, CA 92702-1988 10.8 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA ATTEST Kristine Ridge Daisy Gomez City Manager Clerk of the Council [Signatures continue on the next page] Page 6 of 7 City Council 10 — 8 2/1/2022 APPROVED AS TO FORM Sonia R. Carvalho City Attorney Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency LLCENSEE By: Its: Page 7 of 7 City Council 10 — 9 2/1/2022 Rim Ala 2 _ '& .� .." ?I� S ... _.-- - - _. .,_• . �� as ol3 S .� ... } � a tk f l it IL a.1 MaiIRA SA _ f ' N _ w i u ih �. I T.". I �• i �. - ' `7:_ Aaed jei oeuy,-diuncuzy- es 4MI it _.� _. rit�1.•—•ur-art--:,'mot.- - -.e a� � ...L _. ..--_ �- �:....�."_�' Police Department www.santa-ana.org/pd Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS) AGENDA TITLE: Approve an Agreement with the County of Orange for Continued Access to the Countywide Coordinated Communications Public Safety Radio System RECOMMENDED ACTION Authorize the City Manager to execute the new Joint Agreement with the County of Orange for the Operation, Maintenance and Financial Management of the Orange County 800 MHz Countywide Coordinated Communications System, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The 800 MHz communications system allows all police, fire, public works, and marine safety agencies in Orange County to share a common radio system, yet provides agencies with their own distpatch and tactical channels. On September 19, 1995, the original Joint Agreement for the Implementation and Operation of the 800MHz Countywide Coordinated Communications System (CCCS) was executed. The Orange County Sheriff -Coroner Department's Technology Division maintains the 800MHz CCCS, which provides centralized, interoperable voice radio communications for the County and its partner agencies, including all public safety and public service agencies, as well as several private, state, and federal agencies that provide support to the above agencies and/or have relevant communications requirements. The CCCS partnership funds the 800MHz CCCS in accordance with the financial requirements outlined in the Agreement. On November 23, 2004, the current Agreement for the Operation, Maintenance and Financial Management of the CCCS was entered into by the County, its 34 cities, and other partnership agencies, replacing the original 1995 Agreement and subsequent 2003 amendment with the intent to define the post -implementation operational, technical and financial requirements and guidelines for the CCCS going forward. On June 2, 2015, The Orange County Board of Supervisors approved the Agreement currently in place. The proposed new Agreement establishes the technical, operational, and financial requirements for all agencies participating in the CCCS. It includes establishing financial City Council 11 — 1 2/1/2022 Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS). February 1, 2022 Page 2 parameters for the year-to-year costs and the costs of necessary system upgrades in the future. It also includes establishing Bylaws for the Governance Committee. The new Agreement was presented at the Governance Committee Meeting on April 28, 2021. The Committee approved the rewrite and recommended submitting it to the Orange County Board of Supervisors for approval. The rewritten Agreement was presented to the City Managers of the Partner Agencies to seek input and revisions. All revisions received were incorporated into the document. The annual cost for this service is determined by the number of radios on the system. The Police Department, Public Works, Planning and Building, and Parks and Recreation all use radios on the system. The current annual cost is $240,000; this cost will increase to $277,514 due to changes in the cost -sharing formula as agreed upon by the partner agencies. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $120,000 are budgeted and available for expenditure in the current fiscal year. Fiscal Year Accounting Unit Accounting Unit, Account Amount - Account # Description 2021-22 01114465-62300 Police Department, $98,220.00 Communications - Contract Svcs 2021-22 01113230-62300 Parks and Recreation Department, $1,505.00 Contract Svcs 2021-22 01116520-62300 Planning and Building, $4,806.00 Building Safety - Contract Svcs 2021-22 01116540-62300 Planning and Building, $2,854.00 Code Enforcement - Contract Svcs 2021-22 06017640-62300 Public Works, $7,059.00 Water Services - Contract Svcs 2021-22 07517100-62300 Public Works, $1,352.00 Fleet - Contract Svcs 2021-22 06817640-62300 Public Works, $338.00 Environ. Sanitation - Contract Svcs City Council 11 — 2 2/1/2022 Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS). February 1, 2022 Page 3 Public Works, 2021-22 06817641-62300 Roadway Cleaning/Graffiti- $976.00 Contract Svcs 2021-22 01117643-62300 Public Works, $488.00 Street Trees - Contract Svcs 2021-22 01117620-62300 Public Works,Traffic $1,051.00 & Transp.- Contract Svcs Public Works, 2021-22 08617613-62300 Const. (CIP) Engineering- Contract $1,051.00 Svcs 2021-22 10117601-62300 Public Works,Admin. $150.00 Services - Contract Svcs 2021-22 10117605-62300 Public Works,Development $150.00 - Contract Svcs Total $120,000.00 Funds in the amount of 277,514 will be included in the budget process in subsequent fiscal years as follows: Accounting Unit - Account # Accounting Unit, Account Description Amount 01114465-62300 Police Department, $227,152.00 Communications - Contract Svcs 01113230-62300 Parks and Recreation Department, $3,473.00 Contract Svcs 01116520-62300 Planning and Building, $11,114.00 Building Safety - Contract Svcs 01116540-62300 Planning and Building, $6,599.00 Code Enforcement - Contract Svcs 06017640-62300 Public Works, Water Services - Contract Svcs $16,324.00 07517100-62300 Public Works, $312.00 Fleet - Contract Svcs 06817640-62300 Public Works, Environ. Sanitation - Contract $781.00 Svcs City Council 11 — 3 2/1/2022 Joint Agreement with the County of Orange for the 800MHz Countywide Coordinated Communications System (CCCS). February 1, 2022 Page 4 06817641-62300 Public Works, $2,258.00 Roadway Cleaning/Graffiti- Contract Svcs 01117643-62300 Public Works, $1,129.00 Street Trees - Contract Svcs 01117620-62300 Public Works,Traffic $2,431.00 & Transp.- Contract Svcs 08617613-62300 Public Works, Const. (CIP) Engineering- $2,431.00 Contract Svcs 10117601-62300 Public Works, $347.00 Admin. Services - Contract Svcs 10117605-62300 Public Works,Development $347.00 - Contract Svcs Total $277,514.00 EXHIBIT(S) 1. Joint Agreement Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 11 — 4 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 1 of 83 JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800-MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This agreement is entered into on, t2021, by and between the executing Partner agencies. This agreement replaces the 2005 Agreement as amended, and to the extent there is a conflict, this Agreement controls. RECITALS: Whereas, the Next Generation installation and implementation of the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) has been completed; and, Whereas, the original Joint Agreement for the Operation, Operation Maintenance, and Financial Management of the Orange County 800 MHz Countywide Coordinated Communications System was executed September 19, 1995, and related Amendments Nos. 1, 2, 3, 4, 5, and appropriate change orders thereto followed (the "1995 Joint Agreement"), and; Whereas, a subsequent Joint Agreement for the Operation, Operation Maintenance, and Financial Management of the Orange County 800 MHz Countywide Coordinated Communications System was executed in November 2005, and related Amendments Nos. 1 and appropriate change orders thereto followed (the "2005 Joint Agreement"), thereby superseding the original 1995 Joint Agreement, and; Whereas, the Partner agencies now desire to execute a new Joint Agreement (the "2021 Joint Agreement") to supersede all previous Joint Agreements; and, Now, therefore, in consideration of the mutual covenants, conditions, agreements, and stipulations hereinafter expressed, the Partner agencies hereby agree as follows: 1 City Council 11 — 5 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 2 of 83 Contents 1.0 GENERAL........................................................................................................................................4 1.1 System...........................................................................................................................................4 1.2 Definition of Terms....................................................................................................................... 4 1.3 Amendment Process......................................................................................................................6 1.4 Liability.........................................................................................................................................6 2.0 GOVERNANCE COMMITTEE...................................................................................................... 7 2.1 Governance Committee Authority ................................................................................................7 2.2 Governance Committee Member Appointment............................................................................ 7 2.3 Governance Committee Purpose................................................................................................... 7 3.0 MEMBERS TO THE SYSTEM....................................................................................................... 8 3.1 Lead Agency................................................................................................................................. 8 3.2 Partner Agencies........................................................................................................................... 8 3.2.1 New Partner Agencies........................................................................................................... 8 3.2.2 Sponsored Agencies..................................................................................................................9 3.3 Mutual Aid Agencies.................................................................................................................... 9 3.3.1 Mutual Aid Agency Approval Process: ................................................................................ 9 3.3.2 Mutual Aid Agency Access and Limitations......................................................................10 3.3.3 Mutual Aid Agency Financial Responsiblities...................................................................10 4.0 SYSTEM ADMINISTRATION.....................................................................................................10 4.1 System Equipment......................................................................................................................10 4.2 System Subscriber Equipment....................................................................................................10 4.3 Dispatch Centers.........................................................................................................................10 4.3.1 Dispatch Center Equipment................................................................................................11 4.3.1.1 Dispatch Center Required Equipment Upgrades............................................................11 4.3.1.2 Dispatch Center Non -Required Equipment Upgrades....................................................11 4.4 System Modifications.................................................................................................................11 4.4.1 System Modifications requiring Governance Committee Approval...................................11 4.4.2 System Modification by Lead Agency................................................................................12 4.4.3 System Modifications requested by Partners Agencies......................................................12 4.5 Security .......................................................................................................................................12 4.6 Maintenance & Service Contracts...............................................................................................13 4.7 System Standard Operating Procedures......................................................................................13 4.8 Partner Agency Operational Policies and Procedures.................................................................13 2 City Council 11 — 6 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 3 of 83 5.0 FINANCIAL ADMINISTRATION...............................................................................................13 5.1 Governance Committee Financial Authority ..............................................................................13 5.2 Partner Agencies Financial Obligations......................................................................................13 5.2.4 Mutual Aid Agencies..........................................................................................................14 5.3 System Operations Budget..........................................................................................................15 5.3.1 Partner Agency Cost...........................................................................................................15 5.3.2 Payment Remittance...........................................................................................................15 5.4 Year End Settlement...................................................................................................................15 5.5 Ten -Year Plan.............................................................................................................................15 5.6 Reserve Fund..............................................................................................................................16 5.6.1.1 Contributions by Partner Agencies.....................................................................................16 5.6.1.2 System Entry Fees..............................................................................................................16 5.6.1.3 System Operation Budget Surplus......................................................................................16 5.7 System Modification Cost...........................................................................................................16 3 City Council 11 — 7 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 4 of 83 1.0 GENERAL 1.1 System The 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) will be referred to as the "System." The System shall be maintained by the Orange County Sheriff - Coroner Department's Technology Division (hereinafter referred to as "Lead Agency"). 1.2 Definition of Terms • "System" is defined as a multichannel digital trunked radio communications system enabling interoperability among all participating City and County law, fire, public works, and lifeguard/marine safety departments. The System components also include transmitting /receiving sites, microwave networks, IP networks, dispatch consoles, control stations, and field equipment (mobile and portable radios). • "Governance Committee" is established by the Board of Supervisors and Partner Agencies to the Joint Agreement to facilitate the operation, maintenance, and financial management of the system. The Governance Committee is comprised of nine (9) members as identified in the Governance Committee Bylaws, attached hereto as Attachment A. • "Governing Authorities" are the City Councils, the Orange County Board of Supervisors, and the Orange County Fire Authority Board of the Partner Agencies, responsible for approving certain substantive modifications or amendments to this agreement where such approval authority has not been expressly delegated to the Governance Committee. • "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, including, but not limited to: Orange County Sheriff -Coroner Department, Orange County City Police Departments, Orange County District Attorney's Office, and Orange County Probation Department. • "Lead Agency" is designated to be the Orange County Sheriff's Department (OCSD) Technology Division that will be responsible to manage, maintain, and enhance the System and its respective Standard Operating Procedures (SOP). • "Marine Safety" is defined as and shall include all governmental and private lifeguard agencies operating primarily within the limits of Orange County. 4 City Council 11 — 8 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 5 of 83 • "Member Agency" is defined as an agency authorized by the Governance Committee to use the System. Members include the Lead Agency and Partner Agencies. • "Mobile Radio" is defined as two-way radio equipment installed in a vehicle to provide communications for the vehicle operator. • "Mutual Aid Provider" is any governmental organization not otherwise defined in this Afreement that will provide short term assistance across jurisdictional boundaries during an emergency or planned event that exceeds local resources. Mutual aid use of the System will be restricted to the timeframe of the mutual aid incident. • "New Partner Agency" are Partner Agencies added after the adoption of this Joint Agreement. • "Parties" are all those entities that are authorized users of the System and have signed this agreement. • "Partner Agency" are authorized subscribers to the system who agree to share in the System Operational Costs to administer, maintain, and upgrade the technology by providing recurring rate schedule payments. • "Portable Radio" is a two-way radio equipment that is rechargeable, and handheld or belt carried. • "Radio Site" is defined as a location, which consists of a building, systems within the building, and a tower. • "Sponsored Agency" is any agency approved to use the System under sponsorship of a Partner Agency. • "Sponsoring Partner Agency" is a Partner Agency that wishes to sponsor a Sponsored Agency. • "Subscriber Unit" is defined as the subscriber radios and other devices that utilize the System. This includes dispatch operator positions, mobile radios, portable radios, cellular based devices and any other device that allows a user to communicate over the System. • "System infrastructure" is defined as all associated radio and support equipment required to establish a radio network on which user radios can operate to communicate throughout the County of Orange. System infrastructure includes, but is not limited to, servers, switches, routers, data lines, base station radios, microwave technology, and firewalls. • "System Operational Costs" are the expenses required to administer, maintain, and update the System. City Council 11 — 9 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 6 of 83 • "System Modification" is any change in operational procedure or technology that requires alteration to the System. • "System Subscriber Equipment" is defined as all equipment used to support user access to the System including Subscriber Units and other supporting equipment such as dispatch center console equipment, antennas, batteries, etc. • "System User" is defined as an individual or agency apthorized to access the System. • "System Watch Network Operation Center" is a Lead Agency staffed support center responsible for the 24/7 support of the System. This includes but not limited to, live monitoring, notifications, troubleshooting, callouts, and repair. • "Talkgroups" are used to identify groups of users who communicate together on a trunked radio system. 1.3 Amendment Process The Governance Committee is authorized to make future updates, amendments, or modifications to the Agreement and its attachments without further action of the Governing Authorities, so long as the updates, amendments, or modifications to the Agreement and its attachments would result in minor, non -substantive changes that do not create or increase the financial obligations of the Partner Agencies. Where the Governance Committee is authorized to make such updates, amendments, or modification, such delegated authority shall be expressly granted in this agreement. This agreement may also be amended or modified by the consent of all of the Governing Authorities representing the Partner Agencies. 1.4 Liability Each Party of this Agreement (the "Indemnitor") shall indemnify, defend, and hold all other Parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this agreement which acts or omissions constitute gross negligence. 1.5 Withdrawal from System Any Party may withdraw from this Agreement by serving written notice to the Governance Committee of their intent to withdraw. Due to the cost distribution model used to fund the operation of the System, any Party withdrawing from this Agreement will financially impact the remaining Parties. As such, Parties wishing to withdraw from this Agreement shall do the following: 1) Withdrawing Party provides written notice twelve months prior of withdrawal after meeting its financial obligations under this agreement. City Council 11 — 10 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 7 of 83 2) Withdrawing Party will attend the Governance Committee meeting following their submittal to discuss withdrawal process. 3) Withdrawing Party will work with the Lead Agency to effect the withdrawal. 4) Withdrawing Party will make all Operational Cost payment obligations for the full fiscal year of the withdrawal. 5) Withdrawing Party will be responsible for all Lead Agency Costs associated with the withdrawal process. Withdrawing Party will not be responsible for any financial obligations assumed by the other Partner agencies subsequent to withdrawal and upon fulfillment of existing financial obligations. Similarly, it is understood that the County of Orange has ownership of the System and certain sites as well as FCC licenses presently issued to the County, and upon any withdrawal by any Parties to the Agreement, any and all right, title, and interests in the System, those sites and FCC licenses shall remain with the County. Should the County of Orange wish to withdraw, an orderly transition to the remaining Parties must be affected. 2.0 GOVERNANCE COMMITTEE 2.1 Governance Committee Authority The Governance Committee shall be governed in accordance with the Governance Committee Bylaws attached hereto as Attachment A. Any future updated revisions or amendments to the Governance Committee Bylaws shall be deemed adopted by this agreement without further action of the Governing Authorities. 2.2 Governance Committee Member Appointment The Governance Committee shall be comprised of nine (9) members, as identified below. It will also be responsible for coordinating with their appropriate associations/agencies on issues involving the appropriate Governing Authorities approvals: • Four City Managers appointed by the Orange County City Managers' Association • Orange County Chief Executive Officer, or Designee • Orange County Sheriff -Coroner, or Designee • Orange County Public Works Deputy Director, or Designee • Orange County Chief of Police & Sheriffs Association (OCCOPSA) Chief or Designee not from a city currently represented on the governance committee • Orange County Fire Chiefs Association (OCFCA) Fire Chief or Designee not from a city currently represented on the governance committee 2.3 Governance Committee Purpose The Governance Committee oversees all aspects of the implementation, operation, and fiscal management of the system, including but not limited to, the following: • Approving System operational policies • Addressing System operational issues 7 City Council 11 — 11 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 8 of 83 • Resolving operational policy or fiscal matter disputes of Partner Agencies. • Addressing System facilities development • Reviewing and approving modification and enhancement plans • Approving contract pricing changes • Approving Annual System Operational Budget and Cost Sharing Allocations. • Approving 10 year capital plans and allocation of Reserve Fund for required upgrades. • Approving New Partner Agencies. • Approving Sponsored Agencies. 3.0 MEMBERS TO THE SYSTEM Members are all agencies authorized by the Governance Committee to use the system and who have signed this agreement. 3.1 Lead Agency The lead agency is designated to be the Orange County Sheriff's Department Technology Division and will manage, maintain, and enhance the system. Lead Agency is responsible for System Administration as outlined in Section 4 below. 3.2 Partner Agencies Partner Agencies are authorized subscribers to the System who have signed this Joint Agreement or added as New Partner Agencies via the process outlined in 3.2.1 below. Partner agencies agree to share in the System Operational Costs and System Maintenance Costs as outlined in Section 5 below. 3.2.1 New Partner Agencies Agencies that wish to become an authorized subscriber to the System may be added as a New Partner Agency via the following steps: 1) The prospective New Partner Agency submits an official request, in writing, to the Lead Agency requesting to join as a Partner Agency. 2) Lead Agency gathers additional information from requesting New Partner Agency to determine the feasibility of the request and the potential impact on the System operation and the existing Members. 3) The Lead Agency processes the request to obtain approval. 4) Lead Agency presents the request to the Governance Committee along with previous approvals from appropriate Governing Authorities. Governance Committee will determine final approval or denial of the request. 5) Once all approvals have been obtained, requesting New Partner Agency will execute a copy of this agreement along with the associated New Partner Agency forms identified in Attachment B. 6) The approved New Partner Agency will purchase necessary radio equipment and arrange to pay associated New Partner Agency costs described in in 5.2 below. City Council 11 — 12 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 9 of 83 3.2.2 Sponsored Agencies Partner Agencies may, with Lead Agency review and Governance Committee Approval, sponsor non -partner agencies to participate in the system. 3.2.2.1 Sponsored Agencies Approval Process: 1) Sponsoring Partner Agency submits to the Lead Agency an official written request to add a Sponsored Agency. 2) Lead Agency gathers relevant information from Sponsoring Partner Agency to determine the feasibility of the request and the potential impact on the System Operation and the existing Members. 3) Lead Agency reviews all available information to determine the feasibility of the request to add the Sponsored Agency. Lead Agency shall work with the Sponsoring Partner Agency to determine the additional costs to the Sponsoring Partner Agency. 4). Lead Agency presents the request to the Governance Committee at a Governance Committee Meeting. Governance Committee shall approve or deny the addition of the Sponsored Agency. 3.2.2.2 Sponsored Agency Access and Limitations Sponsored Agencies are only allowed access to use the common talkgroups/channels and select agency specific talkgroups/channels of the sponsoring Partner Agency, as recommended by the Lead Agency and approved by the Governance Committee. Sponsored Agencies do not have a role in defining the operation of the System. The inclusion or exclusion of Sponsored Agencies in the System will be determined by the Governance Committee and will be reviewed annually or as needed. Partner Agencies shall be responsible for any System use by a Sponsored Agency. Sponsored Agencies must use the same common talkgroups as the sponsoring Partner Agency. 3.2.2.3. Sponsored Agency Financial Responsibilities Sponsored Agency financial responsibilities are outlined in section 5.2.4 below. 3.3 Mutual Aid Agencies Certain governmental agencies may, with Lead Agency review and Governance Committee Approval, be granted access to the System for the express purpose of providing mutual aid to Partner Agencies. Mutual Aid agencies are limited to and identified within ATTACHMENT C 3.3.1 Mutual Aid Agency Approval Process: 1) Any Partner Agency may submit to the Lead Agency an official written request to add a Mutual Aid Agency. 9 City Council 11 — 13 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 10 of 83 2) Lead Agency gathers relevant information to determine the feasibility of the request and the potential benefit to existing Partner Agencies and overall public safety in Orange County. 4) Lead Agency presents the request to the Governance Committtee at a Governance Committee meeting. The Governance Committee shall approve or disapprove the addition of the Mutual Aid Agency. 3.3.2 Mutual Aid Agency Access and Limitations Mutual Aid Agencies are only allowed access to use the common talkgroups/channels and the mutual aid channels associated with other systems that are included in our radio programming. Mutual Aid Agency use of the System is restricted to the actual duration of a mutual aid incident. Mutual Aid Agencies do not have a role in defining the operation of the System. The inclusion or exclusion of Mutual Aid Agencies in the System will be determined by the Governance Committee and will be reviewed annually or as needed. 3.3.3 Mutual Aid Agency Financial Responsiblities Mutual Aid Agency financial responsibilities are outlined in section 5.2.5 below. 4.0 SYSTEM ADMINISTRATION The Lead Agency shall have the authority and responsibility to maintain the proper operation of the System. The Lead Agency shall be responsible for maintaining, managing, and operating the System, which includes staffing the System Watch Network Operations Center on a continual basis (e.g., 240065), assuring the seamless operation of the System. 4.1 System Equipment The Lead Agency shall approve and evaluate all equipment and new technology for use with the system to ensure that it meets the requisite technical standards and requirements. Approved equipment must meet the standards set by the Federal Communication Commission as well as any Federal, State, and Local Laws. 4.2 System Subscriber Equipment Each Member Agency is responsible for the maintenance, management, and operation of its System Subscriber Equipment. A Member Agency may establish a System Subscriber Equipment maintenance contract with the Lead Agency. Prior to making any modifications to System Subscriber Equipment, including but not limited to adding radios or alteration to dispatch center equipment, Member Agencies must request such modifications to be reviewed and approved by the Lead Agency as outlined in section 4.4. 4.3 Dispatch Centers Member Agencies may operate their own Dispatch Centers at their discretion. Individual Member Agencies that manage their own Dispatch Centers shall be responsible for the day to day maintenance, management, and operation of those Dispatch Centers, equipment and associated facilities. Day to day dispatch operations and protocols shall be left to the individual Members 10 City Council 11 — 14 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 11 of 83 Agencies. The Lead Agency will not be responsible for the maintenance or management of Members Agencies' individual Dispatch Centers unless a Member User contracts with the Lead Agency for maintenance, management, or operations. 4.3.1 Dispatch Center Equipment Dispatch Center Equipment must meet the technical standards as outlined in Section 4.1. 4.3.1.1 Dispatch Center Required Equipment Upgrades The Governance Committee may mandate equipment upgrades for Member Agencies Dispatch Center Equipment. If the Governance Committee mandates an Equipment Upgrade to Members Agencies' Dispatch Center Equipment, then the Members Agencies must upgrade their equipment as directed by the Governance Committee. 4.3.1.2 Dispatch Center Non -Required Equipment Upgrades Members Agencies may upgrade their Dispatch Center equipment and associated facilities at their own cost without coordination with the Lead Agency so long as the upgrade will not adversely affect the System itself. However, Member Agencies must coordinate with the Lead Agency as outlined in the System Modifications section 4.4, below, when upgrading or modifying any Dispatch Center equipment vital to the operation of the System. Dispatch Center Equipment modification requiring coordination with the Lead Agency includes, but is not limited to: computer equipment, software, consoles, routers, switches, gateways, firewalls, control stations, and antenna systems. 4.4 System Modifications The System will require occasional routine modifications, which shall be conducted as outlined in this section. 4.4.1 System Modifications requiring Governance Committee Approval The following System Modifications require the pre -approval of the Governance Committee, as outlined in the Governance Committee By -Laws: A. Addition of any New Member Agencies to the System. B. Any modification that adds a financial burden shared by the Member Agencies. C. Any modification that would affect a System User other than the requesting Member Agency. The Lead Agency is required to provide a report and recommendation to the Governance Committee on any proposed System Modification that requires Governance Committee approval. The Lead Agency report and recommendation must provide a financial analysis of the System Modification, if appropriate, and an estimated timeline to complete the System Modification. The Lead Agency is responsible for implementing any Governance Committee approved modification. 11 City Council 11 — 15 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 12 of 83 4.4.2 System Modification by Lead Agency The Lead Agency is authorized to perform System Modifications, as necessary. The Lead Agency has the discretion to implement System Modifications without prior Governance Committee Approval, so long as the modification does not require Governance Committee approval as listed in Section 4.4.1 of this agreement, and does not cause unanticipated or unbudgeted costs to Member Agencies. 4.4.3 System Modifications requested by Partners Agencies Partner Agencies may request system modifications. System Modification requests from Partner Agencies must be submitted in writing to the Lead Agency for review and approval. If the Lead Agency grants a Partner Agency modification request, and the request does not require Governance Committee Approval as outlined in Section 4.4.1, then the Lead Agency shall provide the Partner Agency with a formal approval, including all costs of the requested modification. If a Member Agency agrees with the official permission, the Member Agency may request the Lead Agency to implement the System Modification. Any and all costs associated with implementing the System Modification will be the sole responsibility of the System User requesting the modification. If a Member Agency modification request requires Governance Committee approval per Section 4.4.1 above, then the Lead Agency and the Member Agency requesting the modification shall present the modification request to the Governance Committee for approval. The modification request shall include the reason for the modification, the Lead Agency's recommendation and cost analysis of implementing the modification. 4.4.4 Appeal of Modification Request Denial If the Lead Agency denies a Member Agency's modification request, the Lead Agency shall provide the Member Agency, in writing, the reasons for the denial. Members Agencies may submit a written appeal of the decision of the Lead Agency to the Governance Committee within 90 days of the denial notification. The Lead Agency will ensure the appeal is added to the next Governance Committee meeting agenda for action. 4.4.5 Notification of System Modifications to Governance Committee Lead agency is required to provide a list of implemented, pending and requested System Modifications at each Governance Committee Meeting. 4.5 Security The Lead agency has in place a Security Plan for the System (Attached as Attachment D.) Member Agencies and System Users are required to protect the security of the System as set forth in the Security Plan. System Users are required to contact System Watch for any actual or potential security breach to the System as soon as the actual or potential security threat is known. The Lead Agency must evaluate any reported security breaches and is authorized to implement measures to remediate the 12 City Council 11 — 16 2/1/2022 Attachment A - .Joint Agreement for 800 MHz CCCS Page 13 of 83 security breach. If appropriate, the Lead Agency shall inform the Governance Committee of any reported breach and steps taken to remediate. 4.6 Maintenance & Service Contracts Within approved and adopted budget, the Lead Agency is authorized to enter into contracts with vendors as needed for the ongoing execution of this agreement. Such contracts include, but are not limited to, the purchase or lease of equipment, installation of equipment, service and/or maintenance of equipment, and System upgrades. All contracts shall comply with applicable law and purchasing policies and guidelines. Appropriate shared costs will be included in System Operational Costs cost -sharing allocation. The Lead Agency shall negotiate and enter into contracts with vendors as intended in this agreement and shall make payments due and payable under such contracts on behalf of the parties. The Lead Agency will serve as an administrative liaison between the other Member Agencies and the contracted vendors. 4.7 System Standard Operating Procedures The Lead Agency is responsible for the development and maintenance of the Standard Operating Procedures ("SOP") (Attachment E) for the system. The Lead Agency shall coordinate with System Users, including but not limited to Law Enforcement, Fire Services, Marine Safety, and Public Works in developing and updating the SOP. The SOP, and any amendments to the SOP, must be approved by the Governance Committee. All Member Agencies must follow the SOP and any amendments to the SOP once approved by the Governance Committee. 4.8 Partner Agency Operational Policies and Procedures Member Agencies must inform the Lead Agency of any changes to their operational policy or procedures, in writing and prior to any implementation of such changes, if the change of operational policy or procedure affects or may affect the System. The Lead Agency will work with Member Agencies to ensure that operational policies and procedures are compatible with the System. The Lead Agency shall work collaboratively with Member Agencies to settle any disputes regarding Member Agency Operational Policies and Procedures. The Lead Agency shall bring any dispute to Member Agency Operational Policies and Procedures to the Governance Committee for review and resolution if a dispute cannot be resolved between the Lead Agency and the Member Agency. 5.0 FINANCIAL ADMINISTRATION 5.1 Governance Committee Financial Authority The Governance Committee shall have the authority to allocate available budgeted funds as they deem appropriate for the operation, maintenance, and management of the system. Governance Committee has the authority to approve the System Operations Budget, set rates and fees, and approve use of the Reserve Fund for necessary expenditures and upgrades. Governance Committee has the authority to approve capital expenditure funding and approved sources of the reserve fund. 5.2 Partner Agencies Financial Obligations Partner Agencies and New Partner Agencies are responsible for certain financial obligations including, but not limited to, the following. 13 City Council 11 — 17 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 14 of 83 5.2.1 System Operational Costs All Partner Agencies shall contribute to the System Operational Costs via the Systems Operations Budget and administered as described in section 5.3 below. 5.2.2 System Entry Fees/Upgrade Fees Some Partner Agencies must pay System Entry Fees when they enter/register a radio into the System for activation based on the System Entry Fee established by the Governance Committee. The Lead Agency shall submit their recommendation of the System Entry Fees for Governance Committee approval at the same time the System Operations Budget (Section 5.3) is submitted for approval annually. The System Entry Fees are necessary to recoup/offset costs that were required during the previous System upgrade Partner Agencies that financially contributed to the previous System Upgrade are not required to pay System Entry Fees. Legacy Partner Agencies that are not required to pay System Entry Fees are listed in attachment C. Partner Agencies not listed in attachment C and any New Partner Agencies are required to pay the System Entry Fee for each radio they add to the System. System Entry Fees are billed on a per radio basis. The Lead Agency shall invoice the Partner Agency or New Partner Agency for any System Entry Fees at the approved per radio rate when a new radio is entered into the System on behalf of that Partner or New Partner. System Entry fees shall be deposited into the Reserve Fund as outlined in section 5.6 below. Over -the -air upgrade programming of radio equipment will not be charged and limited to two annually per Member Agency. Any additional upgrades past the two annually will incur a cost. 5.2.3 Miscellaneous Rates and fees As stated in 5.1 above, the Governance Committee has authority to set rates and fees as necessary. The Lead Agency may charge Partner Agencies and New Partner Agencies via invoice. Partner Agencies shall pay invoice within thirty (60) days of the date of the invoice. Governance Committee shall set any Miscellaneous Rates and Fees annually. Lead Agency shall submit their recommendation for Miscellaneous Rates and Fees at the same time they submit the System Operations Budget (Section 5.3) for approval. 5.2.4 Mutual Aid Agencies Mutual Aid Agencies are not authorized to use the System for day-to-day communications but are limited to use of the System only when providing emergency assistance to Partner Agencies. As such, Mutual Aid Agencies are not included in the System Operations cost share calculations or System Entry Fees. Mutual Aid Agency equipment and programming costs will be the responsibility of the Mutual Aid Agency. 14 City Council 11 — 18 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 15 of 83 5.2.4 Sponsored Agencies The sponsoring Partner Agency is responsible for the costs, rates, and fees of any Sponsored Agency it sponsors on the System, unless otherwise approved by the Governance Committee. System Entry Fees per 5.2.2 above shall not apply to System Subscriber equipment for a Sponsored Agency. 5.3 System Operations Budget The Lead Agency will submit the proposed System Operations Budget for approval to the Governance Committee no later than one hundred and twenty (120) days prior to the beginning of the fiscal year. Governance Committee shall be responsible for approving the System Operation Budget no later than ninety (90) days prior to the fiscal year. 5.3.1 Partner Agency Cost The Lead Agency shall submit the Partner Agency Cost Share to the Governance Committee along with the System Operations Budget in 5.2 above. The Governance Committee shall be responsible for approving the Partner Agency Cost Share, along with the System Operations Budget. Partner Agency Cost Share shall be calculated based on the number of Subscriber Units each agency operates on the System as a percentage of the total number of Subscriber Units operating on the System. This will determine the agency's share of the annual System Operations Budget. 5.3.2 Payment Remittance Partner Agencies are required to remit payments to the Lead Agency for their contribution for use of the System. The Lead Agency shall invoice Partner Agencies quarterly. Lead Agency shall issue invoices no later than thirty (30) days after the beginning of each quarter. Partner Agencies shall pay invoice within thirty (30) days of the date of the invoice. 5.4 Year End Settlement At the end of each fiscal year, the Lead Agency shall submit a financial review with the actual System Operational Costs from the previous fiscal year to the Governance Committee. The findings of the financial review shall be reported in writing to the Partner Agencies on the system. Thereafter, to the extent there have been contributions made by the Partner Agencies which exceed the actual System Operations Costs, the number of said excess contributions shall be deposited into the Reserve Fund (see 5.5), unless the Governance Committee deems otherwise. In the event of a shortfall, each Partner Agency shall be billed its pro-rata share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. 5.5 Ten -Year Plan The Governance Committee, in conjunction with the Lead Agency, will be responsible for evaluating and planning for future upgrades. Doing so will ensure the continued structural 15 City Council 11 — 19 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 16 of 83 integrity of System equipment and Sites and any necessary maintenance or repairs, and allocating for unforeseen events which may lead to additional expenses outside of the standard operational costs. Such items will be defined within a Ten -Year Plan, which will be presented to and approved annually by the Governance Committee. The Lead Agency shall submit an updated Ten -Year Plan to the Governance Committee annually for review and approval. 5.6 Reserve Fund The Governance Committee shall review and approve a long-term financial plan to ensure funds are available for the System's capital needs as defined in the annually updated Ten -Year Plan, as well as for any unforeseen emergency expenses. A Reserve Fund has been established to ensure adequate funds are available for ongoing maintenance, upgrades, and unforeseen expenses which may arise outside of operational costs. 5.6.1 The Reserve Fund shall be funded in the following manner: 5.6.1.1 Contributions by Partner Agencies The Partner Agencies are responsible for providing funds for deposit to the Reserve Fund. The Lead Agency shall submit the cost of each Partner Agency along with the Fiscal Year Budget described in section 5.3. The Governance Committee shall approve the Reserve Fund contributions as part of the annual budget review and adoption process. 5.6.1.2 System Entry Fees All System Entry Fees collected per 5.2.2 of this Agreement shall be deposited into the Reserve Fund. 5.6.1.3 System Operation Budget Surplus In the event of a System Operation Budget Surplus at the Year -End Settlement, that System Operation Budget Surplus shall be deposited into the Reserve Fund. 5.7 System Modification Cost Any costs associated with System Modifications shall be addressed as outlined is section 4.4 of this agreement. 16 City Council 11 — 20 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 17 of 83 IN WITNESS WHEREOF, the Partner agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE Board of Supervisors Dated: Approved As to Form: County Counsel APPM Ac m FM ;2�51 I;;,_- COUNIYCOUNSaOF ORANGE COUNIX MFOR" CITY OF: Santa Ana City Clerk Dated: Approved As to Form: City Attorney I � hi a Tamara Bogosian Senior Assistant City Attorney By: Chairman ATTEST: Dated: ATTEST: By: Kristine Ridge City Manager By: Clerk of the Authority WA City Council 11 — 21 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 17 of 83 IN WITNESS WHEREOF, the Partner agencies hereto have set their hands and seals on the date ietforth opposite their respective signatures on identical counterparts of this instrument, each which s all -for all purposes be deemed an original thereof. f' COUNTY OF ORANGE I0 Board of Supervisors Dated: City Clerk Dated: Approved As to Form: Approved As to Form: City Attorney County Counsel CITY OF: ATTEST: By: LI-A City Council IN Chairman Dated: ATTEST: Clerk of the Authority 17 11 — 22 2/1 /2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 18 of 83 APPROVED AS TO FORM: By: _ Dated: ATTEST: Authority Counsel Clerk of the Authority APPROVED AS TO FORM: By: _ Dated: Authority Counsel ORANGE COUNTY AGENCY LE Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: _ Dated: City Council 11 — 23 Authority Counsel 18 2/1 /2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 19 of 83 BYLAWS 800 MHz GOVERNANCE COMMITTEE Page 1 Article 1 Name Section 1. The name of this body is the 800 MHz GOVERNANCE COMMITTEE, hereinafter referred to as the "Governance Committee." Article 2. Purpose and Authority Section 1. It is the purpose of the Committee to oversee implementation and operation of the 800 MHz Countywide Coordinated Communications System (the "System"), including Member Agency compliance with payment schedules, addressing operational issues affecting System operation and site development, reviewing and approving conversion, modification and enhancement plans, approving contract pricing changes, resolving disputes between Member Agencies, operational and fiscal matters necessary for the operation and maintenance of the System, and performing any other responsibilities required to implement the Joint Agreement. The Governance Committee shall be responsible for approving the 800 MHz Project System Operations Budget operating and Reserve Fund that are jointly funded by the Parties to the Joint Agreement. Section 2. The Governance Committee was established November 23, 2004, and amended June 2, 2015, by the Orange County Board of Supervisors (the "Board") and Parties to the Joint Agreement to facilitate the operation, maintenance and financial management of the 800 MHz CCCS. Section 3. This Governance Committee will operate under the revised Board authorization of the re -written Joint Agreement to facilitate the operation, maintenance, and financial management of the 800 MHz CCCS established on Article 3. General Operating Mandated Regulations and Statutes Section 1. The Governance Committee must adhere to all local, state and federal regulations and statutes that may, from time to time, apply. Section 2. The Committee shall be subject to the provisions of The Brown Act (commencing with Section 54950 of the Government Code) relating to public meetings of local governmental advisory boards. Section 3. The Governance Committee must comply with the County's non-discrimination and zero tolerance sexual harassment policies. Section 4. The Governance Committee must comply with the County's Code of Ethics, which outlines the County's clear expectations for behavior in relation to the members' duties as public servants. City Council 11 — 24 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 20 of 83 BYLAWS 800 MHz GOVERNANCE COMMITTEE Page 2 Section 5. The Governance Committee shall operate strictly within its designated purpose. Article 4. Membership and Term of Office Section 1. Appointment. The Committee shall be comprised of nine (9) members, as identified below, and will also be responsible for coordinating with their appropriate associations/agencies on issues involving the appropriate Governing Authorities approvals: • Four City Managers appointed by the Orange County City Managers' Association • County Executive Officer, County of Orange, or Designee • Sheriff -Coroner, or Designee • Orange County Public Works Resources and Development Management Department Director, or Designee • Orange County Chief of Police & Sheriffs Association (OCCOPSA) Executive Director, or Designee • Orange County Fire Chiefs Association (OCFCA) Fire Chief or Designee Each member must designate and name an alternate as a voting member if member cannot attend. Section 2. Terms. Committee members shall be appointed for a two (2) year term. Members may serve for multiple additional two (2) year terms upon reappointment to each new term in accordance with Article 4, Section 1 above. Section 3. Removal. The Governance Committee, by majority vote, may remove members of the Committee any time without cause. In addition, if a committee member misses three (3) consecutive Governance Committee meetings (whether regular or special meetings), said Governance Committee member will be deemed automatically removed without further Governance Committee action. Section 4. Vacancies. A vacancy on the Governance Committee shall be filled by majority vote of the Governance Committee in accordance with Article 4, Section 1 above. Such vacancy should, if possible, be filled within 30 days of vacancy. Article S. Meetings Section 1. Regular meetings shall be held on a quarterly basis. Governance Committee City Counciffiee rags shall e fixed on the tirst modT o1f1ch quarter(January, p_ lNF2nd Attachment A - Joint Agreement for 800 MHz CCCS Page 21 of 83 BYLAWS 800 MHz GOVERNANCE COMMITTEE Page 3 October) on the fourth Wednesday at 1:30 PM unless a majority of the Committee members determine that an alternate fixed meeting day and time within the designated months is required to maximize member attendance. At least 72-hours prior to a regular meeting, an agenda shall be posted that contains a brief general description of each item to be covered in the meeting. Section 2. Special meetings may be held on 24-hour public notice, including a binding agenda with brief general description of items to be covered at the meeting. Any special meeting notice must be publicly posted in accordance with all applicable laws and must be received by Committee members at least 24 hours in advance (Government Code Section 54956). Section 3 A majority five (5) of the members shall constitute a quorum to conduct business. Section 4. Only Governance Committee members may vote on items on the Agenda and each member may have only one vote. Section 5. Governance Committee meetings may be rescheduled or canceled in accordance with the Brown Act. Orange County Sheriff Technology staff shall act as the Clerk of the Board for meeting rescheduling purposes. Article 6. Officers Section 1. The officers shall consist of a Chairperson and Vice Chairperson. The elected Chairperson shall conduct the meetings. Section 2. The elected Vice Chairperson shall conduct regular Governance Committee meetings in the absence of the Chairperson; and do everything necessary to assist the Chairperson in related duties. In the event that both the Chairperson and the Vice Chairperson are absent from the same committee meeting, the remaining Governance Committee members present may appoint one of them to be the Chairperson for that meeting. Section 3. Elections for Chairperson and Vice Chairperson shall be conducted by the full Governance Committee and shall occur in April of each year. The Chairperson shall call for nominations from the Governance Committee members and the Chairperson will initiate a vote. A majority vote of the Committee members present is required for each candidate to be elected as Chairperson and Vice Chairperson. Article 7. Staffing Section 1. Orange County Sheriff Technology staff secretary will provide secretarial support to the Governance Committee. Orange County Sheriff Technology staff secretary City Council 11 — 6 2/ 12022 tY Attachment A - Joint Agreement for 800 MHz CCCS Page 22 of 83 BYLAWS 800 MHz GOVERNANCE COMMITTEE Page 4 Sheriff Technology staff shall call for attendance at the beginning of each meeting, keep the minutes, and perform other clerical duties as appropriate to the position. He/she shall retain the attendance records including the minutes. Article 8. Compensation Section 1. Governance Committee members shall receive no compensation for their service. Article 9. Amendments. Review, Dissolution and Effective Date Section 1. This Committee will operate as established by the Board of Supervisors on November 23, 2004 and revised by the Board of Supervisors in , 2021 Section 2. These Bylaws shall supersede all previous Bylaws and shall become effective on upon the approval of the Board of Supervisors. Section 3. These Bylaws shall remain in effect until amended, revised or terminated by the Board of Supervisors and Parties to the Joint Agreement. Section 4. The Board of Supervisors and Parties to the Joint Agreement may make amendments to the Bylaws at any time. Section 5. This Governance Committee can be terminated at any time, without cause, by action of the Board of Supervisors and Parties to the Joint Agreement. City Council 11 — 27 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 23 of 83 Project No: Project Name: Project Location: NEW PARTNER AGENCY RIDER TO JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This New Partner Agency Rider ("NPA Rider") is entered into on , ("Effective Date"), by and between (hereinafter referred to as "NEW PARTNER AGENCY") and the Orange County 800 Megahertz Countywide Coordinated Communications System Governance Committee (hereinafter referred to as "GOVERNANCE COMMITTEE). For the purposes of this agreement, the GOVERNANCE COMMITTEE represents the Partners (hereinafter referred to as "JOINT AGREEMENT PARTNERS") of the Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordination Communications System (hereinafter referred to as "JOINT AGREEMENT") (Section 1.4.1 of the JOINT AGREEMENT). GOVERNANCE COMMITTEE and NEW PARTNER AGENCY may be referred to individually herein as a "Partner" or collectively as the "Partners." RECITALS I. WHEREAS, JOINT AGREEMENT PARTNERS entered into the JOINT AGREEMENT in 2020; and, II. WHEREAS, NEW PARTNER AGENCY, executed a copy of the JOINT AGREEMENT in accordance with Section 3.2.1 of the JOINT AGREEMENT on ; and, III. WHEREAS, NEW PARTNER AGENCY executed a copy of the New Partner Agency Agreement per Section 3.2.1 of the JOINT AGREEMENT on ; and, IV. WHEREAS, Section 2.1,"Governance Committee Authority", and Section 3.2.1, "Adding New Partner Agencies", of the JOINT AGREEMENT grants the GOVERANANCE COMMITTEE the authority to enter into a separate agreement with NEW PARTNER AGENCY to establish additional terms, conditions, and costs for entry into the Countywide Coordinated Communications System (the "CCCS"); and, V. WHEREAS, the JOINT AGREEMENT in Section 1.4 "Liability" provides for indemnification only between those Partners listed in Exhibit A of the JOINT AGREEMENT (and would not include NEW PARTNER AGENCY); and, VI. WHEREAS, Section 1.4.1 of the JOINT AGREEMENT, "New Agency Liability Rider", grants the GOVERNANCE COMMITTEE the authority to enter into a Liability Rider that shall, for all intents and purposes, make the NEW PARTNER AGENCY, a Partner in Section 1.4. City Council Page 1 OF 3 11 — 28 2/1/2022 Rider to Joint Agreement forthe Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordination Communications System Attachment A - Joint Agreement for 800 MHz CCCS Page 24 of 83 VII. WHEREAS, the GOVERNANCE COMMITTEE and NEW PARTNER AGENCY now desire to enter into a separate agreement (this NPA Rider) to establish additional terms and conditions by including NEW PARTNER AGENCY in the indemnity provision of the JOINT AGREEMENT per Section 1.4; NOW THEREFORE, in consideration of the Recitals above, the receipt of which the Partners acknowledge herein, and which are incorporated herein by this reference, and the mutual covenants and agreements hereinafter contained, the GOVERNANCE COMMITTEE and NEW PARTNER AGENCY do hereby agree as follows: A. NEW PARTNER AGENCY LIABILITY. NEW PARTNER AGENCY shall now be included as a Partner as stated in Section 1.4 of the JOINT AGREEMENT. Except as otherwise expressly set forth herein, all terms and conditions contained in the JOINT AGREEMENT, including any amendments/modifications, are hereby incorporated herein by this reference as if fully set forth herein and shall remain in full force and effect. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK City Council Page 2 OF 3 11 — 29 2/1/2022 Rider to Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordination Communications System Attachment A - Joint Agreement for 800 MHz CCCS Page 25 of 83 IN WITNESS WHEREOF, the Partners have executed this New Partner Agency Rider on the day and year first written above. GOVERNANCE COMMITTEE NEW PARTNER AGENCY Date: 0 Date: City Council 11 — 30 2/1/2022 Rider to Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordination Communications System Attachment A - Joint Agreement for 800 MHz CCCS Page 26 of 83 A. LEGACY PARTNER AGENCIES —Partner Agencies that financially contributed to the previous System Upgrade: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Metronet, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, West -Comm, Westminster, Yorba Linda, Orange County Fire Authority, CEO, District Attorney, Health Care Agency, John Wayne Airport, Animal Control, OC Lifeguard, OC Parks, OC Waste & Recycling, OC Public Works, Probation, OC Sheriff, Social Services Agency, Orange County Transportation District, Irvine Valley College Police, Santa Ana Unified School District Police, Saddleback College Police B. MUTUAL AID AGENCIES ATF, CA State Parks, California Corrections & Rehabilitation, CHP, Downey Fire, Lake Mission Viejo LG, Loaners, Long Beach Fire, Long Beach PD, Los Alamitos Armed Forces Reserve, LA County Fire, LA Sheriff, San Diego Sheriff Aviation, Santa Fe Springs Fire, Signal Hill PD, DOJ, UCI Irvine, US Marshals, USMC Camp Pendleton Fire City Council 11 — 31 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 27 of 83 COUNTY OF ORANGE CALIFORNIA 800 MHz CCCS (Countywide Coordinate Communications System) STANDARD OPERATING PROCEDURES PREPARED AND DISTRIBUTED BY: ORANGE COUNTY LEAD AGENCY January 2021 City Council 11 - 32 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 28 of 83 Table of Contents January2021.............................................................................................................................................1 1.0 INTRODUCTION.......................................................................................................................... 4 2.0 PURPOSE....................................................................................................................................... 4 2.1 Governance...............................................................................................................................4 2.2 Users Group..............................................................................................................................5 2.3 800 MHz CCCS Radio System.............................................................................................5 2.4 Eligible Users............................................................................................................................5 2.5 Acceptable Usage/Radio Discipline.................................................................................5 3.0 SCOPE............................................................................................................................................. 6 3.1 SOP Approval...........................................................................................................................6 3.2 SOP Change Process..............................................................................................................6 4.0 RADIO SYSTEM MANAGEMENT.............................................................................................7 4.1 Radio System Architecture.................................................................................................7 4.2 Radio System Management................................................................................................8 4.3 Network Management..........................................................................................................9 4.4 Advanced System Keys.......................................................................................................10 4.5 Database Management......................................................................................................11 4.6 Subscriber Radio Inventory/Fleetmap.........................................................................12 4.7 Lost or Stolen Radio Notifications.................................................................................12 4.8 System Management Access............................................................................................13 4.9 Requesting System Access...............................................................................................14 4.10 Alias List Standards.........................................................................................................15 4.11 Member Agency Operational Policy Changes........................................................15 4.12 Infrastructure Equipment Standards........................................................................16 4.13 Subscriber Equipment Standards...............................................................................18 4.14 System Administrator Standards................................................................................18 4.15 Dispatch Center Personnel Training..........................................................................19 4.16 Incident / Tactical Dispatcher Training...................................................................20 4.17 Radio (Subscriber) User Training...............................................................................21 4.18 Interoperability and non-CCCS Radio Users..........................................................22 4.19 System Upgrade Notification.......................................................................................23 City Council 11 — 33 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 29 of 83 4.20 In -building Coverage (Bi-Directional Amplifiers) ................................................ 23 4.21 Aircraft Radio Installations and Operation.............................................................24 4.22 In -building Coverage..........................................................................................................26 5.0 CONFIGURATIONS AND ALLOCATION.............................................................................27 5.1 Zone and Talkgroup Naming Standards...................................................................... 27 5.2 Radio IUID Allocation.........................................................................................................28 5.3 Fleetmap Standards............................................................................................................ 28 5.4 Subscriber Template Management................................................................................30 5.5 Talkgroup Assignments......................................................................................................31 5.6 Talkgroup Sharing................................................................................................................32 5.7 Talkgroup and Radio User Priorities............................................................................. 33 5.9 Failsoft Assignments...........................................................................................................33 5.10 Scanning..............................................................................................................................34 5.11 Emergency Button............................................................................................................35 5.12 Encryption...........................................................................................................................36 6.0 INTEROPERABILITY STANDARDS......................................................................................37 6.1 Interoperable Communications Requirements.........................................................3/, 6.2 Radio Console Patching of Talkgroups/Channels....................................................38 6.3 Use of the Statewide and National Interoperability Channels ............................40 6.4 Control Station Usage on Interoperability Channels..............................................41 6.5 Required Monitoring of Interoperability Channels..................................................43 7.0 MAINTENANCE RESPONSIBILITIES..................................................................................43 7.1 System Maintenance...........................................................................................................43 7.3 Maintenance / Repair Notifications..............................................................................45 7.4 System Coverage..................................................................................................................47 7.5 Repair Parts Inventory .......................................................................................................48 7.6 Disaster Recovery ................................................................................................................ 48 8.0 SITE AND SYSTEM SECURITY..............................................................................................49 8.1 Site Security...........................................................................................................................49 8.2 Network Operational Security.........................................................................................50 8.3 Software, Firmware and Document Security.............................................................51 9.0 APPENDIX...................................................................................................................................52 City Council 11 - 34 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 30 of 83 9.1 Lead Agency Contact Information................................................................................. 52 9.2 Glossary — Definitions and Acronyms...........................................................................53 1.0 INTRODUCTION The 800 MHz Countywide Coordinated Communications System (CCCS) Standard Operating Procedures (SOP) provides National Incident Management System (NIMS) compliant procedures that are applicable to multi -agency, multi -discipline, all -hazard responses throughout the County of Orange. This SOP ensures consistent protocols and formalizes the operation and usage of the 800 MHz Radio System (System). This SOP will be utilized by CCCS emergency response and support personnel, communications operational and technical personnel, local/State/Federal government representatives, non -governmental organizations, and other System users as authorized by 800 MHz CCCS Governance Committee. All System users shall comply with this SOP. 2.0 PURPOSE The System is an 800 MHz trunked simulcast radio communications system designed to meet the needs of Orange County law enforcement, fire, lifeguard and public works responders and any other authorized users who are supporting these services. This SOP addresses procedural and operational aspects of the System to include: • Operational guidelines. • Technology specifications and requirements. • Usage guidelines. • Training and exercises. • Maintenance and repair. 2.1 Governance The CCCS is governed by the 800 MHz CCCS Governance Committee which was established November 23, 2004 and amended June 2, 2015, by the Orange County Board of Supervisors and Parties to the Joint Agreement to facilitate the operation, maintenance and financial management of the 800 MHz CCCS. The Governance Committee is comprised of nine members including four City Managers, and designees from the County Executive Officer, Sheriff -Coroner, Public Works Director, Orange County Chiefs' of Police & Sheriff's Association and Orange County Fire Chiefs Association. The Governance Committee responsibilities include the establishment and enforcement of these Standard Operating Procedures. Additional information on the 800 MHz CCCS Governance Committee membership and responsibilities are documented in the 800 MHz CCCS Governance Committee Bylaws. City Council 11 — 35 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 31 of 83 2.2 Users Group The 800 MHz CCCS Users Group meetings occur once each quarter. The Users Group meetings allow for the sharing of information from the Lead Agency (Orange County Sheriffs Department Technology Division) regarding the System operations and any upgrade or enhancement projects proposed or in progress. These meetings also allow for Partner Agencies to discuss current concerns or provide input regarding future enhancements. All Partner Agencies are welcome to participate in the quarterly 800 MHz Users Group meetings. 2.3 800 MHz CCCS Radio System The 800 MHz CCCS Radio System (System) is an advanced digital radio communications system built to the Association of Public -Safety Communications Officials (APCO) Project 25 (P25) digital radio standards. The System utilizes radio frequencies in the 800 MHz radio spectrum under the rules and regulations of the Federal Communications Commission (FCC). The System consists of the following major components: • Radio Communications sites located throughout the County (towers, equipment shelters, generators & site security). • Radio infrastructure (transmitters, receivers, combiners, antennas, etc). • Radio spectrum in the 800 MHz frequency band and microwave radio frequency spectrum. • Microwave radio links between the radio sites and the Loma Ridge Master Site. • Subscriber Units (mobile radios, portable radios, control stations, dispatch consoles). • System Watch Network Operations Center (NOC). The System is designed to provide 95% portable radio coverage, 95% of the time within the Orange County operating area. 2.4 Eligible Users The primary purpose for the System is to support Orange County public -safety and local government agencies' day-to-day operations by providing dependable, interoperable radio communication. Orange County public safety and local government agencies as well as applicable State and Federal government agencies may be eligible for access to the System. System access will be determined by the 800 MHz CCCS Governance Committee in compliance with the 800 MHz CCCS Joint Agreement and with consideration of System capacity. 2.5 Acceptable Usage/Radio Discipline All System users shall follow these policies. The System is to be used for day -today operations, emergency response calls, incidents, missions and disasters. The System may also be utilized for planned events, training and exercises with consideration of channel capacity and available talkgroups. This policy clearly defines the discipline for agencies and individuals to follow when using radios on the System. Each Agency is responsible for ensuring their users adhere to proper radio discipline. City Council 11 — 36 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 32 of 83 Misuse of the System shall be reported to the Lead Agency Director to handle directly with the Department Head of the agency involved. The reporting parry's contact information should be provided in the notification. No profanity, playing music, personal conversations or activities not directly related to agency business will be permitted on the System. All agencies and individuals shall utilize these communications resources professionally and keep radio conversations as concise as possible. All agencies and individuals utilizing the System must abide by all FCC regulations as stated in Title 47 Part 90 Land Mobile kommunications. 3.0 SCOPE This SOP applies to the operational, technical and usage aspects of the System. It is therefore applicable to any user of the System, and applies to government agencies at the local, County, State and Federal levels, as well as authorized non -government users. 3.1 SOP Approval This SOP and subsequent revisions require approval of the 800 MHz CCCS Governance Committee after review by the Lead Agency. 3.2 SOP Change Process Annual Review Requirement The SOP will be f9viewed on an annual basis to assess the need for updates or revisions. The Lead Agency Director or designee will be assigned the task of reviewing the SOP, identifying applicable updates, and submitting a draft of the revised SOP for Governance Committee approval. Operational Context The 800 MHz CCCS Governance Committee is charged with approving standards, protocols and procedures for optimal operations between and among the users of the System. Submitting Change Requests Requests to delete, add, and/or change adopted standards, policies and/or procedures may be submitted in writing to the Govemance Committee at any time. If the requested change is time critical, the Govemance Committee may direct a request for immediate consideration to the Lead Agency Director. Change Request Contents A written request for any change to the SOP submitted to the Governance Committee shall include: • A full description of the deletion, addition, or change including section and subsection references. • The reason for the change (including the potential consequences if the request is not approved). City Council 11 — 37 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 33 of 83 • A preliminary assessment of impact on other System users and an estimate of associated costs, if any. The Governance Committee may direct the Lead Agency Director to conduct an assessment to address: • Technical impact to current and future System performance including which system or subsystems will be or may be affected. • Operational impact to current and future system performance including effects on System capacity and determination of those systems or subsystems that will be or may be affected. • Degree of conformance with Governance Committee approved plans and standards. • Cost impact to current participants. • Potential alternatives. The Lead Agency Director shall forward the completed assessment to the Governance Committee along with recommendations including strategies to mitigate negative impacts, if appropriate. The Governance Committee shall notify all agencies of all requests along with potential impact and invite their comments. The Governance Committee will approve, deny, or modify the requested SOP change. If approved, the Governance Committee will incorporate the applicable SOP modifications and inform System users. Management of Change Process The Governance Committee Chair will manage this process. 4.0 RADIO SYSTEM MANAGEMENT 4.1 Radio System Architecture The System is an advanced digital radio communications system built to the Association of Public -Safety Communications Officials (APCO) Project 25 (P25) digital radio standards. The P25 System is a standards based system, and different vendor subscriber radios may be able to access and use it. Due to manufacturer differences outside of the defined P25 standard, not all manufacturer radio features may work with the System. Some radios may interact differently with the existing infrastructure and can potentially exhibit undesirable operational characteristics. As a result, the following procedures must be followed: All manufacturer's radios must be tested and approved by the Lead Agency prior to being used on the System. A listing of tested and approved radio models will be maintained by the Lead Agency. Operational Context City Council 11 — 38 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 34 of 83 The System is dedicated primarily to public safety agencies, the agencies that support public safety and public utility and service agencies. Protocol / Standard The System utilizes the APCO Project 25 Phase I digital radio standard for the voice and control channels. The microwave radio system is a digital system that adheres to Telecommunications Industry Association (TIA) / Electronic Industry Alliance (EIA) standards. 4.2 Radio System Management The Lead Agency is responsible for System administration and the day-to-day management, operation and oversight of the System and for the maintenance of this SOP. While their specific duties are not detailed in this document, their general duties include: • Monitoring the System and components for normal operations. • Diagnosing System performance, problems, and developing corrective action recommendations. • Dispatching appropriate repair services in the event of a malfunction of System equipment. • Managing the database elements, including subscriber IDs, talkgroup IDs, and the various parameters that relate to their effective operation. • Working with all agencies and their technical staff to diagnose and resolve problems that involve radio operations, maintenance or repair of the equipment. • Serving as the point of contact (POC) with equipment manufacturers for issues related to the radio System. • Providing timely information to System users on issues that arise, or repair/maintenance issues related to System equipment that would affect normal radio operations. • Monitoring System databases for normal operations and conducting regular database backups. • Programming of all subscriber radios and dispatch consoles with System access. • Encryption management including managing and maintaining encryption keyloaders. The Lead Agency makes decisions on issues related to the day-to-day operation of the System and addresses urgent or emergency operational, maintenance, or repair decisions. An urgent or emergency situation is one where immediate decision authority is needed to allow the System as a whole, or any of the subsystem components, to continue supporting normal wide -area voice communications services. It is recognized that Lead Agency may have to obtain authorizations from the CCCS Governance Committee to make longer -term or non -emergency capital or repair expenditure decisions. Due to the complexity and distributed administration and maintenance of the System, problems can typically occur when changes are made to hardware or software. In order to keep all System users informed of any updates, notifications will be sent to all dispatch centers and designated User Agency contacts when the following actions occur: City Council 11 — 39 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 35 of 83 Planned maintenance work is being performed on the System that will impact performance or System operations Equipment malfunctions or failures that affect System performance or operation Configuration changes in equipment or software by any user agency that may impact operations of any other agency 4.3 Network Management Purpose or Objective Defines the responsibilities for network management. Technical Background The System is comprised of, but not limited to, channel banks, hubs, switches, routers, servers, local area networks, and wide area network links connecting sites together. The network sites are interconnected by usage of microwave radio equipment, fiber, Ethernet or telecom T1 circuits. The radio network is monitored with network management tools provided by the equipment manufacturers and/or other vendors. The radio System architecture is primarily constructed around the APCO Project 25 standard. The microwave system is composed of industry standard equipment, which also provides flexibility and a large variety of management and diagnostic tools. The System network is complex. Unusual problems may be difficult to identify and resolve. System documentation shall be kept up to date or it will lose its value in supporting the System network. The System is protected from all other agency data networks to manage the security and functionality of the System. If there is a connection to another data network, it shall be through a manufacturer specified and configured firewall, and approved by the Lead Agency. Operational Context The components of the System are considered as "owned" by the Partnership with responsibility for maintenance of the sites and equipment delegated to the Lead Agency by the authority of the 800 MHz CCCS Governance Committee and the 800 MHz CCCS Joint Agreement. Any required maintenance contractor agreements will be negotiated by the Lead Agency and presented to the 800 MHz CCCS Governance Committee for approval. The backbone of the System is structured on an integrated network. Any infrastructure hardware and software upgrades or changes that may impact the System require reasonable discussion, approval and oversight by the Lead Agency, and the 800 MHz CCCS Governance Committee. All maintenance work being scheduled that may affect System performance is preceded by reasonable and appropriate notification to the user agencies. City Council 11 — 40 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 36 of 83 The configurations for each of the components of the System are documented primarily for the purpose of maintenance, but also affect future planning. The manufacturer provides the original `as -built' documentation. The other defined standards for maintenance, documentation, notification, changes, security, and training also pertain to the network portion of the System. Procedure The methods for performing detailed System operations are defined in the technical resource manuals and training documentation for the System. The technical resource manuals are classified as Restricted Information' and are not available to the general public except by formal written request approved by the 800 MHz CCCS Governance Committee, the Lead Agency and County Counsel. Management The Lead Agency is responsible for managing the System network. 4.4 Advanced System Keys Purpose or Objective To outline the procedures for the production, and usage of both the Software and Advanced System Keys (ASK) for the System. Technical Background A system key allows for the programming of a radio for use on the System and is used to maintain System security. The System key keeps unauthorized units from gaining access to the System. Most radio equipment manufacturers provide a software based system key unique to each trunked radio system. The System key is required for a radio (subscriber unit) to be programmed so that the radio can be recognized by the System and the user can access the System. Operational Context The Lead Agency will maintain and safeguard all Master ASKS, regardless of manufacturer and is responsible for the production and issuing of all secondary keys to authorized users. Manufacturers' radios that do not require a system key will not be approved for operation on the System. An agency using subscriber radios other than the System manufacturer (Motorola) must acquire and provide to the Lead Agency the manufacturer's Master ASK for the 800 MHz System and all necessary software and key hardware to program secondary keys as needed. The safeguarding of these keys is paramount and should at all times be treated as restricted, public safety sensitive information with access closely guarded. Management City Council 11 — 41 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 37 of 83 The Lead Agency Director is responsible for maintaining the security of and access to the System keys. 4.5 Database Management Purpose or Objective Defines the aspects and assignment of responsibilities for managing the System's databases. Technical Background The management of the System and subsystem databases is assigned to Lead Agency staff with responsibility for the various aspects of the System operations. The databases contain information for the System and subsystems defining the operational characteristics of: • Subscriber Radios • Radio Users • Talkgroups • Profiles for Radio Users and Talkgroups • System portion of the fleet map programming • System and Subsystem equipment operational parameters • Security Group structures • Login User accounts and privileges The databases contain the operational personality of the entire System. Because of this critical function, the data must be properly managed for System functionality and archived regularly in case of data loss or corruption. Operational Context The System databases are partitioned to facilitate the distributed management of the data contained in them. The database management responsibilities of the Lead Agency include the following: • The Lead Agency is responsible for maintaining and archiving copies of all radio codeplug data and System databases. • Database backups are made once per week and are stored "off -site" on a backed -up server in the event of a disaster. • Database restoration will be performed by trained technical staff and only in the event of System software reloading and version changes, System database corruption, or as defined in the Disaster Recovery Plan. • Database restoration is performed when a non -critical condition exists and if approved by the Lead Agency Director. • The Lead Agency notifies agencies of any database issues that adversely impact their normal operations. Procedure City Council 11 — 42 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 38 of 83 The methods for performing the database operations are defined in the manufacturer's technical resource manuals. The technical resource manuals are classified as'Restricted Information' and are not available to the general public except by formal written request to the Lead Agency. The procedure for this standard is at the discretion of the Lead Agency. Management The Lead Agency is responsible for managing the data attributes and is responsible for backing up the System databases. 4.6 Subscriber Radio Inventory/Fleetmap Purpose or Objective Establishes the policy to ensure all radios activated on the System are properly accounted for, assigned, and managed. Technical Background Each radio operating on the System must be assigned a unique 7-digit IUID number allowing the radio to affiliate and communicate on the System. The System's controller provides individual access to the System for each assigned radio. Operational Context The Lead Agency manages the subscriber radio inventory and is responsible for assigning and tracking all IUID numbers. Each 7-digit IUID number can only be used with an individual radio and shall not be duplicated or "cloned" to another radio. IUID management and subscriber radio inventory are critical to the operational integrity of the System. Accurate subscriber radio inventory is also important as this is the basis for the equitable distribution of the costs associated with System operations and maintenance. Protocol / Standard The Lead Agency is the only authorized source for IUID assignment and subscriber radio programming. The Lead Agency establishes and maintains the Fleetmap Inventory database and conducts annual inventory verification with each Partner Agency. This annual inventory is also provided to Lead Agency Financial for use in the various budget and billing calculations for Partner Agencies. Management The Lead Agency is responsible for IUID issuance and management of the subscriber radio inventory/Fleetmap. 4.7 Lost or Stolen Radio Notifications Purpose or Objective City Council 11 — 43 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 39 of 83 Establishes the policy to ensure the System's operational integrity and security by providing users with a procedure for reacting to incidents of missing, lost or stolen radio units. Each agency shall develop internal guidelines for dealing with incidents of lost, stolen or missing radio equipment, to include notification to the Lead Agency. Technical Background The System's controller provides individual access to the System for each assigned radio. The controller prlides the ability to disable the radio altogether with the inhibit' feature. The target radio must be turned on and affiliated with the System for the actions to be processed. If the target radio is not active, the requested action can be put into the passive mode. When the target radio does attempt to affiliate with the System, the pending action is initiated. Operational Context All agencies are required to make immediate notification to the Lead Agency upon receiving information, notification, or recognition that an assigned radio is misplaced, lost or stolen. Delay in providing notification could result in unauthorized persons causing interference and/or receiving confidential information. Protocol/Standard The Lead Agency shall be immediately notified of the situation by a phone call and submission qfa Lost/Stolen Radio Report Form. The request to inhibit a lost/stolen radio must be specified on the Lost/Stolen Radio Report and must be accompanied by a copy of the Police report. Lost and stolen radio information will be passed on to user agencies and local radio shops in case the radio is located or turned in. The Lead Agency will invoice the agency for the replacement cost of the radio if owned by the Lead Agency (ie., a loan pool radio). Management The Lead Agency is responsible for managing this policy. 4.8 System Management Access Purpose or Objective Defines the types and areas of individual access to the management functions of the System. Technical Background Every login user of the System has a minimum of one login account and possibly more if multiple levels of access rights are needed for different purposes, such as administrative or general use. Every account can be individually set with the security and application rights needed to meet the needs of each user. All user account IDs shall be unique as the System's City Council 11 — 44 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 40 of 83 databases do not permit the use of duplicate IDs. The user login aliases are limited to a specific length. Operational Context Personnel who log into the systems to use management applications and support tools are referred to as "Login Users". These are technical support staff such as the System Manager, administrators, technicians, etc. This is different that "Radio User" as referred to in other standards. Every user's login ID on the system is unique. Every login user of the System has a user ID that is only for that specific agency's or individual's Ae. Based on the types of access required an individual may need more than one login ID. The types of access fall into the following areas: • System Management • Infrastructure Maintenance • Subscriber Administration • Dispatch Management • Asset Management The areas of access are based on the physical locations of the equipment and individual need. Access to System, Network, and Asset Management terminals will be limited to Lead Agency staff and approved vendors. Lead Agency may review personnel with System access at any time to ensure that only the appropriate levels of access have been granted based on their currently assigned business needs. Protocol Each Login User account must be requested from and approved by the Lead Agency Director. The account will be assigned a login name and access level based on the requirements of the request. Access will be immediately rescinded for any unauthorized actions or change of employment status. Management The Lead Agency is responsible for the creation of administrative accounts, designating the areas of access allowed for each account, and the review of access granted. 4.9 Requesting System Access Purpose or Objective To establish the procedure for an eligible agency to apply to participate on the 800 MHz CCCS. Operational Context The 800 MHz CCCS Governance Committee has determined the requirements and procedure for potential new applicants desiring access to the 800 MHz CCCS. Those procedures are documented in the 800 MHz CCCS Joint Agreement. City Council 11 — 45 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 41 of 83 Management The Lead Agency Director is responsible for managing the process of potential new System User applications in accordance with protocols established by the Governance Committee and documented in the 800 MHz CCCS Joint Agreement. 4.10 Alias List Standards Purpose or Objective To establish a standard for the use of Subscriber alias for identifying radio users. Operational Context An alias is a common alphanumeric name used to identify a radio, talkgroup, site, etc. rather than referencing the assigned 7-digit IUID number. The Lead Agency does not maintain alias names for Partner Agencies. Each Partner Agency shall maintain their own alias database and their alias names will only appear on their local dispatch consoles and subscriber radios. Management Each User Agency is responsible for establishing and maintaining any alias lists used by that agency. 4.11 Member Agency Operational Policy Changes Purpose or Objective Defines a process to mitigate negative impact to this SOP, other Member Agencies or the overall operation of the System when Member Agencies make changes to their individual Agency operational policies. Operational Context The 800 MHz CCCS Governance Committee is charged with approving standards and determining protocols and procedures for optimal operations between and among the users of the System. Member Agency operational policies must not be contrary to this established SOP nor should they knowingly impact other Member Agencies in a negative manner. There will be occasions or incidents that might result in the need for a Member Agency to make changes to their operational polices. Member Agencies must ensure that any change made to their internal operational policies harmonizes with the established SOP and fellow Member Agencies. Protocol Member Agencies are expected to understand the potential for their policies to impact other Agencies on an integrated communications system. As a result, any Member Agency planning to make changes to their operational policy must take into account the impact on the System. If the operational policy change is likely to have an impact on the System and/or on other City Council 11 — 46 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 42 of 83 Member Agencies, or, if it is unknown whether the change will have such an impact, the Agency planning to make the change shall submit the planned policy change in writing to the Lead Agency for evaluation. The Lead Agency will address Member Agency policy change notices with respect to their impact on the System and other Agencies. The Lead Agency will inform the Governance Committee Chair of the decision regarding the policy change if it is determined that the change will impact the System or other Member Agencies. A written notice of any planned operational policy change submitted to the Lead Agency shall include: • Description of the policy being changed • Reason for the planned policy change (including the potential consequences if the request is not approved) • Preliminary assessment of impact to other System users, and an estimate of any associated costs to implement the request An assessment shall be conducted by the Lead Agency technical and management staff and shall address: • Technical impact to the current and future System performance including which systems or subsystems are affected • Operational impact including capacity impact to current and future System performance • The degree of conformance with established policies and standards • Cost impact to current participants • Potential alternative solutions The Lead Agency Director shall forward the completed assessment to the requesting Member Agency along with recommendations including ways to mitigate negative impact where applicable. If the assessment reveals a negative impact to the System or to other Member Agencies, the Lead Agency will advise the requesting Agency against enacting the change. The requesting Agency may appeal the decision to the Governance Committee for resolution if desired. The Governance Committee shall then review the requested policy change and approve, deny or modify the request. If approved or modified, the Governance Committee shall set forth operational and/or financial responsibility as appropriate and notify all affected parties of the decision. Management The Lead Agency Director, acting on behalf of the Governance Committee, shall manage this process. 4.12 Infrastructure Equipment Standards Purpose or Objective City Council 11 — 47 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 43 of 83 Sets the minimum technical and performance standards for infrastructure equipment operating on or interfacing with the System and establishes a policy preventing premature obsolescence of the same. Technical Background The 800 MHz CCCS is an APCO P25 standards -based System constructed by Motorola Solutions, Inc. It consists of radio communications sites utilizing 800 MHz radio spectrum. The Master Site is located at the Loma Ridge Facility where the Lead Agency Radio Microwave Unit is collocated along with the County Emergency Operations Center and the OCSD PSAP/Dispatch Center. Microwave links between the Master Site and the radio sites utilize redundant methods in the construction of the System to provide for a public safety grade of service. Vendors' equipment often utilizes different operating software and may interact differently with the existing infrastructure which can potentially exhibit undesirable operational characteristics. It is also possible that new, untested radios, equipment and/or software can exhibit performance and functionality characteristics that are destructive to the performance, capacity and/or security of the System. Operational Context Participants desiring to connect or interface with the System any type of fixed equipment such as a radio or console product must receive approval from the Lead Agency. Prior to approval, the System manufacturer must prove equipment compatibility. All equipment must be installed in compliance with all rules, regulations and codes applicable to its operation and location. Industry accepted radio site installation and equipment grounding practices, such as R56 or approved equivalent in effect at the time of installation, shall be used. Protocol To ensure the reliability of the System, all infrastructure equipment directly interfaced with the System's core must maintain the same level of software revision. Requests shall be submitted in writing to the Lead Agency signed by the requesting agency director or department head. Procedure The request shall provide an outline of plans the requesting agency has developed for equipment integration. The written request shall indicate the name and contact information for the person designated to lead the project. The Lead Agency Director will review the request and make the final decision. If a technical use plan is already in place, the agency shall submit the plan to the Lead Agency for review to ensure compliance and compatibility with CCCS policy, standards and procedures. If a technical use plan is not in place, Lead Agency shall assist the requesting agency in developing a plan. Costs associated with the development of a technical plan are borne by the requesting agency. When the plan is complete it is submitted to the Lead Agency Director, who shall review the plan for compliance and compatibility with CCCS policies and procedures. City Council 11 — 48 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 44 of 83 Management The Lead Agency is responsible for management of infrastructure equipment standards and integration. 4.13 Subscriber Equipment Standards Purpose or Objective Sets the minimum technical and performance standards for subscriber radios operating on the System including: Establishing a policy to prevent premature obsolescence of subscriber radios. Establishing procedures for Lead Agency to measure, test, certify and publish a list of subscriber radios that are approved for use on the System. Ensuring that decommissioned subscriber radios are properly deprogrammed before disposal to prevent interference with public safety communications. Technical Background The System utilizes digital communication technology with the primary use being voice communications using the APCO P25 Phase 1 protocol with 9600-baud control channels. Subscriber radios from various vendors often utilize different operating software providing a variety of services, features, functionality and performance to the users. Many of these radios interact differently with the infrastructure and can potentially exhibit undesirable operational characteristic. It is possible that untested radios and/or software can exhibit performance and/or functionality characteristics that are destructive to the overall performance, capacity and/or security of the System. Users are prohibited from using radios or accessories that may be destructive to the System. Partner Agencies shall deliver any retired radio subscriber equipment to the Lead Agency for decommissioning and deprogramming. Decommissioned radios that are not properly deprogrammed could pose interference issues with public safety communications. Radios removed from the System for decommissioning purposes shall be deprogrammed so as to remove all System related information, ID's, and conventional channels, leaving only an idle frequency of 851.0000 MHz to prevent potential interference issues with public safety communications. Management The Lead Agency is responsible for maintaining all testing, managing radio equipment manufacturer initiated submittals, coordinating activities of the test team, and the proper deprogramming of subscriber radios. Any Agency purchasing new subscriber equipment is encouraged to work with the Lead Agency first to ensure the new equipment meets System standards and is properly equipped to operate on the System. 4.14 System Administrator Standards Purpose or Objective City Council 11 — 49 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 45 of 83 Establishes the minimum training standards for System administration and staff. This ensures that System functionality and integrity are maintained by restricting System administrative functions to trained, qualified and authorized personnel only. Protocol The Lead Agency is responsible for maintaining System configuration databases for System or subsystem infrastructure, subscriber databases and console configuration databases. 4.15 Dispatch Center Personnel Training Purpose or Objective Establishes minimum training standards for the public -safety dispatch center personnel with access to System resources. This ensures that personnel performing communications dispatch operations are properly trained by the Lead Agency. Operational Context System functionality and integrity shall be maintained by ensuring that only qualified personnel perform dispatch functions using console equipment connected to the System core. Protocol/Standard Public safety dispatch center personnel shall be familiar with all applicable mutual aid requirements, interoperability requirements, trunk system patching and all established SOPS. Other recommended training that each agency's communications center personnel should have include: • COML. • ICS courses 100, 200, 700.6, 800 or others as required by employing agency Recommended Procedure This policy does not contain specific training procedures or training modules. Management The communications / 9-1-1 center manager within each agency is responsible to ensure personnel with radio console access to resources on the System comply with the following: Public safety communications / 9-1-1 center personnel receive the appropriate training before accessing System resources. Public safety communications / 9-1-1 center personnel maintain familiarity with features and functions of communications consoles in order to rapidly and effectively City Council 11 — 50 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 46 of 83 communicate with public safety personnel and are able to identify and establish interoperability solutions when appropriate or directed. • Only qualified personnel perform dispatch functions on System resources. • Public safety communications / 9-1-1 center personnel maintain familiarity with all applicable sections of the SOP. 4.16 Incident / Tactical Dispatcher Training Purpose or Objective Establishes minimum training standards for those performing incident or tactical dispatch functions with access to System resources. This ensures that System communications incident/tactical dispatcher operations are performed by properly trained dispatch personnel. Operational Context System functionality and integrity shall be maintained by ensuring that only qualified personnel perform incident/tactical dispatch functions. Protocol or Standard Incident/tactical dispatch personnel shall successfully complete appropriate training on the console system, mobile radios or control stations in the Mobile Command/Communications Units. Appropriate training shall, at a minimum, include formal training either by an incident/tactical dispatch trainer who has completed the training from a qualified instructor or by a qualified radio technical staff member familiar with the Mobile Command/Communications Unit's (MCU) operations. Incident/tactical dispatch personnel shall be familiar with all applicable mutual aid requirements, interoperability requirements, trunked system patching, gateway and other communications equipment in the MCU as well as all established standard operating procedures. Other recommended incident/tactical dispatcher training should include: • COML. • COMT. • ICS courses 100, 200, 300, 400, 700.13, 800 or others as required by their employing agency. • Any other developmental, technical or safety courses deemed necessary by employing agency. Procedure This policy does not contain specific training procedures or training modules. Management The Communications Center Manager within each agency is responsible to ensure personnel with access to MCU resources on the System comply with the following: • Incident/tactical dispatch personnel or those acting in that capacity receive the appropriate training before accessing System resources. City Council 11 — 51 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 47 of 83 • Incident/tactical dispatch personnel maintain familiarity with features and functions of MCU in order to rapidly and effectively communicate with public safety personnel and are also able to identify and establish interoperability solutions when appropriate or directed. • Only qualified personnel perform incident/tactical dispatch functions on System resources. • Incident/tactical dispatch personnel maintain familiarity with all applicable sections of the SOP. 4.17 Radio (Subscriber) User Training Purpose or Objective Establishes the minimum training standards for radio users, which ensures proper operation of radios on the System. Operational Content System functionality and integrity shall be maintained by ensuring that only trained personnel operate radio equipment. Protocol/Standard Radio users shall successfully complete appropriate training on assigned radios before being allowed to operate on the System. Appropriate training shall include formal training from a qualified instructor or approved Media and, at a minimum, include the following: • Radio users shall be trained on the technical operation of assigned radios. Training will be required biennial. • Radio users shall be trained on how to operate the radio within the System along with any special features of the System they will use, e.g., emergency button, call alert, etc. • Radio users shall be trained on and demonstrate proficiency with all applicable mutual aid and interoperable communications resources and standard operating procedures. • Radio users shall maintain awareness of the mutual aid, interoperability channels or talkgroups in their radios, as well as how to navigate to them when necessary. • User agencies will make an effort to conduct ongoing refresher training for radio users periodically following their initial training (e.g., build into in-service training, dispatch centers conduct random tests, roll call training, on -shift training, etc.). Lead Agency staff assists user agencies in identifying training needs and implementing training programs to meet those needs. The Lead Agency also employs a qualified training officer who is available to provide this training to authorized System users. Procedure This SOP does not contain specific training procedures or training modules, however, Lead Agency staff assists with radio user training when requested. Management City Council 11 — 52 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 48 of 83 Each User Agency is responsible to ensure that: Personnel assigned radios shall receive the appropriate training with emphasis on awareness of and how to navigate to mutual aid and interoperability channels or talkgroups (initial and ongoing refresher training). Only trained and qualified personnel shall operate radio equipment. Radio users are familiar with sections of the SOP. 4.18 Interoperability and non-CCCS Radio Users Purpose or Objective Establishes the minimum training standards for radio users having access to interoperable resources of the System. This ensures the proper operation of radios on the System and safeguards against improper utilization of interoperability resources. Operational Context System functionality and operability is maintained by ensuring that only properly trained personnel use the interoperable resources on the System for mutual aid communications. If agencies do not have appropriate training, then communications failure or a degradation of the System resources may occur. Protocol/Standard Radio users shall have a demonstrated knowledge of Section 6 Interoperability Standards, and have successfully completed appropriate initial and ongoing refresher training including: User training emphasizing: o The use of interoperable channels and how to navigate their radio. o How a user's radio experiences can be affected by the selected interoperability channel (digital, analog, non-trunked, etc.). Dispatch and supervisory training emphasizing: o The use of interoperable channels. o The use of patching and patch channels. o The use of cross band repeaters and gateway devices. o The use of RF control stations. o How a user's radio experiences can be affected by the selected interoperability channel (digital, analog, non-trunked, etc.). Radio users with access to interoperable channels must be familiar with all applicable mutual aid and interoperable requirements and procedures. Procedure This SOP does not contain specific training procedures or training modules. Management The Lead Agency will provide training materials upon request for initial training and ongoing refresher training. Additionally, as resources permit, the Lead Agency will assist user agencies City Council 11 — 53 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 49 of 83 with developing plans and methods on incorporating ongoing radio refresher training into various activities for the most effective delivery to personnel. The Lead Agency also employs a qualified training officer who is available to provide this training to authorized System users. Agencies requesting and/or using the interoperable talkgroups are responsible to ensure that: • The use of mutual aid/interoperability channels and talkgroups is properly coordinated and approved through the Control One. • Radio users successfully complete appropriate initial and on -going refresher training and demonstrate knowledge of proper communications procedures before being allowed to operate the interoperable resources. • Radio users are familiar with all applicable interoperable sections of this manual. • Radio users are familiar with all applicable mutual aid requirements and interoperable sops. 4.19 System Upgrade Notification Purpose or Objective Establishes notification procedure prior to major System upgrades. Protocol/Standard System software upgrades will be performed as needed contingent upon available funding and/or technical requirements. The Lead Agency will be responsible for ensuring that all System user agencies that may be impacted by the upgrade are notified by email and/or other written form. Recommended Procedure Planned upgrade procedures will be communicated to all System users as follows: At least 30 days prior to a planned major System upgrade that will cause a System or site outage, the Lead Agency will notify all System user agencies that may be impacted by the upgrade. The Lead Agency will send an email reminder to all potentially impacted System user agencies a week prior to the System upgrade. Control One will communicate upgrade instructions and status to all System users before, during and upon completion of the upgrade. User agencies must notify the Lead Agency Director in writing if the planned upgrade dates will interfere with any major planned events. Management The Lead Agency is responsible for managing System upgrades and the necessary notifications associated with each upgrade. 4.20 In -building Coverage (Bi-Directional Amplifiers) Purpose or Objective City Council 11 — 54 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 50 of 83 Establishes policy on usage of Bi-Directional Amplifiers (BDA) and awareness of all locations utilizing BDAs for the purpose of mitigating interference issues. Technical Background The System is designed for mobile and portable radio coverage but cannot provide 100% coverage in all places. BDAs are a device that aims to improve radio access within a confined space such as high -density buildings. Although the use of a BDA may improve in -building coverage, it may also create interference issues with the overall System. Tracking the locations of all BDAs will aid in quickly locating offending BDA equipment. Protocol/Standard It is not the intent for the Lead Agency or Governance Committee to approve or regulate BDAs. It is important for the Lead Agency to maintain a list of facilities that do have BDAs used with the System. Any agency or department installing a BDA will provide the Lead Agency with the location of the device prior to installation if possible. This will include the physical address, emergency contact information, building name, location within the building, manufacturer and model number. It is the responsibility of the equipment/facility owner to comply with all requirements of the FCC, including licensing, location reporting, and interference mitigation. Recommended Procedure Agencies installing BDAs will submit to the Lead Agency a list of locations where BDAs are installed that are supplementing the System. BDAs not supplementing the System do not need to be reported. This list will be updated periodically. Management The Lead Agency will maintain the list of BDAs supplementing the System. Each agency will maintain a list of BDAs within their jurisdiction along with contact information for the equipment/facility owner to allow access should the BDA interfere with the System. 4.21 Aircraft Radio Installations and Operation Purpose or Objective Sets the policy regarding aircraft subscriber radio installation, programming, and operation on the System. Technical Background Due to the elevated altitude of operation, aircraft radios have a greater coverage footprint. This allows a radio operated in the air to access sites as far away as 150 to 200 miles, while mobile radios operated in vehicles on the ground typically have ranges limited to 30 to 40 miles. Radios in aircraft operating with the System function slightly different than radios on the ground. City Council 11 — 55 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 51 of 83 Due to the interference potential from the larger coverage footprint of aircraft operated radios, the FCC rules for operation of these radios limits the output power to help reduce interference, as frequency reuse is applicable in the CCCS and other radio systems. Installation of aircraft mounted radios is governed by the Federal Aviation Administration (FAA) and permanent installations must be performed by FAA certified personnel. Operational Context Subscribers that acquire a large coverage footprint due to high altitude operations need to take into consideration potential interference due to frequency reuse in other systems. This could cause interference to their users. This interference could appear as an interruption, loss of communications, or as tailgating to other talkgroup transmissions on other sites. Protocol/Standard All permanently installed aircraft radios shall comply with the FCC 90.423 power output limitation of 10 watts, the Effective Radiated Power (ERP) being no more than 5 watts. Only unity gain antennas will be allowed. Permanently mounted aircraft radios should be programmed with the following: • BER threshold of 2.5% For aircrews that are assigned portable radios, these portable radios should be programmed for the following: • 2.5% or 2.9% BER threshold These settings apply for both aircraft installed radios using remote mounted mobile or portable radios and Tech nison ic-type aircraft control panel mounted avionics packages using internal portable radios. Procedures for landing zone areas where communications with ground personnel are conducted are recommended on a simplex, non-trunked, channel. In addition to the SOP training requirement, training for users of aircraft radios shall include a description of the issues surrounding airborne operation of System radios including: • Issues of potential interference to other systems due to frequency reuse; • Personnel using portable radios in a limited capacity (observers, guests, etc.) and the potential for FAA and FCC rule violation, and interference. Recommended Procedure Installation and programming should be performed as outlined in this section. Operation of Aircraft landing zone coordination should be performed as outlined in this section. In-flight transmissions should be as brief as possible due to the potential interference. Management City Council 11 — 56 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 52 of 83 The Lead Agency Director will be responsible for the oversight and compliance of this standard. Due to the potential of interference issues to expand beyond a specific region or into another County, Lead Agency staff should also be notified if any interference is detected and is believed to have originated from a CCCS radio equipped aircraft. 4.22 In -building Coverage Purpose or Objective Establishes policy on the approval, usage and regulation of in -building coverage enhancement devices on System frequencies and the tracking of all locations utilizing these devices for the purpose of mitigating interference issues. In -building coverage systems include Emergency Responder Radio Communications Systems (ERRCS), Bi-Directional Amplifiers (BDA), and Distributed Antenna Systems (DAS). Technical Background The System is designed for mobile and portable radio coverage but cannot provide 100% coverage in all places. In -building coverage devices aim to improve radio access within a confined space such as high -density buildings. Although the use of in -building coverage devices may improve in -building coverage, it may also create interference issues with the overall System. Tracking the locations of all in -building coverage devices will aid in quickly locating offending equipment. Protocol/Standard The Lead Agency must approve and regulate in -building coverage systems on frequencies licensed to the County of Orange. It is important for the Lead Agency to maintain a list of facilities that have in -building coverage devices used with the System. Any agency or department planning to install an in -building coverage system will submit their plans to the Lead Agency as described in the current OCSD ERRCS Guidelines document. This will include the physical address, emergency contact information, building name, location within the building, manufacturer and model number. The Lead Agency must review and approve operation of the installed in -building coverage system to ensure proper installation and operation and to mitigate any adverse effect on the System. It is the responsibility of the equipment/facility owner to comply with all requirements of the National Fire Protection Association (NFPA), California Fire Code (CFC) and Federal Communications Commission (FCC) including licensing, location reporting, and interference mitigation. City Council 11 — 57 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 53 of 83 Recommended Procedure Agencies planning to install an in -building coverage system shall contact the Lead Agency for guidance and to begin the approval process. All agencies shall submit to the Lead Agency a list of locations where BDA, DAS or other ERRCS systems are installed that are supplementing the System. In -building coverage devices not supplementing the System do not need to be reported. This list will be updated periodically. Management The Lead Agency will manage the In -Building Coverage policy and maintain the list of in - building devices supplementing the System. Each agency will maintain a list of in -building coverage devices within their jurisdiction along with contact information for the equipment/facility owner to allow access should the equipment interfere with the System. 5.0 CONFIGURATIONS AND ALLOCATION 5.1 Zone and Talkgroup Naming Standards Purpose or Objective A well-defined method of naming radio programming zones and talkgroups/channels aids in user interoperability by allowing all users to understand the designated use of individual talkgroups/channels and how to find those talkgroups/channels in their radio. Operational Context In addition to agency -specific zones and talkgroups, all System users have certain talkgroups/channels programmed into their radios that are common to all System users to allow for operational interoperability. The ability to quickly locate these common talkgroups/channels for interoperability requires a uniform programming methodology to place the talkgroups/channels in specific zones in all radio on the System. Protocol/Standard The Lead Agency, in conjunction with User Agencies, and with the authority of the Governance Committee has established the zone and talkgroup naming structure used by all System users. The zone/talkgroup/Channel names and radio template structure is provided in the Official Communications Handbook (Radio Code Book) for each System Discipline (Law, Fire, Lifeguard/Marine Safety, Public Works). Requests for additional zones or talkgroups must be submitted to the Lead Agency for consideration and analysis as to their potential impact on the System. Management City Council 11 — 58 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 54 of 83 The Lead Agency shall maintain the Official Communications Handbook and associated records related to zone and talkgroup/channel naming. 5.2 Radio IUID Allocation Purpose or Objective Allocates radio Item Unit Identification number (IUID) ranges for the individual agencies. This allows the Lead Agency to manage the pool of IUIDs as radio users and console positions are configured. This simplifies the management of the IUIDs and provides an easier indication of what IUIDs belong to which agency in the event that a radio user alias is not available. Technical Background These IUIDs are the same IUIDs that users type in for call alert pages. Also, these are the IUIDs that are displayed on the subscriber radios if the "ID Display" feature is enabled. These IUIDs are also displayed at the console if the console alias feature is not available. Operational Context The Lead Agency will allocate radio IUID ranges to agencies based on the number of units the agency will have active on the System and will be shown on the master agency IUID list. Protocol/Standard Only radio IUIDs allocated to an individual agency can be used in the programming of that agency's radios and consoles. The Lead Agency is responsible for the programming of all radios on the System. Procedure The Lead Agency maintains the master list of IUID distribution and will allocate IUIDs to agencies based on each agency's radio count and need. If an agency requires additional IUIDs beyond the initial allocation, a request shall be made to the Lead Agency. The Lead Agency will evaluate the request and conduct an analysis to determine impact to the System. Upon completion of the analysis, the Lead Agency may approve or deny the request, or ask for additional information. Management The Lead Agency manages the IUID ranges for day-to-day activities, and manages the IUID ranges for reserve or future allocation. 5.3 Fleetmap Standards Purpose or Objective Defines the process used to document the Fleetmap information for the effective management of the System. System Fleetmap configuration information is classified as'Restricted Information' and is not released to the public. City Council 11 — 59 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 55 of 83 Technical Background The Fleetmap is parameter information programmed into the System infrastructure and into the subscriber radios to control how those radios perform on the System. The Fleetmap spreadsheet is a documented matrix of the talkgroups in the System and the departments or agencies that use and control user access to these talkgroups. The Fleetmap contains the following information: • Talkgroup Name — Name of the talkgroup as it is programmed into tho System. • Talkgroup Alias — Abbreviated naming of the talkgroup to fit within thl 8 or 14 character radio display. • Talkgroup ID — Numerical designation of the talkgroup in decimal and/or hexadecimal. • Failsoft Channel — The System channel designated for the talkgroup when in the failsoft mode. • Owner — The primary user agency with access control of the talkgroup. • Priority — Priority level of the talkgroup. • On Console — If the talkgroup is available as a console resource. • Trunked Alternate — A talkgroup to be used when the user's primary system is unavailable. Operational Context The Lead Agency will establish and manage the Fleetmap database information for all users of the System. Protocol/Standard . A detailed matrix is maintained by the Lead Agency on the System database. Each agency's radio representative maintains a Fleetmap spreadsheet containing data on their talkgroups and the users for whom they are responsible. Procedure If an individual agency desires to make updates and changes to their Fleetmap standards, the changes shall be requested through the Lead Agency. • The Lead Agency will evaluate any requests for changes and conduct an analysis to determine its feasibility and impact on the System. • The Lead Agency will decide if the request will be approved or denied and proceed accordingly with notification to the requesting agency. The disclosure of the Fleetmap configuration information, including talkgroup IDs, user IDs, user privileges and other related System information could substantially jeopardize the security of the System. This disclosure makes it more susceptible to sabotage and unauthorized access to the contents of confidential voice and data communications. Therefore, the master Fleetmap data shall be classified as `Restricted Information' and is not available to the general public except by formal written request to the 800 MHz CCCS Governance Committee. Management City Council 11 — 60 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 56 of 83 The Lead Agency manages the Fleetmap and System programming for all agencies. 5.4 Subscriber Template Management Purpose of Objective Defines the process that is used to document the radio subscriber template information for the effective management of the System. The System contains a large number of talkgroups to support the various agencies that subscribe to the System. Subscriber template configuration information is classified as `Restricted Information' and is not released to the general public. Technical Background The subscriber template is parameter information programmed into the individual subscriber radios to control how those radios perform on the System. An agency's subscriber template is developed and maintained by the Lead Agency with the input of each agency's radio representative. This is to ensure the agency gets the talkgroups, features, and functionality desired from the radios, while maintaining the overall functionality and integrity of the System. The radio subscriber template is usually specific to a particular agency, but an agency can elect to have different versions of the template based on the department's needs and operations. The templates normally contain the following information: • Radio Configuration — Specific information related to a particular model of radio, including but not limited to: button assignment, display options, menu items, and other radio wide parameters. • Conventional — Personality information that determines the radio's operation in the conventional mode such as frequencies, tones, and signaling options. • Trunking — Identifies System and talkgroup specifics that the subscriber radio has access to, as well as System and unit -specific ID numbers relating to the radios operation. • Scan — Defines the limits and lists of the subscriber radio's scan function, when equipped. • Zone Assignment — Where talkgroups are combined into specifically labeled 'zones' within the radio that represent or reflect operations of a particular agency or operation. The zone designation reflects an acronym, which should easily identify the zone as belonging to a particular agency. Operational Context The Lead Agency creates and manages all subscriber templates to ensure uniformity and proper operation on the System. Protocol/Standard User Agencies may have multiple subscriber templates based upon their operational needs. The Lead Agency shall maintain a subscriber template spreadsheet for each of the agency's template versions. City Council 11 — 61 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 57 of 83 The Lead Agency will work with each user agency to develop the subscriber templates for that agency. All subscriber template creation and modification shall be done by the Lead Agency. The Lead Agency shall maintain all associated documentation for each subscriber template. Procedure If individual agencies desire to make updates and/or changes to their subscriber templates, those change requests shall be submitted to the Lead Agency for review. The Lead Agency will approve or deny the request after reviewing impact to the System and other users. If approved, the costs for template change and subsequent reprogramming of subscriber radios will be borne by the requesting agency. The disclosure of the subscriber template configuration information, including talkgroup IDs, user IDs, user privileges and other related System information could substantially jeopardize the security of the System. This disclosure makes it more susceptible to tampering, sabotage, unauthorized use, jamming, hacking, unauthorized access to the contents of confidential voice and data communications. Therefore, the subscriber template spreadsheets shall be classified as'Restricted Information' and are not available to the general public except by formal written request to the 800 MHz CCCS Governance Committee. Management The Lead Agency manages all subscriber templates and programming for all agencies and maintains records of the process. Access is strictly controlled and is considered 'Restricted Information'. 5.5 Talkgroup Assignments Purpose or Objective Defines the assignment/usage of agency -specific, common and interoperable/mutual aid talkgroups and resources, and provides a standard so that the Lead Agency will have a firm guideline on allowing particular talkgroups programmed into radios. Operational Context Talkgroups are considered assigned by the agency for which the talkgroup was specifically created. The process for pre -defined sharing authorizations is explained in Section 5.6. Recommended Protocol/Standard There are three types of talkgroups that are programmed into the System: Agency -Specific — Created for, and controlled by, individual agencies for their day-to- day operations. These talkgroups cannot be accessed by other System users without express permission granted by the assigned agency. The process for obtaining this permission is outlined in Section 5.6. Common Resources — Talkgroups/channels created for common use among discipline specific agencies (law, fire, general) as needed. These talkgroups/channels are not controlled by any individual agency but are available for use by all Partner Agencies and are coordinated by the Control One. City Council 11 — 62 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 58 of 83 Interoperable/Mutual Aid Resources —These talkgroups/channels are established interoperable or mutual aid resources available to all System users based upon specific discipline (law, fire, general) and allow communications with non-CCCS System agencies as needed. These talkgroups/channels include the ability to be patched to non-800 MHz resources for greater interoperability. These talkgroups/channels are coordinated locally through the Control One. Procedure The Lead Agency will control all talkgroup generation and access parameters. Agencies shall immediately notify the Lead Agency when changes to an agency -specific talkgroup are required or the talkgroup is no longer required. Management The Lead Agency is responsible for the management of the Talkgroup Ownership policy. 5.6 Talkgroup Sharing Purpose or objective Defines how System Partner Agencies can permit other agencies to access to their agency - specific talkgroups. Technical Background Radios must be P25 compliant and compatible with the System. Refer to Section 4.13 of this SOP for additional details on subscriber equipment standards. Operational Context Partner agencies have the authority and control to define who is allowed access to their agency - specific talkgroups/channels. This process is accomplished with a formal written request to the Lead Agency from the requesting agency which is passed to the agency -specific talkgroup owner for approval. The request should include the specific talkgroup name desired and the intended purpose and potential users of the talkgroup. Protocol/Standard Agency -specific talkgroups/channels shall not be programmed into any other radios without the written permission from the controlling agency. Documented written approval letters shall be maintained by the Lead Agency for each talkgroup sharing agreement. Procedure The Lead Agency working with the talkgroup `owner' will process the request and, upon approval, make the necessary modifications to the requesting agency template. The Lead Agency will maintain all supporting documentation regarding the requested change. All costs associated with the template change and reprogramming will be borne by the requesting agency. Management City Council 11 — 63 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 59 of 83 The Lead Agency is responsible for the management of this procedure. 5.7 Talkgroup and Radio User Priorities Purpose or Objective Establishes varying priority levels for talkgroups to assure the most critical talkgroups on the System are granted a channel as quickly as possible when the System is experiencing busy conditions. Technical Background The System priorities can be managed both at the radio user level and at the talkgroup level. Operational Context Priority levels in the System are managed at the talkgroup level. The goal is to distribute priorities across the System talkgroups in a way that maximizes the ability for critical groups to communicate and minimizes the number of talkgroups with high priority. 5.9 Failsoft Assignments Purpose or Objective Creates and assigns System resources in a manner which maximizes System utility to users consistent with each user's mission and needs for radio communications during certain System failure situations. Technical Background When the System's main controllers detect certain failure conditions in the radio System, all available channels revert from a trunking mode into a conventional repeater type of operation that is given the term `failsoft'. During failsoft, talkgroups are assigned to a specific radio channel (frequency) if so programmed, which allows the users to continue voice communication while repairs are made to the System. There are a limited number of channels available in the System, which results in a number of talkgroups being combined on each channel while in failsoft. This requires the radio users to share those channels between numerous agencies. This congestion of radio traffic happens only during the failsoft condition. If a talkgroup is not given a failsoft assignment, radios using that talkgroup will hear the low pitched 'out -of -range' tone when the System is in failsoft, and will not be able to communicate on that talkgroup. Operational Context The radio programming template failsoft assignments are configured to balance the ability for users to achieve an acceptable level of communications while maintaining the individual agency's privacy when possible. While in the failsoft condition, effected radios will display the City Council 11 — 64 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 60 of 83 word 'FAILSOFT' on the radio display and emit a short high-pitched tone every 10-15 seconds to indicate to the user that normal trunked operation is unavailable. Protocol/Standard It is the policy of the Lead Agency to provide a failsoft assignment for every 'primary' talkgroup on the System to prevent loss of communications for users. Failsoft channel assignments are based on the needs of System users consistent with each user's mission and need for radio communications. The Lead Agency makes determinations concerning Failsoft channel assignments. During a Failsoft condition, dispatchers may need to announce instructions to radio users and remind them that operations may be combined among several agencies and to implement radio discipline to reduce radio traffic. Management The Lead Agency is the responsible authority for failsoft assignments and management. Agencies desiring additional information on failsoft assignments may request the information from the Lead Agency. 5.10 Scanning Purpose or Objective Identifies operational procedures and responsible authorities governing scanning System talkgroups. Technical Background The network infrastructure and subscriber units are configured to permit managed user scanning of talkgroups. Including a talkgroup in a non -priority scan list does not necessarily result in the user hearing traffic on that talkgroup. Talkgroups are only active if there is at least one user affiliated who has the talkgroup of interest as their selected channel. Subscriber units can scan a talkgroup, a talkgroup in another zone, or another trunked radio system if compatible. An entire radio can be set up as receive only. Operational Context Scanning by multiple subscriber units can quickly overwhelm a trunked radio system creating system busies. As a result, scanning on the System has been limited to the Fire Services as a legacy feature allowing scanning of their Dispatch Talkgroup and primary tacticals. Protocol/Standard Before scanning and/or monitoring of System talkgroups is allowed, permission must be obtained from the Lead Agency and the agency 'owning' the talkgroup. Scanning must also be approved by the requestor's agency in their template design. Scanning can only be enabled in the programming template by the Lead Agency. City Council 11 — 65 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 61 of 83 Management The Lead Agency is responsible for authorizing, programming and managing scanning in subscriber templates. 5.11 Emergency Button Technical Background The emergency button feature allows a radio user to send an emergency notification by pressing a button on the radio. The notifications audibly and visually alert dispatch console positions that have the initiating radio's talkgroup in their active configuration. Other subscriber radios on the same talkgroup also receive the emergency notification once the emergency' radio is keyed which will display the IUID (or alias if available) of the radio generating the emergency. Emergency calls are also automatically assigned the highest priority available by the System controller and are the first available from the queue if the System is in a busy situation. Operational Content The orange button on a portable or mobile radio will be programmed with the emergency feature for all agencies. Each agency should establish their own policy on how this feature might be used, taking into consideration how it will impact the System and other users including the Control One. The emergency feature can be used to alert dispatch and other users of an emergency situation and simultaneously allow the activated radio to have priority over other subscriber radios on the same talkgroup. Protocol/Standard The use of the emergency button as an emergency signaling option shall be available to any agency on the System, subject to certain conditions and provisions including: • Agencies must provide training to all users to ensure the safe and effective use of this feature. The Lead Agency can also provide training and training materials. • It is the individual agency's responsibility to determine how an emergency alarm will be deployed for their operation and the subsequent response to the alarm. • If a user is temporarily assigned a radio other than their normal issued equipment, it is essential that their designated monitoring point be made aware of the radio identification to cross-reference it to the correct user in the event an emergency button activation occurs. • All agencies implementing the emergency feature shall have a plan in place to respond to emergency button activation. All emergency button response plans must include the following: • An established radio monitoring point with the necessary console hardware/software to receive, display and acknowledge the alert. • Established monitoring point must be capable of identifying which radio user pushed the button and capable of responding to the user in need. (Dispatch Center or Control One) City Council 11 — 66 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 62 of 83 In the event that the monitoring point is not the same agency as the radio user, an agreement on policy, monitoring, use, and response, shall be in place among the agencies. Established monitoring points shall be available during any/all hours that personnel are using the System, or have an established after-hours arrangement with another monitoring point. No dispatcher shall clear an emergency without ascertaining what action is necessary to handle said emergency and taking the appropriate actions to do so. Control One receives all emergency button activations and will contact originating radio user's agency for follow-up when activations occur on common/interoperable talkgroups that are not assigned specifically to the agency in question. Management The Lead Agency will manage the overall Emergency Button policy. Agencies desiring to use the emergency key function shall coordinate with agency resources that receive the emergency calls. The receiving agencies shall have an appropriate plan in place and documented as to the process to handle the emergency calls. 5.12 Encryption Purpose or Objective Establishes guidelines for the use of encryption on the System. Technical Background Encryption is an option on digital radio equipment that must be specially ordered and manually configured. System users may or may not be capable of encryption depending on their equipment configuration and operational needs. AES is the approved standard for encryption on the System. Operational Context The use of encryption in the System is strapped to the specific talkgroups determined by the System users to provide secure communications. Encryption is not a feature that can be enabled or defeated at the user level. Each talkgroup is pre -determined to be either encrypted or clear and is programmed as such in the subscriber template. Radios transmitting with encryption cannot be heard by non -encrypted radios. An encrypted talkgroup that is patched to a non -encrypted talkgroup or channel is no longer considered secure communications as the encrypted audio is decrypted when pushed over the patched non -encrypted talkgroup/channel. Likewise, audio fed to an internet streaming application will not be secure. Protocol/Standard Only the Lead Agency is authorized to program encryption into radios on the System. City Council 11 — 67 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 63 of 83 Each agency shall determine if encryption will be used on its own agency -specific talkgroups. Certain common/interoperable talkgroups allocated to specific disciplines such as law/fire will be encrypted in all System radios. Non -encrypted common/interoperable talkgroups will also be available to System users who do not have encrypted radios. Care should be taken when assigning encrypted talkgroups to incident communications to ensure all applicable users have encrypted radios. Management The Lead Agency manages the encryption policy and the programming of encryption into all radios on the System. 6.0 INTEROPERABILM STANDARDS 6.1 Interoperable Communications Requirements Purpose or Objective Establishes a minimum requirement for interoperable communications resources for all radios using the System. Technical Background For the purpose of this document, the terms'mutual aid' and 'interoperability' will be used interchangeably. The term 'channel' will refer to a conventional resource. The planners of the System recognized the need to make common interoperable talkgroups available to all subscribers primarily for interagency and incident command communications. Therefore, in addition to agency -specific talkgroups, the System also provides talkgroups that are common to like -disciplined agencies (law, fire, public works, lifeguard) as well as talkgroups that are available to all System users to provide interoperability between disciplines. In addition to common System talkgroups, subscriber radios will also be programmed with local, state and national conventional interoperable channels. Most of these conventional interoperable channels are not encrypted but there are a few 700MHz encrypted channels available in encryption -capable radios. Operational Context Interoperable talkgroups & channels are used when there is a need to coordinate activities between different agencies and/or personnel assigned to work an event. Efforts should be made to utilize the lowest level of interoperable talkgroup/channel first if possible. For example, OC law agencies needing to coordinate with other law agencies should use the CCCS law interoperability talkgroups/channels before considering national level interoperable channels. If the coordination includes agencies that do not have access to the CCCS interoperable law talkgroups, statewide or national interoperable channels would be selected. Additional information on the operational use of these interoperable talkgroups/channels can be found in the'Official Communications Handbook' (Radio Code Book). City Council 11 — 68 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 64 of 83 Protocol/Standard All radios will be programmed to include the `general use' interoperable talkgroups and channels located in specific zones in the radio template. These talkgroups and channels will be programmed into predetermined specific zones in all System radios to provide uniformity in programming for ease of locating the talkgroups/channels when needed. Radio templates will also include discipline -specific interoperable talkgroups (ie. Orange, Gray, Black talkgroups for Law) in templates for all like -discipline agencies (law, fire, lifeguard, public works). These discipline -specific interoperable talkgroups/channels will be programmed into predetermined specific zones in all like -disciplined agency radios to provide uniformity in programming and ease of use. Additional information on the location of these interoperable talkgroups/channels in the radio programming templates can be found in the `Official Communications Handbook' (Radio Code Book) for each discipline. Procedure Coordination of all interoperable talkgroups and channels in Orange County is managed by the Control One. Any agency requiring interoperable talkgroups or channels should contact Control One for assistance with selecting and reserving these resources to meet their needs. Management The Lead Agency is responsible for managing this policy and ensuring interoperable channels are available and operational. The Countywide Coordinated Communication Center (Control One) is responsible for managing the assignment and use of the interoperable talkgroups and channels in Orange County. 6.2 Radio Console Patching of Talkgroups/Channels Purpose or Objective Establishes policy for use of a console patch between System talkgroups and/or other resources on the dispatch console. Technical Background Most public safety communications/9-1-1 centers have the capability to initiate a console patch but patches that include a common System resource shall be accomplished on a console at Control One. Console patches can be established between multiple System talkgroups and/or between a System Talkgroup and a non -System resource. The resources can be conventional or trunked but must be an existing radio resource on the dispatch console. Patches can be established without a radio dispatch console by using a deployable audio gateway, such as an ACU-1000. Approval is required prior to creating any patch. A talkgroup can only be in one patch at a time. A conventional channel can only be in one patch at a time. City Council 11 — 69 2/1/2022 Attachment A - ,Joint Agreement for 800 MHz CCCS Page 65 of 83 Great care must be used in deciding what talkgroups and other resources can be patched together as a patch can have an unexpected consequential impact on other System resources. The patch shall be monitored for continued coordination through Incident Command and/or dispatch personnel. Operational Context Console Patches should only be used when there is an operational need for communications between personnel that cannot be accomplished using common communications resources. Use of conventional resources in a patch must be in compliance with the rules governing mutual aid channel usage. Console patching will only be permitted when approved by agency Watch Commander/Incident Commander and after notification to the Control One supervisor. A patch involving agency -specific talkgroups/channels can be initiated on the local agency's console with approval by that agency's Watch Commander. Any patch involving a common System resource should be initiated by Control One. Protocol/Standard Each agency must develop written console patch and/or gateway device patch procedures addressing their unique operation and resource capabilities. These procedures shall be consistent with this policy. All communications center personnel shall receive initial and continuing training on the use of this procedure. Procedure When an incident requires interagency coordination that is not available on a common talkgroup or channel, a request for a patch can be initiated. If the desired resource to be patched is a local agency resource and their agency -specific talkgroup/channel, the requesting agency can initiate the patch on their local console with their Watch Commander's approval and notification to Control One. If the desired resource to be patched is a common System resource, the patch request must be directed to Control One after obtaining local agency Watch Commander approval. Control One will then initiate the patch from their console. Before initiating a System patch, check to make sure the radio resource being patched is not already being used by another agency. Radio console patches shall be used only if other suitable means for interagency communicating are unavailable or insufficient. Any time a console patch has been established, someone in the requesting agency's communications center must continually monitor the patch to address and mitigate communications problems. Management City Council 11 — 70 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 66 of 83 The Lead Agency is responsible for managing this policy. All agencies electing to use console patching are responsible for establishing and managing internal patch procedures and complying with this policy. 6.3 Use of the Statewide and National Interoperability Channels Purpose or Objective Defines the procedures for A use of the conventional Statewide and National interoperable radio channels for communications between radio users of disparate radio systems and/or different frequency bands. Technical Background The FCC has designated certain VHF, UHF, 700 MHz & 800 MHz frequency pairs to be used exclusively for conventional interoperable communications between public safety radio users. Each frequency band includes a calling/hailing channel to be used in contacting the coordination center for the local operational area. Additionally, each frequency band includes channels for tactical operations in both repeater and direct "talkaround" modes. In the Orange County Operational Area, these channels are coordinated by the Control One. All CCCS Partner Agency radios include many of the 700 MHz and 800 MHz interoperability channels in their standard radio programming template. Additional information on these channels, including channel names and general use, can be found in the discipline specific Orange County OYfiicial Communications Handbook (Radio Code Book) available to Partner Agencies through the Lead Agency. The Lead Agency also maintains repeater systems with Interoperable channels in the VHF and UHF frequency bands which are available to CCCS Partner Agency users through a gateway patch on the Control One radio console. This allows CCCS radio users to be patched to a non- 800 MHz radio system for interoperable communications with the users of that system. Operational Context These designated interoperable communications resources can be used for day-to-day interagency coordination, for urgent or emergency mutual aid situations, and/or for other purposes where coordination between radio users on separate 800 MHz radio systems or non- 800 MHz radio systems must communicate to perform assigned duties. These channels shall not be used for regular communications between radio users with full access to the CCCS, except when authorized and assigned by Incident Command. Protocol/Standard The 700 MHz and 800 MHz interoperability channels are programmed into the radio template of all CCCS subscriber radios. These channels may be used when traveling outside the coverage area of the CCCS System and are used to communicate with another 800 MHz radio system with base and/or mobile radios on those channels. City Council 11 — 71 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 67 of 83 Control One shall monitor the interoperability hailing/calling channels at all times. Procedure When an incident requires the use of a Statewide or National 700 MHz or 800 MHz interoperability resource, the requesting unit or agency will contact Control One to request the assignment of an interoperable tactical channel. Control One will assign an appropriate channel and monitor for any issues. When an incident requires the use of a Statewide or National VHF or UHF interoperability resource, the requesting unit or agency will contact Control One to request the assignment of a tactical radio channel in the appropriate frequency band. Control One will initiate a patch between the requested VHF or UHF resource and the 800 MHz talkgroup/channel used in the patch. Control One shall monitor all interoperability hailing/calling channels 24/7 to provide immediate assistance when requested. Management The Lead Agency will manage this policy and the coordination and maintenance of interoperable radio resources in Orange County. CCCS agencies are responsible for providing training to their personnel on the proper use of these Statewide and National Interoperable communications resources. 6.4 Control Station Usage on Interoperability Channels Purpose or Objective Establishes procedures for the use of control stations for gateway patching. Technical Background A control station is a radio that is set up like a portable or mobile radio, typically with a limited number of talkgroups or conventional radio channels. It can be connected to a radio console or used stand alone. A control station can function on only one talkgroup or conventional channel at a time. Use of a control station with a radio console to patch System resources can have a wide area impact. This type of patch can be easily accomplished, but may take up multiple trunked radio channels, causing the System to experience busies or possibly create radio interference. Control station usage must comply with parameters listed on the agency's FCC license. Operational Context There are a number of uses for control stations including: Installed at an agency that does not have a dispatch console to communicate with a conventional repeater or trunked radio system. Connected to a dispatch console at a communications center. City Council 11 — 72 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 68 of 83 • Installed in a Mobile Communications Unit/Vehicle. • Installed at an Incident Communications Center or Command Post. Protocol/Standard Radio control stations are permissible in the following circumstances: • Connected to a radio console to be used to access the System by non -System user agencies for interoperability purposes. • Installed in a MCU/MCV. • Installed temporarily in an Incident Communications Center or Command Post. • Connected to a radio console to be used to access the System by user agencies for interoperability purposes. • Used with an audio logger to record transmitted or received audio. All communications personnel performing the dispatch function shall be trained on the usage and constraints of the control station. They should receive continued training to maintain proficiency and understanding of the procedures. A radio technician, COMT or other authorized person shall be involved in the configuration, installation and testing of control stations, whether a temporary or permanent installation. Limitations • Control stations should not be used to patch a System talkgroup to another System talkgroup except when approved by the Communications Center Supervisor and the Control One Supervisor. • Control station antennas must not exceed 20' in height. If an antenna requires more height than 20' to access the System or mutual aid repeater, then a FCC license is required. • No control station antenna may exceed 200' in height. • Control stations should use Yagi (directional) antennas when possible. • Antennas should use the lowest gain possible. • Control station power should be kept as low as possible. Procedure Any agency wanting to use one or more control stations at the same location is only permitted to use that configuration if the design is compliant with this SOP. The process for obtaining permission is to submit a written request for control station usage to the Lead Agency Director. • The request shall describe the location, desired talkgroups/channels, antenna height, power, antenna type, antenna gain and feed line type of each control station. • The Lead Agency may approve, deny or request modifications to the request. Management The Lead Agency will manage this policy. City Council 11 — 73 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 69 of 83 Each Dispatch Agency Manager will ensure their personnel are properly trained on the use of control stations for gateway patching. 6.5 Required Monitoring of Interoperability Channels Purpose or Objective Establishes procedures for monitoring mutual aid/interoperability channels at communications centers and command posts. Operational Context Monitoring of mutual aid channels is imperative for the benefit of users needing assistance. Many channels have been identified to use for interoperability but not all of them will be monitored when not in use. Due to the fact that these Statewide and National interoperable channels do not belong to any one agency, there is no channel `owner' monitoring them. As a result, a designated monitoring center should be established in each Operational Area. Protocol/Standard Control One is the designated monitoring center in Orange County for all Statewide and National interoperability calling/hailing channels available. Control One will monitor and respond to any unit requesting assistance on the calling/hailing channel and assign an appropriate tactical channel as necessary. Dispatch Centers are responsible for monitoring any Statewide or National Interoperable channel assigned to them for an incident. The local Dispatch Center will monitor and respond to any communications traffic on the assigned interoperable channel until the completion of the incident. Once the incident has been terminated and the interoperable resource is no longer needed, the Dispatch Center will notify Control One and release their responsibility for monitoring the tactical channel. Management The Lead Agency will manage this policy. The Emergency Communications Coordinator will work with Control One to identify specific interoperable channels to be monitored 24/7 by Control One. Each Dispatch Agency Manager will ensure their personnel are properly trained on the use of Statewide and National interoperability resources. 7.0 MAINTENANCE RESPONSIBILITIES 7.1 System Maintenance Purpose or Objective City Council 11 — 74 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 70 of 83 Defines the System maintenance responsibilities and roles. The maintenance levels for the 800 MHz Radio System and its subsystems shall be set to a standard to protect the overall functionality and integrity of the System for all users. Operational Context The 800 MHz CCCS System is a complex network of radio sites and equipment that require highly trained engineering and technical personnel to constantly monitor the System and intervene as required to prevent System failure and quickly restore the System should any equipment experience failure. The CCCS Governance Committee has designated the Lead Agency as the primary agency responsible for the maintenance of the System. Agreements between the Lead Agency and maintenance contractors are at the Lead Agency's discretion, but the Lead Agency is ultimately responsible for the System maintenance. Recommended Procedure Any maintenance issues affecting the System will be addressed and resolved by the Lead Agency. The Lead Agency may, at its discretion, involve contract vendors in the process as necessary For emergency and urgent repairs, the Lead Agency may request and expect cooperation from support resources (e.g. — support staff and/or parts) from other agencies to restore equipment/systems to normal operation. For day-to-day maintenance, the Lead Agency or its contract vendor shall maintain the equipment. Repair of any equipment not normally maintained by the Lead Agency requires the notification and consent of the owning agency. The Lead Agency and/or their contracted service providers are responsible for: • FAA registrations, FCC ASR registrations and FCC licenses, ensuring that equipment is properly licensed and copies of the licenses are posted at the sites as required by regulations. • Maintaining equipment within the limits of County of Orange FCC licenses. • Notifying the responsible personnel of equipment and location issues that require attention. • Managing the inventory of the radio subscriber and infrastructure equipment. • Ensuring that equipment at the tower sites that is not part of the System inventory shall be clearly labeled to indicate agency ownership. • Routine equipment maintenance logs are kept at the sites. • Maintaining current copies of all as -built documentation at each site and at the Lead Agency office. Lead Agency is responsible for ensuring the accuracy of all as -built data related to the infrastructure equipment and any changes shall be immediately documented. Lead Agency shall distribute the updated information as required. • Coordinating, implementing and/or overseeing configuration changes affecting the System infrastructure. City Council 11 — 75 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 71 of 83 • Any work being scheduled affecting the System and/or subsystems performance and reasonable notification to the System's users of same. • Ensuring all technicians assigned to work on System equipment have successfully completed appropriate training on the equipment. Training requirements are referenced in the training section of the SOP. • Following a preventive maintenance plan as defined in the preventative maintenance section of the manufacturers' manuals. • Maintaining a list of the qualifications and contact information of technical staff in the event of an emergency. • Maintaining a list of the available spare parts/equipment pertaining to the System and subsystems. • Ensuring any equipment upgrades or changes affecting normal operations of the System are discussed and approved by the Governance Committee. • Determining how critical an equipment failure is operationally, determining the appropriate action, and escalating or de-escalating the repair process as needed. Management The Lead Agency is responsible for managing the maintenance of the System equipment and sites and managing the repair responsibilities in emergency situations. 7.3 Maintenance / Repair Notifications Purpose or Objective Defines the procedure for notifications of scheduled and unanticipated maintenance activities having an impact on normal System operations, System interruptions, and System outages. It is the policy of the Lead Agency to provide guidelines for user notifications for any maintenance actions having a potential for System interruptions. Technical Background Typically, equipment functionality can change when hardware and software configuration alterations or other maintenance activities are performed. Advanced notification of planned maintenance activities that impact the normal operation of the System allows user agencies and subscribers to make preparations as needed. Notification will also be made to user agencies when a catastrophic failure happens. If the notification process is difficult and lengthy, it can become a barrier to making notification to user agencies. Failure to make proper notification to user agencies can result in unneeded confusion, disruption or loss of public safety communications, and possible compromise of any special operations communications. Operational Context City Council 11 — 76 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 72 of 83 Affected agencies shall be notified of maintenance activities that impact their subscribers on the System. Agency notification of radio maintenance activities to their individual subscribers is at the discretion of the user agency's designated representative. Protocol / Standard The Lead Agency is responsible for monitoring the System on a 24-hour basis, through various methods including on -site staff in the System Watch unit. Maintenance activities, planned or unplanned, that could impact the subscribers usage of the System requires notification to the affected agency's radio representatives. In the event of planned maintenance, all efforts should be made to conduct this type of activity during off-peak hours where radio utilization is as low as possible. If an emergency or high priority incident is in progress at the time of scheduled maintenance, it may be necessary to reschedule or delay the maintenance until the situation has stabilized and can be safely moved to alternate talkgroups or channels. Procedure A reasonable advance notice shall precede planned maintenance activities that affect the agencies using the System. The notification methods shall be by phone, e-mail, radio, or any combination of the same. The notification will consist of: • The type of planned maintenance activity. • When the maintenance will be conducted. • The amount of time anticipated to complete the activity. • The anticipated impact to the System and subsystems. If a known activity has a significant operational impact upon any specific agency, a confirmation of receipt of notification shall be obtained. It is the responsibility of the Lead Agency to ensure that all affected users are notified will in advance of any such operations. Whenever possible, these operations shall be scheduled when the normal radio traffic is slowest. Prior to commencing the maintenance operation, personnel from the Lead Agency shall coordinate with Control One to contact each affected dispatch center's supervisor for a last minute situational briefing. Once maintenance operations begin, if dispatch operations recognize a need to terminate the operation, or if unexpected problems occur, a communications supervisor must call Control One to have the technical staff notified of the situation. Unanticipated maintenance or equipment failures affect the agencies on the System and require notification to the affected agency's radio representative. Upon notification of an equipment outage, Lead Agency technical staff is expected to: • Determine the impact of the impairment to the operation of the System. A minor failure is something that either does not affect or minimally affects user functionality. A major failure is something that seriously affects or risks user functionality of the System. City Council 11 — 77 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 73 of 83 Determine if there are internal or external factors that alter the priority of System impairment, such as weather, subscriber loading unique public safety activities or impending events, etc. Determine if manual intervention is required. A serious failure requires initiating repair processes regardless of the time of day. Minor failures can wait until normal business hours or other convenient time before repair. The determination is at the discretion of the Lead Agency, and shall be based on internal System functionality and external subscriber needs. • Deternine if additional external resources are required. Once the operation or repairs are complete, Lead Agency personnel shall contact Control One for an update and user feedback. When requested by the Governance Committee, the details of the recovery processes may be reviewed for improvements. Management The Lead Agency is responsible for maintaining this policy and ensuring representatives from all affected agencies are notified as appropriate. Each agency's radio representatives are responsible for notifications within their respective agencies. 7.4 System Coverage Purpose or Objective Establishes the requirements for regular outdoor testing and verification of System signal quality and coverage. Technical Background Signal coverage of the System fluctuates constantly and is influenced by many conditions including but not limited to: • Terrain. • Weather. • Vegetation. • Building Construction. • Equipment Condition. • Location. Regular sampling of signal quality and strength at pre -designated locations will help to confirm adequate coverage, or if a problem might have developed in certain locations due to changes in one of the above conditions. Operational Context Periodic coverage testing is a critical component of System operation and maintenance, and will continue toward identifying and mitigating any signal coverage issues, including any potential effects of new building construction and development. City Council 11 — 78 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 74 of 83 Protocol / Standard Lead Agency staff performs comprehensive signal coverage test to evaluate the System's signal strength and quality across the service area. The locations and number of individual test points shall be based on the area's building density and known areas of poor coverage. The results of each test will be compared to previous results and monitored for signal degradation. Test results will be stored on a shared data server for historical comparisons. Management 4 The Lead Agency Director oversees the process, evaluates the results, develops remediation strategies, and reports significant findings to the Governance Committee. 7.5 Repair Parts Inventory Purpose or Objective Establishes an inventory control procedure for infrastructure and subscriber repair parts. It is the policy of the Lead Agency to ensure that planning is in place and available resources identified to expedite the recovery of the System and related components in the case of disaster, catastrophic failure or other major incident that affects operations of the System. Operational Context Lead Agency will maintain an inventory of spare parts for regular repairs to the System and subscriber radios. Protocol / Standard The spare parts inventory for infrastructure and subscriber units shall be kept at Lead Agency facilities for ready access when needed. Management The Lead Agency maintains and manages the repair parts inventory. 7.6 Disaster Recovery Purpose or Objective Establishes the minimum requirements for a System disaster recovery plan. It is the policy of the Governance Committee and Lead Agency to ensure that planning is in place and resources identified and available to expedite the recovery of the System and related components in the case of disaster, catastrophic failure or other major incident that affects operations of the System. Operational Context Lead Agency personnel will maintain a comprehensive plan for restoration of the System during times of disaster. If the Operational Area EOC is activated, the Emergency Communications City Council 11 — 79 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 75 of 83 Coordinator (ECC) must be notified of any System problem so that it can be logged into WebEOC. Management The Lead Agency maintains and manages the Disaster Recovery Plan. 8.0 SITE AND SYSTEM SECURITY 8.1 Site Security Purpose or Objective Establishes the minimum requirement to provide site security and protect the integrity of the System's radio towers equipment shelters and equipment. Technical Background Security measures have the overall benefit of protecting the functionality, integrity and operation of the System. Details of specific security measures cannot be placed within a public document as this would compromise measures used in monitoring and maintaining security. Operational Content The physical security of equipment, facilities, and structures making up the core of the radio System infrastructure is paramount to the reliability and availability of communications carried on the System. Each site is within a fenced, gated and locked compound, with shelter entry monitored and reported to a central monitoring point. A remote controlled camera systems are installed and monitored for any unauthorized entry or security concerns. Protocol / Standard Access to the sites are tightly controlled and entry to those sites is granted only to those personnel with proper authorization from the Lead Agency. All personnel requiring site access must be accompanied by Lead Agency staff. Unaccompanied access to any System site is not authorized. Entry alarms for the remote sites are received at Systems Watch and sent immediately to Lead Agency technical support staff. Procedure Notification to Lead Agency Technical staff and Systems Watch is required of all agencies and vendors prior to gaining site access. Any person requiring access to the tower sites for any reason shall have full clearance from the Lead Agency and be accompanied and monitored by Lead Agency personnel while on site. Law enforcement personnel will be immediately notified and dispatched to any site with unexpected or unexplained alarms or unidentified personnel viewed remotely from the camera systems. Any agency or vendor requiring access to any tower site or equipment location shall make immediate notification to the Lead Agency of urgent issues such as discharged employees or cancelled contracts. City Council 11 — 80 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 76 of 83 When a site has been vandalized or broken into, the jurisdictional law enforcement agency should be notified. The person who discovers the event has the responsibility to preserve the crime scene and not contaminate it. He/she should have Systems Watch log the time when the event was discovered and any other pertinent information relating to the site/scene. Systems Watch should notify the appropriate local law enforcement agency as well as the Orange County Sheriff's Department Watch Commander and Control One. Other agencies may be notified if they own equipment at the site. Lead Agency will notify all affected agencies as soon as possible. When the site is off the air due to a crime, the technician should refrain from making entry unless permission has been given by the Lead Agency Director due to extreme circumstances taking place that requires coverage from the site. If a radio technician should arrive at a site and an unauthorized vehicle or person is on the property, they should back off, notify Systems Watch and call 911. The technician should give the 911 call taker the street address and advise them of the situation. If there is no cell service on site, the technician should radio the information to Systems Watch and request law enforcement response. Systems Watch personnel should immediately contact the appropriate law enforcement agency to request response. Systems Watch personnel will also notify Lead Agency supervisors and management. At no time should the technician put themselves at risk of harm. If a technician has to respond to a vandalized remote site after normal business hours, it is recommended for safety reasons that a minimum of two persons respond to the site. Law enforcement may be requested to go to the site with the technician. Management The Lead Agency Director is responsible for managing this procedure. 8.2 Network Operational Security Purpose or Objective Establishes the specific security measures for System and subsystem equipment and to define site security policy. Technical Background Security measures have the overall benefit of protecting the functionality, integrity and operation of the System. Details of specific security measures cannot be placed within a public document as this would compromise measures used in monitoring and maintaining security. Protocol / Standard All items identified as `Restricted Information' will be maintained in secure areas within the control of the Lead Agency and is not available outside of the Lead Agency except by formal written request. Technical information that can compromise System security is considered 'Restricted Information'. City Council 11 — 81 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 77 of 83 The System's network is protected from other data networks by isolation or by using System manufacturer specified and configured firewall with the approval of the Lead Agency. All remote access points to the System are kept secure and are coordinated with the Lead Agency. Passwords protect the System and subsystem equipment for the purpose of preventing unauthorized access to equipment. The Lead Agency issues and manages the passwords. User login accounts are protected with passwords providing an appropriate level of protection. If a password is suspected of being compromised, it must be immediately updated or the user account will be disabled pending resolution. External devices (computers, modems, routers, data storage, etc.) shall not be connected to the System network, computers, or consoles without the approval of the Lead Agency Director. Any such device must also be supplied, supported, and maintained by the user Agency's Information Technology department or service provider to ensure the most current device security software and virus protection is in place. At no time will any personally owned device be connected to any port or connector on the System. Any such action may result in the immediate revocation of access privileges for the offender and/or agency. It is recommended that computers used for programming or maintenance not be connected to the internet to help reduce possibility of virus infection. A `Group Policy' shall be implemented on the System to prevent the use of external USB ports on all dispatch consoles. Procedure All agencies, contractors, and personnel that require access to Lead Agency controlled sites, equipment or networks must pass a comprehensive background check before access is allowed and must be accompanied by Lead Agency staff while on site. Violations of System security policy or procedures may jeopardize the System and result in the loss of a technician's, agency's or vendor's privileges to access the System. System documentation is classified as'Restricted Information'. Management The Lead Agency Director is responsible for the network, equipment, and site security of the System. 8.3 Software, Firmware and Document Security Purpose or Objective Establishes the minimum security measures and procedures to protect the integrity of the System software and programming. City Council 11 — 82 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 78 of 83 Technical Background The documentation, service and technical manuals, databases, spreadsheets and software of the System contain critical operational and technical information that could compromise the System if obtained by unauthorized personnel and is classified as `Restricted Information'. Operational Context The documentation and software of the System changes as the System evolves. Those changes and revision must be documented and maintained in a central location for quick and easy access for the technical support staff. Protocol Standard In the best interest of public safety, all documentation, service and technical manuals, databases, spreadsheets and software of the System are considered `Restricted Information'. Software relating to the programming of any System component shall only be installed on authorized government owned computers or Lead Agency authorized contractors' computers. Procedure All items identified as `Restricted Information' will be maintained in secure areas within the control of the Lead Agency Director. These items will only be shared with those who require knowledge of it for operational purposes. This information is not available to anyone outside of the Lead Agency. An exception may be made with a formal written request and approval from the Governance Committee. This information is not to be released to any personnel who do not have a legitimate and appropriate need for it. Management The Lead Agency Director is responsible for managing this procedure. 9.0 APPENDIX 9.1 Lead Agency Contact Information Normal Working Hours — Monday -Friday 7:30AM — 4:30PM Customer Service — 714-704-7999 • Radio repair request • Radio programming request • Radio/accessories purchase request • Dispatch console repair request Systems Watch — 714-628-7020 • Lost/Stolen radio notification • Radio deactivation • Radio transmission history/statistics After Normal Working Hours City Council 11 — 83 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 79 of 83 Systems Watch — 714-628-7020 • Lost/Stolen radio notification • Radio System coverage issues • Emergency radio repair requests • Emergency dispatch console repair requests Control One — 714-834-7008 • Operational issues • Request restricted talkgroup assignment • Interoperability assistance • Emergency radio or console repair requests Physical Address: OCSD/Technology Division — Administration & Radio Repair 840 N. Eckhoff St. Suite 104 Orange, CA 92868 9.2 Glossary — Definitions and Acronyms Item/Acronym Definition For Public Safety LMR, digital P25 voice radio channels between 769/775 MHz 700MHz and 799/805 MHz. Channels have 30 MHz seperation between Tx & Rx when repeated. FCC designated low power channels can be used analog voice. 7CALL / 7TAC Nationwide 700 MHz Calling and Tactical channels For Public Safety LMR, analog or digital voice or data radio channels between 800MHz 806/816 and 851/860 MHz. Channels have 45 MHz seperation between Tx & Rx when repeated. 8CALL / 8TAC Nationwide 800 MHz Calling and Tactical channels An audio gateway device capable of connecting disparate radio systems, ACU-1000 channels, or talkgroups together during on -scene operations, similar to a console patch between talkgroups AES Advanced Encryption Standard Alias A common alphanumeric name used to identify a radio, talkgroup, site, etc. rather than referencing the assigned 6 digit ID number ANSI American National Standards Institute APCO Association of Public -Safety Communications Officials APCO P25 A public -safety digital radio standard City Council 11 — 84 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 80 of 83 ASK Advanced System Key BDA Bi-Directional Amplifier, relays radio signals into and out of a building BER Bit Error Rate CCCS Countywide Coordinated Communications System Channel A pair of frequencies, transmit and receive, that are used for a single communications path Channel Bank A device that combines multiple data and/or audio inputs into TDMA format so that it can be transmitted over microwave or T1 circuit and shared between transmitter sites Code plug The file containing a specific radio's programming parameters COMC Communications Coordinator COML Communications Unit Leader COMT Incident Communications Technician Console Patching Ability to connect channels via dispatch consoles Consolette A mobile radio mounted into a case with power supply and converted for desk- top use Control Station An installed radio unit, sometimes a mobile radio, normally found at a desk or common work area indoors or directly connected to a console or other fixed transmitting location DAS Distributed Antenna System, relays radio signals into and out of a building Digial radio Digital radios turns sound {by signal processing} into patterns of digits (numbers) rather than the radio waves which are used for analog transmissions. Dispatch Console A fixed radio operator position with multiple radio resources and features that can access any subset of talkgroups and/or conventional channels ECC Emergency Communications Coordinator EIA Electronic Industry Alliance EMS Emergency Medical Services EOC Emergency Operations Center FAA Federal Aviation Administration FCC Federal Communication Commission Fixed Radio equipment that is installed at a radio site or dispatch center Fleetmap The master spreadsheet plan of the talkgroups, zones, Failsoft assignments, alias information and other pertinent System and radio programming FM Frequency Modulation Gateway A device that allows two or more radio or voice devices to be connected together IAP Incident Action Plan City Council 11 — 85 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 81 of 83 IC Incident Command ICALL Calling Channel for ITAC ICC Incident Communications Center ICP Incident Command Post ICS Incident Command System ICS 205 Incident Radio Communications Plan ICS 217 Communications Resource Availability Worksheet ID Identification Infrastructure All of the fixed electrical and mechanical equipment, towers and building structures, generators, transmitters, controllers, antennas, microwave and ancillary equipment that comprise the operational backbone of the radio System Inter -agency Located or occurring between two or more agencies Interoperability The ability of Public Safety responders to share information via voice and data communications systems on demand, in real time, when needed, and as authorized. Interoperable Ability of a system to use the parts or equipment of another system ITAC Conventional mutual aid channel 800 Mhz ITS Information Technology Services IUID Item Unit Identification number is a unique number assigned to each individual subscriber radio authorized to have access to the System. Lead Agency Agency primarily responsible for maintenance, management, operation and enhancement of the CCCS System. The CCCS Governance Committee has designated the Orange County Sheriff Department Technology Division as the Lead Agency. LMR Land Mobile Radio Logging The act of recording radio conversations for replay as required MCC Mobile Communicaiton Center MCU Mobile Communications Unit MCV Mobile Communications Vehicle MHz Abbreviation for megahertz. 5 MHz = 5,000,000 Hz or 5,000 kHz. A unit of measure for the number of times a frequency makes one complete cycle in one second Mission Critical For mission critical applications, users have an expectation of "immediate" communication with their dispatch or command center and little to no end -to - end audio delays. Mobile Radio A vehicular mounted radio with an power source and antenna Mutual Aid Personnel, equipment, or services provided to another jurisdiction City Council 11 — 86 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 82 of 83 NECP National Emergency Communications Plan NGOs Nan -Governmental Organizations NIMS National Incident Management System OCCOPSA Orange County Chiefs of Police and Sheriff's Association OTAP Over the Air Programming OTAR Over the Air Rekeying A suite of standards for digital radio communications for use by federal, state P25 and local public safety agencies in North America to enable them to communicate with different vendor radio systems using a common platform Patch Electrically connecting two or more radio channels or talkgroups so that those users of those separate resources are able to communicate with each other POC Point of Contact Portable A lightweight, completely self-contained radio unit usually worn on user's belt An agency, department, or individual directly involved with the health, safety, Public Safety and/or security of the public including, but not limited to police, fire, emergency management, and medical personnel and responders An agency, department, or individual involved with providing non -emergency Public Service type services to the public including, but not limited to utilities, transportation, education, and other governmental services, supporting public safety Documentation, service and technical manuals, databases, spreadsheets and software of the System containing critical operational and technical information that could compromise the System if obtained by unauthorized personnel. Restricted Information All items identified as'Restricted Information' will be maintained in secure areas within the control of the Lead Agency and is not available outside of the Lead Agency except by formal written request. RF Radio Frequency SCIP Statewide Communications Interoperability Plan SEOC State Emergency Operations Center Simplex Radio to radio communications on one frequency. Also called Direct A type of radio communications in which voice communications are transmitted Simulcast from multiple radio sites and can be received simultaneously by field units to provide wide area coverage Site The physical location of an antenna tower, equipment shelter and radio System infrastructure equipment SOP Standard Operating Procedure SOW Site on Wheels Subscriber Unit A mobile, hand held or control station radio used on a trunked radio system System User An individual operating a radio authorized to access the System. City Council 11 — 87 2/1/2022 Attachment A - Joint Agreement for 800 MHz CCCS Page 83 of 83 Definition Lead Agency unit responsible for 24/7 monitoring of CCCS and responding to System Watch any System issues. This includes notifications, troubleshooting, callouts, repair, etc., resulting in System restoration. TAC Tactical on scene operation Talk Around Radio to Radio communications on one frequency, usually the same frequency on which a repeater transmits. Simular to Direct or Simplex Term ususally used with trunked radio systems. A talkgroup is a predefined list Talkgroup of radios/users assigned a unique ID which allows them to communicate with each other over a trunked radio system. Talkgroup Alias Abbreviated naming of the talkgroup to fit within the 8 or 14 character radio display Talkgroup Failsoft Channel The system channel designated for a talkgroup when in the failsoft mode Talkgroup ID Numerical designation of the talkgroup in decimal and/or hexadecimal Talkgroup flame fume of the talkgroup as it is programmed into the system TIA Telecommunications Industry Association Trunking/Trunked The automatic and dynamic sharing of a number of communications channels between large numbers of radio users UHF Ultra High Frequency — Range of 300 to 3,000 MHz for public safety LMR usually refers to two bands. 380 to 460 MHz (low) and 460 to 512 MHz (high). UPS Uninterruptible Power Source — a battery back-up device that provides emergency power to connected equipment when utility power is not available. User Agency An agency authorized to operate a radio on the System. Very High Frequency — For public safety LMR, usually refers to VHF High Band VHF with a range of 136 to 164MHz. VHF Low Band has a frequency range below i00MHz. An area in the radio / template containing positions for 16 individual talkgroups Zone or conventional radio channels which is normally labeled by an acronym that closely represents the owner agency City Council 11 — 88 2/1/2022 Public Works Agency www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Santa Ana Regional Transportation Center — Lease Agreement AGENDA TITLE Approve a Lease Agreement with Railworks Track Services, Inc., for Office Space at the Santa Ana Regional Transportation Center for a One-year Term with Twelve One -month Extensions for a Total Amount of $87,120 (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a site lease agreement with RailWorks Track Services, Inc., to compensate the City $3,630 per month, with any partial month prorated at $120 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a one-year term beginning February 1, 2022, and ending January 31, 2023, with an option for twelve month -to - month extensions, for a total of $87,120 in lease revenue for the entire term of the agreement, including optional extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing Fiscal Year 2021-22 lease income in the amount of $18,150 into the PWA-SARTC Operations, Rental-RailWorks revenue account and appropriating the same amount to the PWA-SARTC Operations, Contract Services -Professional expenditure account. (Requires five affirmative votes) DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), interstate bus services, and in the future, the OC Streetcar. The facility is open to the public seven days a week from 5:00 a.m. to midnight and contains approximately 35,000 square feet of rental space, including ten bus bays. The OC Streetcar is the first modern streetcar project to be built in Orange County. It will service Santa Ana's historic downtown, which includes federal, state, and local courthouses; government offices; colleges; an artists' village; and a thriving restaurant scene. The OC Streetcar will operate along a 4.15-mile route that connects SARTC and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove. City Council 12 — 1 2/1/2022 Approve Lease Agreement with RailWorks Track Services, Inc. February 1, 2022 Page 2 OCTA is the lead agency for the OC Streetcar Project and selected Walsh Construction as the Contractor. SARTC quickly became a central hub for contractors working on the Streetcar Project due to the close proximity to the project site and the availability of office space. The City Council approved a site lease agreement on April 6, 2021, with RailWorks Track Services, Inc., for 326 square feet of office space at SARTC. Recently, RailWorks Track Services approached City staff requesting additional office space. RailWorks is interested in renting Suite 103, consisting of 1,452 square feet of office space. The intent is to occupy both offices until the current lease expires on March 31, 2022, at which time, RailWorks will continue to occupy Suite 103 until the lease termination date. Staff seeks approval of the lease agreement, which will generate revenue for SARTC's day-to-day operations. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Approval of the site lease agreement obligates RailWorks Track Services, Inc., to compensate the City $87,120 for the term of the lease agreement, including renewal options, for lease of interior office space at the SARTC. The one-year agreement term begins February 1, 2022, and ends January 31, 2023. There is an option for twelve one - month extensions. Approval of the appropriation adjustment will recognize Fiscal Year 2021-22 lease income in the amount of $18,150 into the PWA-SARTC Operations, Rental-RailWorks revenue account (No. 06717002-53832) and appropriate the same amount to the PWA-SARTC Operations, Contract Services -Professional expenditure account (No. 06717650-62300) for expenditure in Fiscal Year 2021-22. The remaining revenues and expenditures will be recognized and appropriated during the Fiscal Year 2022-23 budget process. Accounting Unit Fund Accounting Unit, Fiscal Year _ Account # Description Account Description Amount 2021-22 Regional PWA-SARTC Operations, 06717002-53832 Transportation $18,150 (Feb -June) Center Rental-RailWorks 2022-23 Regional PWA-SARTC Operations, 06717002-53832 Transportation $25,410 (July -Jan) Center Rental—RailWorks Renewal Option: 2022-23 06717002-53832 Enterprise Fund PWA-SARTC Operations, $18,150 (Feb -June) Rental—RailWorks City Council 12 — 2 2/1/2022 Approve Lease Agreement with RailWorks Track Services, Inc. February 1, 2022 Page 3 2023-24 Regional PWA-SARTC Operations, (July -Jan) 06717002-53832 Transportation Rental—RailWorks $25,410 Center Total: $87,120 EXHIBIT(S) 1. Lease Agreement with RailWorks Track Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 3 2/1/2022 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND RAILWORKS TRACK SERVICES INC. FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE (the "Lease") is made as of February1, 2022, 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" or "Landlord"),and RailWorks Track Services, Inc. ("Tenant"). 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit "B" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 103, consisting of approximately 1,452 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Premises are more particularly described in Exhibit A. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall be for a period of one (1) year, which shall commence on February 1, 2022 (the "Commencement Date"), unless sooner terminated or extended as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for twelve (12) additional periods of one (1) month each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a. Consumer Price Index (CPI) increase for any extension period. City Council 12 – 4 2/ 1 /2022 6, RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") the monthly sum of Three Thousand Six Hundred and Thirty Dollars ($3,630.00) in advance, on the 1 st day of each calendar month and continuing through the life of the Term. Any partial month shall be prorated at $120 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 161H of the month. Landlord and Tenant hereby agree that Rent for any Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment annually on the anniversary of the commencement date of the term hereof. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any pall thereof beyond the expiration or tennination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable, wear and tear, Landlord agrees at Landlord's expense to (1) provide general building maintenance, and (2) maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical City Council 12 – 5 2/ 1 /2022 wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be Tenant's 's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease or any Extension Period, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term or any Extension Period of this Lease. 12. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services for the Premises. Janitorial supplies and services shall be provided on a five -day -per - week basis. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term and any Extension Period, including charges or assessments for water, sewer, gas, heat, electricity, garbage disposal and trash disposal. 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may City Council 12 – 6 2/ 1 /2022 be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Tenant's use of the Premesis, the entry by any Tenant Party on the License Area or surrounding property, or Tenant's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Tenant will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Tenant, upon receipt of written notice from Covered Party, shall defend the same'at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 16 shall survive the termination or expiration of this Agreement. 17. INSURANCE: Throughout the Tenn or any Extension Period, Tenant shall maintain insurance as described below: a. Commercial General Liability Insurance: Commercial general liability insurance for injury to person (including death) or damage to property occurring within the building arising out of the use and occupancy thereof by Tenant, its licensees, employees, invitees, agents and customers. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Tenant, if Tenant 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, Tenant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. City Council 12 – 7 2/ 1 /2022 d. Property Insurance. Tenant shall maintain not less than $1,000,000 Fire Legal liability on all real property being leased, including improvements and betterments owned by the Landlord, and shall name the Landlord as a loss payee. Tenant shall also provide fire insurance on all personal property contained within or on the leased premises. The policy must be written on an "all risks" basis, excluding earthquake and flood. The Tenant shall name the Landlord as additional insured. e. Interruption of Business Insurance. Tenant shall, at its sole cost and expense, maintain business interruption insurance by which the minimum monthly rent will be paid to Landlord for a period of up to (1) year if the premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. f. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: i. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Landlord shall be entitled to the broader coverage and/or higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord. ii. Tenant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. iii. Certificates of insurance shall be furnished to the Landlord upon execution of this Agreement. iv. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. V. If Tenant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Landlord with required proof that insurance has been procured and is in force and paid for, the Landlord shall have the right, at the Landlord's election, to forthwith terminate this Agreement as provided herein. 18. DAMAGE BY CASUALTY (a) In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. (b) If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. The City Council 12 – 8 2/ 1 /2022 entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty incident. (c) Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant Improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). (d) In the event of (i) the total destruction of the Premises, (ii) the partial destruction of the Premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within sixty (60) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord during this sixty (60) day period within fourteen (14) days after the termination of the lease. 19. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. City Council 12 – 9 2/ 1 /2022 (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 21. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the construction of the OC Streetcar at SARTC, which is under construction. Such construction may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must use the surface lots at SARTC. 22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately. 23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. City Council 12 – l0 2/l/2022 (b) During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and costs of remediation, arising from Tenant's breach of any of the representations and warranties contained in this Section. 24. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to this Lease 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, to the following persons. TO TENANT: TO CITY: RailWorks Track Services, Inc. Public Works Agency Attn: Ernesto Rivera City of Santa Ana 12740-B Lakeland Road 20 Civic Center Plaza (M-21) Santa Fe Springs, CA 90670 Santa Ana, California 92701 Attention: Executive Director of Public Works Agency AND Clerk of Council City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior to the effective change. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by snail, 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly for office space. No other use of the Premises shall be pennitted without written consent of Landlord. 26. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 103 contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. City Council 12 – 11 2/1/2022 (b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. (c) This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. (d) if any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. (e) The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. (0 This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. (g) The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. (h) Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. (i) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 0) Time is of the essence in the performance of each party's respective obligations. City Council 12 – 12 2/l/2022 (k) This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. (1) Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. (m) All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. (n) All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. (o) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. [Signatures on the following page] 10 City Council 12 – 13 2/1/2022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Jose Montoya Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager RAILWORKS TRACK SERVICES, INC. C u . Jim S. Austin III Vice President, General Manager RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency 11 City Council 12 – 14 2/l/2022 EXHIBIT A — PREMISES 12 City Council 12 – 15 2/1/2022 w w lY n Q m X w Railworks Suite 103 SW :Y I'A' City Council 12 – 16 2/l/2022 EXHIBIT B ADDITIONAL LEASE CONDITIONS • SARTC business hours are seven days a week from 5AM to midnight and there is on -site security 24/7. If tenant needs to access tenant space during non -business hours they will need to contact the security guard on duty at 657-236-9293 or 657-236-9266. • Tenant must provide SARTC Property Management Office with a point of contact for regular business hours and after hours. 13 City Council 12 – 17 2/l/2022 Public Works Agency www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: On -Call Traffic Control Services AGENDA TITLE Approve Agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. for up to a Three-year Term in an Aggregate Amount not to Exceed $500,000 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. to provide on -call traffic control services and equipment rental for a three-year period beginning February 1, 2022, and expiring on January 31, 2025, with a provision for one two-year extension, for a total shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 2, 2021, the Public Works Agency issued a Request for Proposal (RFP) for contractors to provide on -call traffic control services and equipment rental (Exhibit 1). The selected contractor(s) will supplement City staff by providing temporary and permanent traffic control services, and the necessary traffic control devices, personnel, and related equipment. This work generally consists of work -area traffic control setup, job site flagging, lane closures, road closures, detour routes, and special event traffic control. The RFP was advertised on the City's online bid management and publication system, with bids due on November 30, 2021. Two contractors downloaded the project documents. Two proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding contractors and their ranking: City Council 13 — 1 2/1/2022 On -Call Traffic Control Services February 1, 2022 Page 2 Rank Firm Average Score Location 1 California Barricade Rentals, Inc. 98 Santa Ana 2 Statewide Safety Systems, Inc. 94 Garden Grove In accordance with the RFP, staff recommends awarding contracts to California Barricade Rentals, Inc. (Exhibit 2) and Statewide Traffic Safety and Signs, Inc. (Exhibit 3). Both contractors demonstrated a high technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor. EXHIBIT(S) 1. RFP No. 21-120, On -Call Traffic Control Services 2. Agreement for California Barricade 3. Agreement for Statewide Safety Systems, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 2 2/1/2022 000111:11116 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 Azadeh Azad Project Manager (714) 647-5667 Office aazad i ,santa-ana.org Approved for Release: ��� Zdenek Kekula Principal Civil Engineer Public Works Agency KEY RFP DATES (Subject to chan1le at discretion of City): Issue Date: Tuesday, November 2, 2021 Deadline for Requests for Infbi7nation: Tuesday, November 16, 2021 Proposal Due Date: Tuesday, November 30, 2021; 2:00 PM. Projected Award Date: Tuesday, January 11, 2022 City Council 13 — 3 2/1/2022 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified Traffic Control Companies. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than November 30, 2021 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.21-120 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: AZADEH AZAD Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at hM2s://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council City of Santa Ana Rqf 21420 2/1/2022 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 5 II. PROPOSAL TERMS AND CONDITIONS 7 A. EXAMINATION B. EXECUTION OF AGREEMENT C. PROPOSAL VALIDITY D. PRE -CONTRACTUAL EXPENSES E. JOINT OFFERS/SUBCONTRACTORS F. DIR REGISTRATION G. PREVAILING WAGES H. PREVAILING WAGE, COMPLIANCE AND MONITORING J. SAFETY PROGRAM REQUIREMENTS III. INSTRUCTIONS TO PROPOSERS 11 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS IV. SUBMITTAL REQUIREMENTS 13 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) 15 A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT 16 City Council City of Santa Ana Rqf 21� 20 2/1/2022 Page 3 VI. IMPLEMENTATION 16 NOTICE TO PROCEED VII. PUBLIC RECORDS 16 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: SAMPLE STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: CITY OF SANTA ANA STANDARDS PLANS City Council City of Santa Ana Rqf 21620 2/1/2022 Page 4 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking qualified on -call contractor(s) to provide traffic control services and equipment as directed by the City of Santa Ana. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each contractor, as determined by the City's needs. Attachment 1 includes a detailed Scope of Work in this RFP's Appendix. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". Proposal Evaluation and Rating_ The criteria for evaluating the RFP submitted will take the following items into consideration: • Company and Team Experience 25% • Understanding of Need 25% • Financial Capacity and Availability 20% • Schedule of Delivery 10% • References 10% • Fee (Separate Sealed Envelope) 10% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City Council City of Santa Ana Rff � 217120 2/1/2022 Page 5 Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firms for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term shall be outlined in the Standard Consultant Agreement, as shown in the Appendix of this RFP as Attachment 2. City Council City of Santa Ana Rqf 21� 20 2/1/2022 Page 6 II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2: Standard Agreement in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONTRACTORS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -contractor basis. The City intends to contract with a single companX and not with multiple companies doing business as a joint venture. Should the use of sub -contractors be offered, the Proposer shall provide the same assurances of competence for the sub -contractor plus the demonstrated ability to manage and supervise the subcontracted work. Sub -contractors shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -contractors in the same manner as the Proposer. F. DIR REGISTRATION On -call emergency public work tasks completed as part of this RFP and proposal(s) submitted shall be subject to the following: No contractor or subcontractor may be listed City Council City of Santa Ana Rqf 21Ig20 2/1/2022 Page 7 on a proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this RFP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. G. PREVAILING WAGES In accordance with the California State Labor Code, prevailing wage rates apply. The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction, maintenance, or repair work, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. H. PREVAILING WAGE COMPLIANCE AND MONITORING Contractor shall be aware of the requirements of the 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 requirement on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall be in compliance with the Prevailing Wages and requirements effective the due date of this proposal submittal and shall pay prevailing rates of per diem wages according to state law at all times throughout the term of any future agreement with the City. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested City Council City of Santa Ana Rff � 21- 90 2/1/2022 Page 8 parties upon request, and shall post copies at the Contractor's principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. I. SAFETY PROGRAM REQUIREMENTS The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Construction site. The following is also required in addition to being in compliance with the above and related latest editions (unless noted otherwise) of the standard specifications and/or plans in the APWA "Greenbook (2018 Edition)" CA MUTCD, AGC, SSPWC, TEES, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals, as listed below and as related to the standard care of the industry: City Council City of Santa Ana Rqf 21-f0 2/1/2022 Page 9 Abbreviation Word or Words AGC ................. Associated General Contractors of America APWA................ American Public Works Association ASA ................. American Standards Association CA MUTCD....... California Manual on Uniform Traffic Control Devices CALTRANS....... California Department of Transportation FHWA ................ Federal Highway Administration FRA ................. Federal Rail Administration FTA ................. Federal Transit Authority JITT ............... Just -In -Time Training NPDES ............... National Pollutant Discharge Elimination System SSPWC............... Standard Specifications for Public Works Construction TEES ................. Transportation Electrical Equipment Specifications PACP ................. Pipe Assessment & Certification Program 1. The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. 2. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. 3. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices. 4. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work. 5. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, City Council City of Santa Ana Rff � 21_�20 2/1/2022 Page 10 associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at hLtps://www.planetbids.com/portal/portal.cfm?Compg&YID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City Council City of Santa Ana Rqf 21- 30 2/1/2022 Page 11 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Public Works Director or her/his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City Council City of Santa Ana RPjI 21IWO 2/1/2022 Page 12 IV. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION STATEMENT OF QUALIFICATIONS: The Statement of Qualifications portion of the Proposal shall be limited to a MAXIMUM of (10) DOUBLE - SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". The Statement of Qualifications includes the following: a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Company and Team Experience: Proposal shall include a profile of the Construction Company's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, Construction Company size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal City Council City of Santa Ana Rff � 21_�90 2/1/2022 Page 13 agent shall be the primary contact person to represent your Construction Company and include any relevant on -call or emergency contracts with other local agencies. d. Understanding of Need: Proposal shall include an outline, which demonstrates the Construction Company's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. Financial Capacity and AvailabLh!T. To demonstrate a solid financial capacity and availability, the proposer shall include a list of four (4) relevant positive bond ratings demonstrating financial stability and reliability along with a list of past projects for which the company has reliably been able to respond to an agency's on -call and/or emergency needs within the last five (5) years. Project information should include project description, year completed, client name, along with a person to contact and their telephone number/email address. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the Company's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. City Council City of Santa Ana Rqf 21_�Go 2/1/2022 Page 14 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification • Attachment 3-4: Contractor's Licensing and Registration Statement • Attachment 3-5: Prevailing Wage Compliance and Monitoring Statement • Attachment 3-6: Ownership Affidavit • Attachment 3-7: List of Sub -contractors (If included during time of original proposal. Note: As applicable, this list will need to be updated and re -submitted every time a new Task Order is requested by the City from the prime contractor to reflect the scope of work of the requested Task Order.) • Attachment 3-8: References • Attachment 3-9: Statement Regarding Apprenticeship Requirements • Attachment 3-10: Statement Regarding Anti -Kickback Requirements • Attachment 3-11: Public Contract Code Section 10162 Questionnaire • Attachment 3-12: Statement Regarding Community Workforce Agreement (CWA) Requirements V. PROPOSAL REVIEW (CONTRACTOR SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may or may not interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best quality and value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. City Council City of Santa Ana Rqf 21- 10 2/1/2022 Page 15 VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director of Public Works will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2: Standard Agreement in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved. VIL IMPLEMENTATION NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. VIII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council City of Santa Ana Rqf 21- 90 2/1/2022 Page 16 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction / Background The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup • Job site flagging • Lane closures • Sidewalk closure • Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) • Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. Citv Council 13 — 19 9/1/2022 City of Santa Ana RFP 21-120 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include, but are not be limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. Citv Council 13 — 20 9/1/2022 City of Santa Ana RFP 21-120 Page Al-2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub-contractor(s) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A more specific scope of work will be provided when/if a project or Task Order proposal is requested from the contractor(s). Citv Cnuncil 13 — 21 9/1/2022 City of Santa Ana RFP 21-120 Page Al-3 Other Terms and Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. Citv Council 13 — 22 9/1/2022 City of Santa Ana RFP 21-120 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors • Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing • A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. Citv Council 13 — 23 9/1/2022 City of Santa Ana RFP 21-120 Page Al-5 • Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. Citv Council 13 — 24 9/1/2022 City of Santa Ana RFP 21-120 Page Al-6 City Council 13 — 25 2/1/2022 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 2022 by and between ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair or installations of new traffic signal systems, street lights, concrete wheel chair ramps, and appurtenances and other infrastructures. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected 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 Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to the Contractor under this Agreement. Contractor shall be paid only for actual services performed under this agreement at the rates and charges identified in Exhibit B. Contractor is one of XX contractors selected to provide services on an on -call basis under RFP No. 21-120 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of $500,000 during the term of this CU Council 13 — 26 NO _Tf I I Non -Fed unding (6.1.2021) agreement, including any extension periods. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on for an initial three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor CU Council 13 — 27 NO _Tf 11 Non -Fed unding (6.1.2021) shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability ("CGL") Insurance- Insurance Services Officer Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either 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 Insurance- Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Insurance- as required by the State of California, with statutory limits and employer's liability insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. 4. Professional Liability Insurance (Errors and Omissions)- Contractor will maintain professional liability insurance appropriate to their profession with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. A. 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage, shall be available to the City. B. The insurance policies required by this Agreement are to contain, or be endorsed to contain, the following provisions: 1) Additional Insured Status- the City, its officers, officials, employees and volunteers shall be covered as additional insureds on the CGL policy with respect to liability arising out of the work or operations performed by or on behalf of Contractor 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 Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used.) CU Council 13 — 28 NO _Tf I I Non -Fed unding (6.1.2021) 2) Primary Coverage- for an claims related to this Agreement, the Contractor's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to 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 shall not contribute to it. 3) Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be cancelled except with notice to the City. 4) Waiver of Subro ag tion- Contractor hereby grants to City a waiver of any right to subrogation, which 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. 5) Self -Insured Retentions- Self -insured retentions must be declared and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claims 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 names inured or the City. 6) Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7) Claims Made Policies- If any of the required policies provide coverage on a claims - made basis: i. The Retroactive Date must be shown and must be before the date of the agreement of the beginning of the agreement work; ii. Insurance must be maintained and evidence of insurance provided for at least five (5) years after completion of work under this agreement; iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the agreement effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of agreement work. 8) Verification of Coverage- Contractor shall furnish to City with original certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to 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 any time. CU Council 13 — 29 Pgq��g_Tf I I Non -Fed unding (6.1.2021) 9) Subcontractors- Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. 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 upon the nature of the risk, prior experience, insurer, coverage or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created CU Council 13 — 30 NO _Tf 11 Non -Fed unding (6.1.2021) pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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 Contractor 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. Contractor 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 Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each CU Council 13 — 31 Pgq ���f I I Non -Fed unding (6.1.2021) 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES CU Council 13 — 32 NOq/` 422af I I Non -Fed unding (6.1.2021) Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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) Santa Ana, California 92702 Fax: 714-647-5635 CU Council 13 — 33 POq�42'bf 11 Non -Fed unding (6.1.2021) To Contractor: First & Last Name Title Contractor Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. 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: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: (name) (title) CU Council 13 — 34 POq�42'bf I I Non -Fed unding (6.1.2021) EXHIBIT A SCOPE OF SERVICES City Council 13 — 35 2rtf2 :' 10 of 11 Non -Fed Funding (6.1.2021) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 13 — 36 2rtf2q:�I I of I I Non -Fed Funding (6.1.2021) Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 21 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City Council City of Santa Ana R413 2131Z0 2/1/2022 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City Council City of Santa Ana R413 213aO 2/1/2022 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council City of Santa Ana R413 221390 2/1/2022 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City Council City of Santa Ana RM 2-1410!0 2/1/2022 Page A3-4 Appendix ATTACHMENT 3-4: CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E-Mail Address: Telephone: State Contractor's License No. and Class: License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: City Council City of Santa Ana RN 2-1411?0 2/1/2022 Page A3-5 Appendix ATTACHMENT 3-5: PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of CONTRACTOR Title (if an individual, so state) City Council City of Santa Ana RN 2-14120 2/1/2022 Page A3-6 Appendix ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. ❑ CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of CONTRACTOR Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) 20 City Council City of Santa Ana RN 2-141a0 2/1/2022 Page A3-7 Appendix ATTACHMENT 3-7: LIST OF SUB -CONTRACTORS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: 1/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 1/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of CONTRACTOR Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City Council City of Santa Ana RN 2-1414�0 2/1/2022 Page A3-8 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. City Council City of Santa Ana RN 2-1450 2/1/2022 Page A3-9 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES, (CONTINUED The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. City Council City of Santa Ana RN 2-141l0 2/1/2022 Page A3-10 Appendix ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Firm: Date: City Council City of Santa Ana RN 2-141ZO 2/1/2022 Page A3-11 Appendix ATTACHMENT 3-10: STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Firm: Date: City Council City of Santa Ana RN 2-141l0 2/1/2022 Page A3-12 Appendix ATTACHMENT 3-11: PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. City Council City of Santa Ana RW 2-141a0 2/1/2022 Page A3-13 Appendix ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REOUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: hqp://www.santa-ana.org/pwa/documents/CWA&df The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section III.E "Licenses & Permits." Signed: Title: Firm: Date: City Council City of Santa Ana RN 2-1500 2/1/2022 Page A3-14 Appendix ATTACHMENT 4 City of Santa Ana Standard Plans STANDARD PLANS https://www. santa-ana.org//pw/en _ ine�ering-services Citv Council 13 — 51 9/1/2022 City of Santa Ana RFP 21-120 Page A4-1 AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES THIS AGREEMENT is made and entered into this 1st day of February 2022, by and between California Barricade Rentals, Inc., dba as California Barricade, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 2021, the City issued Request for Proposal No. 21-120, by which it sought a qualified contractor to provide on -call traffic control services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-120. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total annual compensation for services provided by all contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). 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 City Council 13 — 52 2/1/2022 Page 1 of 10 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2022 and terminate on January 31, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to City Council 13 — 53 2/1/2022 Page 2 of 10 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 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 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 connectionwith such work or operations. General liability coverage can be provided in City Council 13 — 54 2/1/2022 Page 3 of 10 the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, 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 shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 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. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase 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. 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 A:VII, 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 (5) years after completion of the contract of work. City Council 13 — 55 2/1/2022 Page 4 of 10 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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 any time. 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 therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. City Council 13 — 56 2/1/2022 Page 5 of 10 Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council 13 — 57 2/1/2022 Page 6 of 10 Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: California Barricade Rentals, Inc. 1550 E. Saint Gertrude Place Santa Ana, CA 92705 Attn: Kellie Hurst, Vice President 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or City Council 13 — 58 2/1/2022 Page 7 of 10 obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council 13 — 59 2/1/2022 Page 8 of 10 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [signatures continued on next page) City Council 13 — 60 2/1/2022 Page 9 of 10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CONTRACTOR Name: Kellie Hurst Title: Vice President City Council 13 — 61 2/1/2022 Page 10 of 10 EXHIBIT A City Council 13 — 62 2/1/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction / Background The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup • Job site flagging • Lane closures • Sidewalk closure • Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) • Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. Citv Council 13 — 63 9/1/2022 City of Santa Ana RFP 21-120 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include, but are not be limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. Citv Council 13 — 64 9/1/2022 City of Santa Ana RFP 21-120 Page Al-2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub-contractor(s) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A more specific scope of work will be provided when/if a project or Task Order proposal is requested from the contractor(s). Citv Cnuncil 13 — 65 9/1/2022 City of Santa Ana RFP 21-120 Page Al-3 Other Terms and Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. Citv Council 13 — 66 9/1/2022 City of Santa Ana RFP 21-120 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors • Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing • A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. Citv Council 13 — 67 9/1/2022 City of Santa Ana RFP 21-120 Page Al-5 • Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. Citv Council 13 — 68 9/1/2022 City of Santa Ana RFP 21-120 Page Al-6 EXHIBIT B City Council 13 — 69 2/1/2022 RFP NO. 21-021 On -Call Traffic Control Services CITY OF SANTA ANA Santa Ana Public Works Agency Respectfully submitted to: ft gnu,► ORANOE COUNT SEAT OF OO VERNMENT THE GOLDEN CIT FOUNDED 1869 Respectfully submitted by: 4wAL/FO RN/A coiRRICADE City Council 13 — 70 2/1/2022 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Cover Letter Contract Agreement Statement City Council 13 — 71 2/1/2022 CALIFORNIA RRICADE November 29, 2021 Azadeh Azad City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 SUBJECT: Letter of Commitment to Provide On -Call Traffic Control Services City of Santa Ana RFP #21-120 Dear Azadeh Azad: This Letter of Commitment confirms that California Barricade, Inc. agrees to serve the City of Santa Ana Public Works Agency as a service provider on the above -referenced contract, providing work zone traffic control services, and rental and sale of temporary traffic control devices. California Barricade, Inc. holds a valid City of Santa Ana business license, is registered with the DIR and holds an SBE certificate through the California Department of General Services. All are included within our bid package. For contractual matters, I am the point of contact. As vice president of California Barricade, Inc., I am a duly authorized officer of the firm and can bind and commit the firm to the contractual obligations of this contract. I can be contacted at our office address at 1550 E. Saint Gertrude Place Santa Ana, CA 92705. My office phone number (714) 558- 8474, and my email address is kellie@californiabarricade.com. We have had the privilege of serving the City of Santa Ana since 1998, and we are committed to continuing to provide the best possible service at competitive rates. Additionally, we are confident that we can offer value-added services to effectively and efficiently complete the tasks assigned to us under this contract. Sincerely, Kellie Hurst Vice President California Barricade, Inc. City Council 13 — 72 2/1/2022 CALIFORNIA QARR/CADE November 29, 2021 Azadeh Azad City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 SUBJECT: Provision Concurrence and Concerns Dear Azadeh Azad: California Barricade, Inc. concurs with all provisions of this contract with the exception of the following: Appendix Attachment 2 Standard Agreement Section 7. Insurance • The requirement for Professional Liability insurance is $2,000,000 aggregate. California Barricade, Inc. currently holds $1,000,000 aggregate. We respectfully request the city accept the current limit. if not, we will increase our limit in honor of the contract. Appendix Attachment 3-12: Statement Regarding Community Workforce Agreement (CWA) Requirements California Barricade, Inc. is not signatoryto a union and is unable to sign the above mentioned Attachment. We do however adhere to all public works compliance requirements for a private firm, including timely filing of the following. o DAS140 Public Works Contract Award Information o DAS142 Request for Dispatch on an Apprentice o Certified Payroll with Statement of Compliance o Training Fund Contribution to the California Apprenticeship Council We welcome all dialog and hope the city will recognize our ability to meet and comply with all other provisions of the contract. Sincerely, Kellie Hurst Vice President California Barricade, Inc. City Council 13 — 73 2/1/2022 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Company and Team Experience Understanding of Need Financial Capacity and Availability References Scope of Services and Schedule City Council 13 — 74 2/1/2022 FIRM & TEAM EXPERIENCE ORGANIZATIONAL CHART California Barricade, Inc. is a California Subchapter S Corporation and has been in business since 1984 providing work zone traffic control services and rental and sale of temporary traffic control devices. We service a variety of industries including, but not limited to: state and local governments, municipalities, paving, construction, environmental, pipeline, and entertainment companies. We have held our C-31 work zone traffic control contractor's license (785733) uninterrupted since this class was instituted in the year 2000. At that time, California Barricade, Inc. was grandfathered in when we were recognized as one of the few leading experts in the field. California Barricade, Inc. employs highly trained ATSSA certified traffic control supervisors, traffic control technicians, flaggers, and traffic plan designers. They undergo training on a continuous basis. Their training and expertise gives them a working knowledge of how to accurately perform in diverse traffic situations per specifications outlined in traffic control plans, Caltrans Standard Plans and Specifications, California Manual on Uniform Traffic Control Devices (CAMUTCD), California Temporary Traffic Control Handbook (CATTCH) California Joint Utility Traffic Control Manual (CJUTCM), and the Work Area Traffic Control Handbook (WATCH). Employees of California Barricade, Inc. hold certifications in the following safety programs: ■ ATSSA Certified Traffic Control Supervisor ■ ATSSA Certified Traffic Control Technician ■ ATSSA Certified Flagger ■ ATSSA Certified Traffic Control Design Specialist ■ Loss Prevention System ■ API Worksafe ■ Passport Safety Program ■ OSHA 10 Hour Occupational Safety & Health ■ OSHA 40 Hour HAZWOPER ■ NSC Defensive Driving City Council 13 — 75 2/1/2022 �-CAL/PORN/A QARR/CADE Mark Hurst President O (714) 558-8474 M (714) 679-5856 mark@californiabarricade.com David Tangitau General Manager O (714) 558-8474 M (714) 721-7761 dave@californiabarricade.com Owen Vaea Operations Manager IPlan Design O (714) 558-8474 M (714) 721-7833 owen@californiabarricade.com RogerCaneda Estimating I Plan Design O (714) 558-8474 M (714) 715-2399 roger@californiabarricade.com Organizational Chart Kellie Hurst Vice President O (714) 558-8474 M (714) 679-5857 kellie@californiabarricade.com Joni Watson Chief Financial Officer O (714) 558-8474 joni@californiabarricade.com Julie Escobar Accounts Receivable O (714) 558-8474 julie@californiabarricade.com Client Specialists Sitina Vaea Christina Novoa O (714) 558-8474 O (714) 558-8474 sitina@californiabarricade.com christina@californiabarricade.com ATSSA Certified Traffic Control Supervisors, Technicians, Flaggers, Plan Designers Steven Aguilar Gilberto Panameno Tanoa Seau (714) 380-1164 (714) 679-5863 (714) 497-9725 RogerCaneda Ernesto Rivera Edward Semaia (714) 715-2399 (714) 785-2405 (714) 679-5861 Adrian Cruz Andrew Rodriguez Jeff Sin (714) 450-5569 (714) 679-6293 (714) 721-7817 Mark Gomez Andrew Rodriguez, Jr. Amanake Vaea (714) 558-8474 (714) 558-8474 (714) 721-7828 Jose Gonzalez Eric Rodriguez (714) 476-4490 (714) 497-7765 City Council 13 — 76 2/1/2022 M/A dromwRAIVI&DE Registrations/Certifications • ATSSA Certified Traffic Control Supervisor • ATSSA Certified Traffic Control Technician • ATSSA Certified Flagger • 40 Hour HAZWOPER • LPS Certified • API WorkSafe Certified • NSC Defensive Driving Certified Areas of Expertise • Project management specific to the scope of work zone traffic control. • Crew development, training, and project specific preparation. • Project specific site assessments with an eye toward well executed and sometimes creative work zone traffic control in challenging locations. David Tangitau I General Manager Mr. Tangitau has 19 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Relevant Experience ■ City of Santa Ana Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control. ■ Irvine Ranch Water District Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations. ■ GeoSyntec Consultants, Inc. (Caltrans) Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec Consultants, Inc. ■ GHD, Multiple Southern California Sites Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities. ■ RL Clotworthy (Verizon 5G) Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities. ■ Ninyo & Moore, Multiple Southern California Sites Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities including well installation and abandonment as well as sampling and monitoring. City Council 13 — 77 2/1/2022 N/A dromwRAIVI&DE Registrations/Certifications • ATSSA Certified Traffic Control Supervisor • ATSSA Certified Traffic Control Design Specialist • ATSSA Certified Traffic Control Technician • ATSSA Certified Flagger • 40 Hour HAZWOPER • LPS Certified • API WorkSafe Certified • NSC Defensive Driving Certified Areas of Expertise • Project management specific to the scope of work zone traffic control. • Crew safety training and project specific safety preparations. • Project specific site assessments with an eye toward well executed and sometimes creative work zone traffic control in challenging locations. • Expert development of traffic control plans specific to site location and governing agency regulations. Owen Vaea I Operations Manager, Safety Supervisor Mr. Vaea has 12 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control and safety supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Mr. Vaea also has vast experience developing site specific work zone traffic control plans. Relevant Experience ■ City of Santa Ana Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control. ■ Irvine Ranch Water District Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations. ■ GeoSyntec Consultants, Inc. (Caltrans) Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec Consultants, Inc. ■ GHD Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for environmental related activities. ■ RL Clotworthy (Verizon 5G) Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities. City Council 13 — 78 2/1/2022 UNDERSTANDING OF NEED California Barricade, Inc. has vast experience in meeting the traffic control requirements for the City of Santa Ana. As an approved vendor since the early 1990's, we have expanded substantially the level of service and commitment to the City. We have, and will continue to provide excellent service and response to both City employees, and outside organizations that work within city limits. Experts in Our Field California Barricade, Inc. has been in business as a C-31 Work Zone Traffic Control service provider since 1984, and employs only ATSSA Certified Traffic Control Supervisors, Technicians, and Flaggers. We have a command of MUTCD, WATCH, AASHTO, Caltrans standard plans, and the SAMC. We possess the ability to design and read all manner of traffic control plan. The ongoing intensive training and refreshing that our field personnel receive is the highest level available in our industry. Commitment to Safety The safety culture at California Barricade, Inc. is vibrant and engaging. Every employee is committed to everyone they work with, on and off the job site, going home safe every day. Considerable time and resources are invested in training, behavior, awareness, and communication. Daily tailgate talks, and monthly safety meetings equip all employees with the tools needed to do their job safely. Customer Service Excellence The City of Santa Ana has enjoyed, and will continue to enjoy access to all California Barricade, Inc. support personnel. Every employee is committed to a positive and productive relationship with City personnel. Mark Hurst President Kellie Hurst Vice President/Contracts David Tangitau General Manager Owen Vaea Operations ManagerlSafety Supervisor Sitina Vaea Quotes/Scheduling/Insurance Julie Escobar Billing Timely Proposal Processing Immediately upon request, our team of qualified employees will properly assess the required field operations, and prepare a proposal according to the needs of the City. Typical turn -around time is 1-2 business days. In the event a site visit is required, the proposal may take 2-4 days. Every effort will be made to provide proposals within the timeframe communicated by the City. Pre -field Meeting Attendance California Barricade, Inc. has faithfully attended, and fully participated in pre -field meetings, and will continue to do so. We will use those opportunities to build relationships, better understand the scope of work, and the needs of those involved in the planning. This allows us to enhance our level of service to properly respond to concerns about safety, and the goal to insure systematic field operation. Professional Engagement with All Departments Currently, California Barricade, Inc. has a very positive working relationship with all involved departments of the City. We are committed to continuing to serve the Public Works Agency well. Representatives from any City department can be assured that the level of response and commitment by California Barricade, Inc. will be unparalleled. Con&V160uncil 13 — 79 2/1/2022 Work Related Traffic Control Plans Both the City, and outside organizations who work within the City may require traffic control plans. California Barricade, Inc. provides plan design per regulations outlined in the WATCH Manual or CAMUTCD. Plans will be drawn specific to the scope of work provided by the City. Oversite by the City's Traffic Engineering Department is welcomed. Work Zone Traffic Control Once the scope of work has been determined, and plans and permits are in place, our experienced traffic control technicians will begin the process analyzing the plans for proper execution. Execution may vary by work scope, and as much as possible, traffic control devises will be pre -staged for rapid placement when work begins. Technicians will dispatch with all necessary information, plans, vehicles, and equipment necessary to meet or exceed the requirements for the field operation. Job Related Response Time California Barricade, Inc. is located within the City of Santa Ana, as are some of our technicians. This gives us the ability to mobilize and respond at any time the City requires. While it is not typical the City would require our services on an emergency basis, they certainly could, and will be met with a rapid 1- 2 hour response. Quality Assurance Every task performed in support of the City and outside organizations, will be done with an emphasis on professionalism, safety, quality, excellence, and timeliness. Procedures are in place that assure the City any request that is made will be addressed immediately, and accurately. Timely and Accurate Billing We will continue our commitment to provide timely and accurate invoices to either the City or outside organizations. Invoices will directly correlate to the proposal, and may include any service or equipment adjustments made in the field, and approved by the client. Wrap-up Meeting Attendance When invited, California Barricade, Inc. will faithfully attend, and fully participate in wrap-up meetings. We will use those opportunities to better understand the impact of our service to the City, and make any adjustments needed. We will share anything learned that will insure traffic control for future projects be as safe and efficient as possible. PAST PROJECTS & REFERENCES INDICATING FINANCIAL CAPACITY & AVAILABILITY Client Name City of Santa Ana Water Resources Department Contact Name Jaime Bermudez Phone/Email 714 351-4515 jbermudez@santa-ana.org Project Dates Ongoing since 2021 Project Description On -call work zone traffic control services Client Name Irvine Ranch Water District Contact Name Scott Beltran Phone/Email 949) 453-5717 beltran@irwd.com Project Dates Ongoing since 1998 Project Description On -call and emergency response work zone traffic control services for collections, construction, and maintenance departments. Client Name RL Clotworthy Construction, Inc. Contact Name Dean Hinson Phone/Email 951 693-5130 dean@rlclotworthy.com Project Dates Ongoing since 2020 Project Description On -call response work zone traffic control services for Verizon 5G infrastructure operations. Client Name Orange County Water District Contact Name Ben Lockhart Phone/Email 714 378-3293 blockhart@ocwd.com Project Dates Ongoing since 2009 Project Description On -call work zone traffic control services. Client Name Ocean Blue Environmental Services, Inc. Contact Name Ed Acosta Phone/Email 562 429-8612 fasteddie85000@aol.com Project Dates Ongoing since 2010 Project Description Emergency response work zone traffic control services. City Council 13 — 81 2/1/2022 SCOPE OF SERVICES AND SCHEDULE Monitored After Set -Up Work Scope Personnel Equipment Timeline Exclusion zone(s) Flashing Arrow Boards including but not limited Cones or Delineators 1-2 hours to mobilize to: ATSSA Certified Type I and/or Type III Set-up is scope ■ Lane Closure(s) Traffic Control Supervisor(s) Barricades specific, estimate 30- ■ Road Traffic Control Technician(s) Advanced Warning Signs 60 minutes for typical Closure(s) Construction Area Signs lane closure ■ Detours Advanced Warning Signs Stop/Slow Paddles 1-2 hours to mobilize Flagging Operation(s) ATSSA Certified Flagger(s) Two-way Communication and set flagger stations Flashlight or Signal Wand Balloon Lights Truck Mounted ATSSA Certified TMA (Scorpion) on truck Attenuator TMA Operator mounted with flashing arrow 1-2 hours to mobilize board ATSSA Certified & Trained Mobilization, staging, Special Event Install & Traffic Control Supervisor(s) Scope related traffic control and set up is scope Remove Traffic Control Technician(s) devices specific Laborer(s) Unattended After Task Work Scope Personnel Equipment Timeline 2-4 hours port to port Closure Maintenance ATSSA Trained Scope related traffic control depending on size of Traffic Control Technician devices closure and/or detour route Advanced Warning Signs ATSSA Trained Sidewalk Closure Signage Sidewalk Closure(s) Traffic Control Technician Cones or Delineators 2 hours port to port Cone Bars Caution Tape Type I Barricades or Temporary No Parking Laborer Delineators 2 hours port to port Zone(s) Temporary No Parking or Tow Away Signs Traffic control if needed ATSSA Certified 5', 10', or 20' Concrete Krails Installation of Concrete Traffic Control Technician(s) Reach Forklift or Boom Truck Depends on quantity Krail Flatbed truck driver Crash Array or SLED Estimate 4 hours for Reach Forklift Operator -or- specific to speed limit every 20 pieces Boom Truck Operator Reflectors & Directional P-Markers ATSSA Certified 6' Guardian (42") or 6'Water Depends on quantity Installatio 2 hours for Barriers City Council Helper(s) 82 pieces Locking Pins Unattended After Task (continued) Work Scope Personnel Equipment Timeline Water truck with appropriate Depends on quantity Water Delivery Service Water truck operator hoses Estimate 2 hours for Water Meter every 20 water barriers Mobilize Changeable Laborer Pre-programmed CMS 1-2 hours per CMS Message Sign port to port Development Services Scope Personnel Timeline Manager Supervisor A representative of CBR familiar with the project will be Pre -Field Meeting Safety Supervisor available at the City's convenience for pre -field Estimator meetings. Manager A representative of CBR familiar with the project will be Post -Field Meeting Supervisor available at the City's convenience for post -field meetings. Typical: 5-7 business days ATSSA Certified Traffic Expedited 2-4 business days Control Design Specialist In every case, CBR will respond according to the Traffic Plan needs of the City. Development Typical: 10-15 business days Traffic and/or Civil Engineer Expedited 5-7 business days In every case, CBR will respond according to the needs of the City. California Barricade, Inc. is located within city limits and will respond to emergency calls in 1-2 hours. If the work scope is vast, an advance crew will arrive within 2 hours and additional technicians will mobilize accordingly. All California Barricade, Inc. vehicles and equipment are clearly identified with the company logo and phone number. All traffic control vehicles and truck mounted attenuators are fully equipped with functional beacons, flashing lights, and strobes. Flashing Arrow Boards and/or Changeable Message Signs will be either truck or trailer mounted. High visibility reflective equipment to be used for night work. As will light towers and balloon lights if the work scope requires it. All exclusion zones to be set in accordance with the provisions, guidelines and specifications detailed in the latest editions of the following: California Manual on Uniform Traffic Control Devices (CAMUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. In some cases, specific ADA equipment may not be available for services or rental. The City may be required to purchase certain ADA items. Advance notice by the City will ensure availability. City Council 13 — 83 2/1/2022 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Certifications City Council 13 — 84 2/1/2022 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7I 06) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Kellie Hurst Subscribed and sworn to (or affirmed) before me on this day of 21 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. sM eALW-oRMA NOTARY, ATTACHED Notary Public Signature Notary Public Sea] City Council Page AM3 — 85 2/1/2022 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 Oranqe Subscribed and sworn to (or affirmed) before me on this 29th day of November , 20 21 , by Kellie Hurst------------- -------------------------------------------------------------------- proved to me on the basis of satisfactory evidence to be the person( ,a') who appeared before me. *,v CAITUN TURNER Notary Public - California Orange County Commission #t 2366097 Comm. Expires Jul 17, 2025 (Seal) Signature &,16- &ILK IA%aaVI t City Council 13 — 86 2/1/2022 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTMCATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated f tnds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm California Barricade, Inc. Signed and Printed Name: wkt�, U;� Keliie Hurst Title Vice President Date November 29, 2021 City Council Page A3-23 — 87 2/1/2022 Appendix ATTACHMENT 3-3: NON-DISCRINHNATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 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. 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. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council Page A3-13 - 88 2/1/2022 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: k-4mt Kellie Hurst Title: Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City Council Page A343 — 89 2/1/2022 Appendix ATTACHMENT 3-4: CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: California Barricade Inc. Business Address: 1550 East Saint Gertrude Place Santa Ana, CA 92705 Business E-Mail Address: kellie@califomiabarricade.com Telephone: (714) 558-8474 (800) 327-8844 State Contractor's License No. and Class: 785733-C31 License Expiration Date: 10/31 /2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000017487 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2022 r Y. Signed: L i �'t'Gt � "i. Kellie Hurst Title: Vice President Gity of Santa 28 City Council Page AA 3 — 90 2/1 /2022 Appendix ATTACHMENT 3-5: PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm California Barricade, Inc. Signature of CONTRACTOR - [.'1 L Kellie Hurst Title Vice President (if an individual, so state) City Council Page AA 3 - 91 2/1 /2022 Appendix ATTACHMENT 3-5: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA Kellie Hurst, Vice President ❑ INDIVIDUAL ❑ PARTNERSHIP SS: , being duly sworn, deposes and says: That he/she is the party making the foregoing proposal: That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. ❑x CORPORATION That he is of: California Barricade, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. 4q Signature of CONTRACTOR Subscribed and sworn to before me this day of 20 SEE CALWOFtMA NOT#iY, ATTACHED Signature of officer Administering Oath (Notary Public) City Council Page A343 - 92 2/1/2022 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 Oranqe Subscribed and sworn to (or affirmed) before me on this 29th day of November , 20 21 , by Kellie Hurst ------------- proved to me on the basis of satisfactory evidence to be the persono who appeared before me. *my CArrUll7I.ER Notary Public - California Orange County Commission # 2366097 Comm. Explrei Jul 17, 2025 (Seal) Signature fit ctNie� 3urut \s - j r Dwh-eV5b,p Af- a(k'll - City Council 13 — 93 2/1/2022 Appendix ATTACHMENT 3-7: LIST OF SUB -CONTRACTORS LIST OF SUB -CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount. a Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below. - Name Ellis Equipment, Inc. License #/Exp. 1043179 08/31/2022 DIR Reg. #/Exp. 1000441563 06/30/2022 Location Signal Hill, CA Phone (562) 424-9991 Type Of Work Concrete krail installation Amount $ To be determined Name AS Striping Company, Inc. License #/Exp. 538211 08/31/2022 DIR Reg. #/Exp. 1000006912 06/30/2022 License # Location Ontario, CA Phone (909) 947-8073 Type Of Work Striping: temporary & permanent Amount $ To be determined Name Gary Quimilman's Water Service License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ 1000369385 06/30/2022 Garden Grove, CA (714)719-3268 Water deliery service To be determined /Oultlj( Kellie Hurst Signature of CONTRACTOR Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City Council page A3- — 9 2/1/2022 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. City of Santa Ana 20 Civic Center Plaza Room 429 Santa Ana, CA 92701 Name and Address of Owner. Sonia Batres (714) 571-4227 1 Jaime Bermudez (714) 351-4515 Name and Telephone Number of person familiar with project. $495,293 1 $300,000 Event related & work zone traffic control services Ongoing since 1998 Contract Amount Type of Work Date Completed 2. Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92619 Name and Address of owner. Scott Beltran (949) 453-5717 Name and Telephone Number of person familiar with project. Contract Amount Consultants, Inc Work zone traffic control services Type of Work Ongoing since 1995 Date Completed Itrans) 3043 Gold Canal Drive Ste 100 Rancho Cordova, CA 95670 Name and Address of owner. Andv Andrews (916) 637-8048 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. Elmco Insurance Richard Campoli (714) 361-1911 richard@elmcoinsurance.com 1904 North Main Street Santa Ana, CA 92706 City Council City of Santa Ana 00 219F20 2/1/2022 Page A3-9 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES, (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. Orange County Water District P.O. Box 20845 Fountain Valley, CA 92728 Name and Address of Owner. Ben Lockhart (714) 378-3293 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing since 2009 Contract Amount Type of Work Date Completed 2. R.L. Clotworthy Construction, Inc. (Verizon 5G) 41550 Reagan Way Murrieta, CA 92562 Name and Address of owner. Dean Hinson (951) 693-5130 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing since 9/2020 Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. City Council City of Santa Ana 00 219F20 2/1/2022 Page A3-10 Appendix ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: ��/�iQ/ Kellie Hurst Title, Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City Council Page A3A3 — 97 2/1/2022 Appendix ATTACHMENT 3-10: STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Keliie Hurst Title: Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City Council Page A3-113 - 98 2/1/2022 Appendix ATTACHMENT 3-11: PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. City Council City of Santa Ana 00 219ftO 2/1/2022 Page A3-13 Appendix ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: hqp://www.santa-ana.org/pwa/documents/CWA.pdf The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section III.E "Licenses & Permits." Signed: Title: Firm: Date: Intentionally left blank. City Council City of Santa Ana 00 21 Page A3-14 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Supporting Documents City Council 13 — 101 2/1/2022 CITY OF SANTA ANA .z✓µ oRa�,ce BUSINESS TAX SECTION (M-15) �° o 0 G ° r' 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTA ANA. CA 92702 (714) 647-5447 CITY OF SANTAANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER: 168395 TAX PERIOD: 4/1/2021 - 3/31/2022 BUSINESS NAME: CALIF BARRICADE RENTALS INC AMOUNT PAID: $2,053.00 BUSINESS ADDRESS: 1550 E ST GERTRUDE PL SANTAANA, CA 92705-5310 DATE PAID: 03/25/2021 OWNER NAME: HURST,MARK L. - PRES THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT • This business license tax account is void upon sale or transfer of a business • Every business is responsible for the annual renewal of their business license tax account • It is the responsibility of the applicant) icensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws. • Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes: • Name change • Location Change • Ownership or representative change • Business activity change • The business license tax receipt must be displayed at the place of business. See reverse side for post'ing requirements. Sec. 21-1& - No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 21] constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) The person, firm or corporation named be{ow has been issued this business license fax receipt pursuant to the provisions of the City Business License Tax Code (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicant/licensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicantilicensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable. Please note that it is your responsibility to renew and update this license annually. CITY OF SANTA ANA - TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1954 SANTA ANA, CALI FORN IA 92702 PHONE (714) 647-5447 THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 168398 TAX PERIOD: 4f112021-313112022 BUSINESS TYPE: EQUIPMENT SALES 8 RENTALS BUSINESS ADDRESS: 1550 E ST GERTRUDE PL SANTA ANA, CA 92705 BUSINESS NAME: CALIF BARRICADE RENTALS INC CALIF BARRICADE RENTALS INC OWNER/REP: HUR57,NARK L. - PRES 1550 E ST GERTRUDE PL SANTAAMty OUnCI[ 13 — 102 �iXfE of California C�AIntraxfars fafr 1,1-Janor TBoar� Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to: `a CONTRACTORS STATE LICENSE BOARD �� •I ACTIVE LICENSE 785733 CORP r CALIFORNIA BARRICADE RENTALS INC C31 AAL 10/31/2022 www.cslb.ca.gov 0.a CALIFORNIA BARRICADE RENTALS INC to engage in the business or act in the capacity of a contractor in the following classification(s): C31- CONSTRUCTION ZONE TRAFFIC CONTROL 9K. ,Mneffl �, Consumer Affairs Witness my hand and seal this day, October 13, 2000 Issued October 12, 2000 d/'Ywz:� James Goldstene nterim Registrar of Contractors This license is the property of the Registrar of Contractors, is not 785733 ier transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason. It becomes License Number void if not renewed. AUDIT No: 1326 City Council 13 – 103 2/ l /2022 Contractor Information LMOBi tlrMarro CA UFORNLA OA MAK RENTALS. INC &ft Com"ion Stawn Ad7ve Rtg!Vtr@OW NuNAM ICKOD17497 R@Skmdw date 71312021 RF94trlroon • "union daft 6f3017on Milling Address 15SO E. SU YT CEMMUDE PLACE rSJWA ANA 92705 CA Lmk._ PL"C*I AGdr*" 2550 E. SA I T GER1RUDE PLACE SANTA ANA 92705 CA UWL.. Emrll Addn Trbft N0nWf?P5A C+LLTFORHLA BARRICAUr- INC. Lilum* Numb*rlsj M21 857'33 C$L13:785733 Legal Entity Information corpmpratlQR NumB*r: C203S262 Federal Eanployrnent IdantlAcatkm Numbar- Pnt wmm Name - MARK HURL 7 Vice Pmsldam N4nw: KELL LE HuRST Treasurer Name: KELLIE HURST Secretary Name, K F I L I E HuRST CEO Nw": KELLTE HURST Agent of Service Fame; NANCY DOWD A#*M of 5#rykv M iling Addrow 9921 C RMa MOUNTAIN ROAD 01. 382 SAN DTEC.092129CA UnimiStates of Ar mnica Workers Compensation Do you lease employees No through Professional Ernploy*r Organization (PEp)7: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO ln#urmationNarne Phone Email Insured by Carrier Registration History Effective Date 6tpirvtkm Ogee 611212018 6130(2019 W912017 6f3012018 611512016 6130J2017 9123f2f015 613012016 313112015 6f301201S 71V2019 613012M 71112020 fib IM21 71V2021 613012022 Policy Holder Neme:CALIFORNIA BARRICADE RENTALS, INC.Insurance Carrkw. STATE COMPENSATION INSURANCE FUN DPolicy NumbeOX360820Inoeption date:613012020Expiraftn Date: 5f29f2021 City Council 13 — 104 2/1/2022 Orms CALIFORN�A T OF GENERAL SERVICES Printed on: 6/9/202110:20:39 AM To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services Certification ID: 25944 Email Address: kellie@californiabarricade.com Legal Business Name: California Barricade Rentals, Inc. Business Web Page: www.californiabarricade.com Doing Business As (DBA) Name 1: California Barricade Rentals, Inc. Business Phone Number: 714/558-8474 Doing Business As (DBA) Name 2: California Barricade, Inc. Business Fax Number: 714/558-3821 Address: 1550 E. Saint Gertrude Place Business Types: Santa Ana Construction , Non -Manufacturer, Service CA 92705 Certification Type Status From To SB(Micro) Approved 06/08/2021 06/30/2023 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSH ELP@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street,1-400, West Sacramento, CA 95605 City Council 13 — 105 2/1/2022 EXHIBIT C City Council 13 — 106 2/1/2022 LABOR FEE PROPOSAL 2022 Prevailing Wage M-F Hourly Saturday Hourly Sunday Hourly 1 technician - 4 hour minimum $125.00 $145.00 $165.00 Overtime after 8 hours — per technician $145.00 $145.00 $165.00 Overtime after 12 hours — per technician $165.00 $165.00 $165.00 1 supervisor — 4 hour minimum $145.00 $165.00 $185.00 Overtime after 8 hours — per supervisor $165.00 $165.00 $185.00 Overtime after 12 hours — per supervisor $185.00 $185.00 $205.00 2022 Standard Wage M-F Saturday Sunday Hourly Hourly Hourly Mobilization & demobilization — per technician $95.00 $115.00 $135.00 Mobilization & demobilization — per supervisor $115.00 $135.00 $155.00 Dai I Attenuator vehicle (without operator) $395.00 1 Service Descriptions: Work area traffic control set-up, monitoring, removal, flagging operations, lane closures, road closures, detours, installations & removals, and special events. Prices will escalate according to bi-annual increases on the DIR Prevailing Wage Determinations. A `not to exceed' amount is directly related to the number of occurrences required by the City. dwv AL/PORN/A RR/CADE City Council 13 — 107 2/1/2022 RENTAL FEE PROPOSAL RENTAL ITEM DAILY WEEKLY MONTHLY Flasher only $ 0.15 $ 0.60 $ 1.80 Type B flasher $ 0.55 $ 2.20 $ 6.60 Type I barricade $ 0.25 $ 1.00 $ 3.00 Type I barricade w/ flasher $ 0.28 $ 1.10 $ 3.30 Type I barricade w/ sign $ 0.70 $ 2.80 $ 8.40 Type I barricade w/ flasher & sin $ 0.83 $ 3.30 $ 9.90 Type III barricade $ 1.38 $ 5.50 $ 16.50 Type III barricade w/ flasher $ 1.65 $ 6.60 $ 19.80 Type III barricade w/ sign $ 1.93 $ 7.70 $ 23.10 Type III barricade w/ flasher & sign $ 2.20 $ 8.80 $ 26.40 Sign only aluminum, mesh or reflective $ 0.55 $ 2.20 $ 6.60 Advance warning signs 36 x 36 or 48 x 48 Mesh or reflective sign w/ stands & flags -or- Aluminum signs on a -frame sign stands $ 1.10 $ 4.40 $ 13.20 Advance warning signs w/flasher $ 1.25 $ 5.00 $ 15.00 10' parade barricades $ 1.65 $ 6.60 $ 19.80 7'6" pedestrian barricades $ 3.30 $ 13.20 $ 39.60 39" delineator 12 lb. base $ 0.20 $ 0.80 $ 2.40 Delineator base onl 12 Ib. $ 0.15 $ 0.60 $ 1.80 28" traffic cones reflective 7 lb. $ 0.30 $ 1.20 $ 3.60 Traffic drums 25 lb. base $ 0.83 $ 3.30 $ 9.90 K-Rail: Concrete CALL K-Rail: Water filled $ 3.30 $ 13.20 $ 39.60 Traffic Beacons $ 17.50 $ 87.50 $ 162.50 Solar Arrow Boards $ 32.50 $ 150.00 $ 400.00 Light Towers $ 45.00 $ 170.00 $ 495.00 Message Boards $ 92.50 $ 300.00 $ 600.00 CAL ►FQ NN►Q City Council W �Tm�m-�s Imm 2/1/2022 EXHIBIT 3 AGREEMENT WITH STATEWIDE TRAFFIC SAFETY AND SIGNS, INC., TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES THIS AGREEMENT is made and entered into this l st day of February 2022, by and between Statewide Traffic Safety and Signs, Inc., dba as Statewide Safety Systems, Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 2021, the City issued Request for Proposal No. 21-120, by which it sought a qualified contractor to provide on -call traffic control services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-120, C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total annual compensation for services provided by all contractors selected under RFP No. 21-120 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). 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 City Council 13 — 109 2/1/2022 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2022 and terminate on January 31, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Page 2 of 19 City Council 13 — 110 2/1/2022 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, 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 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 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 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 connectionwith such work or operations. General liability coverage can be provided in City Council Page 3 of 1 73- 111 2/1/2022 the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, 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 shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 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 theContractor to purchase 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. 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 A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): 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 contract of work. City Council age 4 Of 3 — 112 2/1/2022 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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 any time. 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 therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. City Council Page 5 of 13 — 113 2/1/2022 Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council - - -- 13 — 114 2/1/2022 Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Statewide Safety System, Inc. 1100 Main Street, Suite 100 Irvine, CA 92614 Attn: Don Nicholas, CEO A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or City Council age o h — 115 2/1/2022 obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject -to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council age 8 of T3 — 116 2/1/2022 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Clerk of the Council Kristine Ridge City Manager [signatures continued on next page] City Council age 9 013 — 117 2/1/2022 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 'tendon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CONTRACTOR Na e: C �C Title: CA-:1U City Council Page 10 of 1P3 — 118 2/1/2022 EXHIBIT A City Council 13 — 119 2/1/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction / Sack round The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup ■ Job site flagging • Lane closures • Sidewalk closure ■ Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) ■ Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. City Council City of Santa Ana Rff 21112't 2/1/2022 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Proiect Management. Eauinment/Supplies: The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include, but are not he limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. City Council City of Santa Ana FIFT211pp 2/1/2022 Page Al -2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub -contractors) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City ■ Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule and/or promect fee schedule where applicable and as outlined in this this documents. A list of all Positions and hourly rates re uired to perform the services described herein. Equipment and material costs/fees to perform Traffic Control should be Iisted in fee schedule. A morespecific scope of work will be provided when/if a proiect or Task Order Proposal is reguested from the contractor(s). City Council City of Santa Ana z1ta� 2/1/2022 Page A1- Other Terms and Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. City Council city of Santa Ana I 21TZ�I-y 2/1/2022 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. City Council City of Santa Ana Rfg 2-11N 2/1 /2022 Page Al-5 Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. City Council City of Santa Ana Rff-21425 2/1 /2022 Page Al-6 EXHIBIT B City Council 13 — 126 2/1/2022 �tE��vic�ce ,r 1ffic Safety end Signs, Inc. db,� S.titevvi,de S� (-ry Systp:ll)s 2722 S. Fairview Street Santa Ana, CA 92734 STATEWIDE SAFETY SYSTEMS STATEMENT OF QUALIFICATIONS SOQ Statewide Traffic Safety & Signs DBA Statewide Safety Systems ��l ' f9(5Tl ahl street Ste-1�i�d;T,r6A 92614Tsi=ate�w, Arizona /ga1�OgW 8Aorado / Hawaii / Nevada / New Mexico / Ve-gOA?efexas / Utah / WashingtoWl/2022 AM STATEWIDE SAFETY SYSTEMS November 30, 2021 Azadeh Azad, Project Manager Santa Ana Public Works Agency City of Santa Ana, California 20 Civic Center Plaza Santa Ana, CA 92701 Subject: RFP No. 21-120 On -Call Traffic Control Services Dear Azadeh Azad, Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems (Statewide) has attached a proposal for the City of Santa Ana's RFP No. 21-120: On -Call Traffic Control Services. We acknowledge receipt of all addenda issued before the bid date of this RFP. As Secretary & Treasurer of Statewide, I have the legal authority to contractually bind the company. Jon Lang Sr, Vice President, has legal authority to contractually bind the company as well. Statewide's local contact and location servicing the City of Santa Ana Kory Fivecoat, Branch Manager 2722 S. Fairview Street Santa Ana, CA 92704 Phone: (714) 468-1919 Email: kfivecoat stssi.com & servicesgstssi.com We are committed to providing the best possible service to the City of Santa Ana and are confident we can offer value-added services to effectively and efficiently complete tasks assigned to us under this contract. Thank you for the opportunity to provide our Traffic Control Services to the City of Santa Ana. Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems Marty Breen Secretary & Treasurer 1100 Main Street, Suite 100 Irvine, CA 92614 mbreen _statewidess.com services@stssi.com City Council 13 — 129 2/1/2022 Aw® STATEWIDE SAFETY SYSTEMS Contract Agreement Statement No concurrence or concerns with the provisions in Appendix 2 —Agreement at this time. W r t I Statewide Traffic Safety & Signs DBAStatewide Safety Systems Arizona / AlXO'r gU,,l9lorado / Hawaii / Nevada / New Mexico / Meg-0 y': exas / Utah / Washingto?/1/2022 STATEWIDE SAFETY SYSTEMS CompanV and Team Experience: Statewide Traffic Safety and Signs Inc. dba Statewide Safety Systems (Statewide) has positioned itself as an industry leader in traffic control in California, with 11 offices located throughout the state. Statewide operated in Nevada and has affiliated companies operating in multiple states in the Central and Western United States. Statewide provides rental services and sales of traffic control products, as well as providing services ranging from traffic plans, permits, sign fabrication, and traffic closures on surface streets, highways, and major freeways. Services Construction Zone Traffic Control Traffic Plans Freeway and Road Closures Products K-Rail — Concrete, Plastic, Water -Filled Light Towers Solar Arrow Boards Attenuator Trucks Permit Process K-Rail Installation Crash Cushion Installation Special Events Changeable Message Signs- Full-Size/Mini Crash Cushions Construction Area Signs and Fence Panels The Sign Division provides signage of all types: Architectural — Interior/Exterior Building Face Lettering OSHA Magnetics for Vehicles Flagging Permanent Sign Installation Construction Sign Installation Barrier Systems Delineators, Cones, Barricades, Safety Products Crowd Control Barricades Warning & Airport Flags Building Signs Decals and Logos Special Traffic Control Signs Channel Letters ADA/Braille Fleet Graphics Regulatory and Warning Banners and Stencils Traffic Planning Our traffic plans are prepared by knowledgeable professional staff to scale and based upon the requirements set forth in the current California Manual on Uniform Traffic Control Devices (M.U.T.C.D.) and in accordance with the requirements of the local agency. If required, Statewide uses the service of a registered P.E. Civil Engineer to additionally review and stamp our plans. We also have available the services of a Certified Traffic Engineer who will prepare and stamp temporary traffic signal plans. Professional CAD drawn plans to scale, Site surveying. Our representatives will meet with you to determine you work zone, time, and safety requirements and develop a traffic plan that fits your needs. We can develop pre -bid traffic plan sets or develop traffic plan sets from existing construction plans. Permit Services Our Permit Services include: Plan submittals are sent directly to all agencies; We handle all approvals, revisions, paperwork, and fees. Our staff attends agency meetings to coordinate traffic control, design, and approval. We obtain all 3rd party signatures (if required) for approval of submitted plans for Fire and Safety Agencies. Statewide places customer service, as its highest priority and we pride ourselves on our quick response to all customer requests. We also offer EMERGENCY RESPONSE which includes coordinating with State, City and Local Agencies for implementation of traffic control following MAJOR INCIDENTS. Cjty, ,Counc0,, ; 1 --131 _ '�11 /2022 STATEWIDE SAFETY SYSTEMS Project Team (Resumes attached to this Statement of Qualifications): - Kory Fivecoat (Branch Manager) Manages STSSI operations in our Garden Grove, California branch which services Los Angeles and Orange Counties of California. Projects, and personnel involved, under his management range from construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. Kory Fivecoat will be one of the Statewide representatives to conduct the presentation, if invited for an interview - Mike Razo (Dispatcher / Project Manager) Dispatcher / Project Manager for STSSI Garden Grove, California which services Los Angeles and Orange Counties of California. Mike dispatches and coordinates labor, material and equipment for projects relating to construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. - Field Crews Our field personnel are certified perform traffic control to the current standards. We hire union labor for the local laborer's union. rr Statewide Traffic Safety & Signs DBA Statewide Safety Systems Arizona / Ryoh�QyrMorado / Havvaii / Nevada / Mew Mexico / ;- �4xas 11 Utah / Washingto?/l/2022 Si STATEWIDE SAFETY SYSTEMS Understandina of Need: Statewide understands that the safety of City of Santa Ana's crews and the public are a top priority for the City. We are committed to providing a safe work zone for all personnel involved and, with our experience and expertise, we will provide the highest standard of traffic control services to the City. Statewide personnel will carry themselves in a professional manner. Our 24hour on -call services will allow us to respond when notified by the City's Project Manager within 48 hours, for planned services, as well as within 2 hours, for emergency task orders. Our Santa Ana branch location is minutes from all locations within the limits of the City of Santa Ana. We have shown on the map to the right where our branch is positioned in relation to the City of Santa Ana city limits. Our proximity to possible work locations under this contract will insure a prompt and efficient response to traffic control requests from the City. Garden Grove - Ssntewide Sao• ,, CL F Material and equipment required for traffic control work under this contract will be staged on trucks, ready to be dispatched with traffic control crews when task orders are initiated by the City's Project Manager. We understand that after hours work may require additional equipment and have this equipment on standby as well. Statewide vehicles will be clearly identified and fully equipped with all the necessary warning and flashing signs to fulfill the task order. Traffic Mounted attenuators will be used on major arterial streets As part of the contract requirements, Statewide will attend meetings with the City staff as required. We have extensive experience coordinate with regulatory agencies and will involve the respective agencies representatives on site, if necessary. If the situation arises where unrelated work is concurrently be performed on or near the work covered by this contract, Statewide will cooperate and coordinate as directed by the City. Our management and crews will monitor all traffic control setups to ensure proper functioning and repair damaged or missing traffic control as necessary. To provide our services at a professional level, Statewide has project management control procedures in place, that include project management plans, QA/QC plans, project schedule/invoicing procedures, and project correspondence procedures. Statewide Traffic Safety &Signs DBA �Sta^tCewtcle Safpe�ty Systems Street { Ar170fla ; City CounCiloradc , Hawaii / Nevada ! New hlexico / 6;�gal �4e�as 1 Utah / ►lVashmgtoV /2022 St STATEWIDE SAFETY SYSTEMS Financial Capacity and Availability: To Whom It.Iay Concern_ THE .4 HARTFORD Lauren Oppedisano 216-9864255 laoren.oppedisano u thehartford_com RE: Statewide Traffic Safety and Signs. Inc. dba Statewide Safety Systems Bondability Letter The Hartford, a corporation under the laws of the State of California, pith an office and place of business in Connecticut. represents Stateside Traffic Safety and Signs. Inc. dba Statewide Safety Sy item for surety bondw.- needs. At the present rime. Smteuide is in a position to consider single projects up to S5 NU ion wldmin an ag_eregate !mist of 525 Million. The statement of these rahmes is neither a comnttrruem nor a limitation of the bonding capacity of Statewide. At the request of Statewide. The Hartford will gme favorable consideration to providing the required performance and payment bonds. Please note that the decision to issue performance and payment bonds is a matter between Statewide and The Hartfor& and wW be subject to The Hartford's standard wtdemnli o at the time of the final bond request, which will include but not limited to the acceptabiliry of time contract doci nments. bond forms and fin-incmg, The Hartford assumes no liability to Statewide. thud panties. or to ECC if for any, reason The Hartford does not execute said bonds. If you have any questions or need any additional information. please do not hesitate to contact me. Sincerely. Lauren Oppedisano Constriction Bond Underwriter The Hartford The Hartford Bond Department 7100 E. Pleasant Valley Rd - Suite 200 Independence, Ohio 44131 We have included a list of past projects in our Relevant Project Experience / References section where we have reliably been able to respond to each agency's on -call and emergency needs. rraIiic Safet,,/ i,h`i _`CaLewiule Sa1' C`/ S✓5 �nI' II ��`Ad^_ r m / r� d'rT"� 9G'1OC7C�'._ �.; i7il i �' V i1Ci\I iJ Maco l' jC3`1 _'i:a5 �'1,711 / 1r1fa51 i1?CjtA1/20L2 STATEWIDE SAFETY SYSTEMS Relevant Project Experience ! References: List of projects and contracts Statewide currently has in place with and projects/contracts we have completed within last 5 years. This list includes significant work directly for public agencies and subcontract work in connection with public contracts. Project description On -Call Traffic Control Services (STSSI Job# 2T9246) Year completed: 2019 - 2021 Client name: City of Santa Ana Contact person: Kathia Reyes Phone number: (714) 647-3319 / KReyes2@santa-ana.org Project description: Year completed: Client name: Contact person: Phone number: On -Call Traffic Control Services (STSSI Job# 2T7102) 2017-2020 City of Newport Beach Anthony Nguyen (949) 644-3080 / anguyen@newportbeachca.gov Project description- On -Call Traffic Control Services (STSSI Job# 2T7064, 2T9317) Year completed: 2018-2019, 2020 — Current Contract Client name: County of Orange DPW Contact person: Alex Ortega Phone number: (714) 955-0342 / Alex.Orteaa _oc w.ocoov.com Project description On -Call Traffic Control — Fugro Project with Caltrans (STSSI Job# 2T8030) Year completed: 2018 — 2021 Client name: Fugro USA Land Inc. Contact person: Mathew Pollard Phone number: (213) 788-3500 / mpollard(d_)fugro.com Project description: Traffic Control —Valley Rinaldi & Valley Toluca, Reconductoring 1-5 & 1-710 (STSSI Job# 2T9037) Year completed: 2019 Client name: Los Angeles, Department of Water & Power Contact person: Keith McCabe Phone number: (213) 367-4789 / Keith. McCabe@ladwp.com Project description: Woolsey Hill Fire Debris Removal Project (STSSI Job# 2T9017) Year completed: 2019 Client name: Environmental Chemical Corp. (Owner: CA Offices of Emergency Services) Contact person: Barbara Growney Phone number: 201) 953-2790 / B rownev a ecc.net Additional project experience and agency references can be provided upon request. Statewide Traffic Safety & Signs DBAStatewide Safety Systems i nn S Pq&;TrF4TL&e� 7*Pl99 ;T'IoiHe' G", ;;6; 4 Arizona /g40q9'r1Ujr1f41orado / Haviaii / Nevada / New ^Mexico / be7bP�exas % Utah / Washingtc?/1/2022 A1® STATEWIDE SAFETY SYSTEMS E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 13. ROLE IN THIS CONT Branch Manager a. TOTAL I b. 13 1 13 15. FIRM NAME AND LOCATION (City and State) Statewide Traffic Safety and Signs, Inc. - Santa Ana Branch 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) A.S. Business Management I N/A 19. RELEVANT PROJECTS (2) YEAR COMPLETED •LOCATION TITLE Branch • _ PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A Ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm a. Manages Statewide operations in out or Santa Ana branch which services Los Angeles and Orange Counties of California. Projects under my management range from construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. ■ • • • (2) YEAR COMPLETED • • • • • • PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A 2017-2020 b (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm Branch Manager On -Call Traffic Control Contract (1) TITLE ■ LOCATION (City and (2 YEAR COMPLETED -■- • • California PROFESSIONAL SERVICES CONSTRUCTION (If applicable) County ofOrange N/A 2018-2019, 2020 — Current Contract c- (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm Branch Manager On -Call Traffic Control Contract ■ • • (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A 2016 I (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Branch Manager Work included managed traffic control, construction area signs, crash arrays, temporary and permanent signage, overhead signs and structures, and rentals & sales of traffic control and safety equipment. Project widened the 1-405 through the Sepulveda pass from 1-10 to US Route 101, and overall construction cost was >$1 billion. Statewide ortion of work was roughly S55 million. ■ • • • (2) YEAR COMPLETED ' - • ■ • • - • ROFESSIONAL SERVICES CONSTRUCTION (Ifapplicable) N/A 2017 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc) AND SPECIFIC ROLE ® Check if project performed with current firm e. Branch Manager Work includes permanent roadside signs, PCBM's (permanent concrete barrier markers), and Class 1 Delineators. Overall construction valued at — $318 million; Statewide subcontracted For — $119K. SlaL2vvide Traffic Saf;ery & SIQI'J DBA. Sta,`t. odde SDd =.`j' jv ' ri7 City Council � -I � � ��� �13 — '�3�� 2/1 /2022 ly.�iZOil j 7d;l :r?lkl ! _-oi0?".CiO. �1��^i��Jl f ��F\f�da �I�l'I ;r;:ICO. ��PgOf+,r ,i_::5,Ji-�i�! / Vl�75+�1 1c,1_�i STATEWIDE SAFETY SYSTEMS E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 13. L2GLE IN THIS CONTRACT 14. YEAKb tAHt KItNL:t Dispatcher / Project Manager C. TOTAL d. WITH CURRENT FIRM 29 9 15. FIRM NAME AND LOCATION (City and State) Statewide Traffic Safety and Signs, Inc. — Santa Ana Branch 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) N/A I N/A ly. KtLtVANI t MUJCL. 0 (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A Ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc) AND SPECIFIC ROLE ® Check if project performed with current firm a Dispatcher / Project Manager for Statewide out or Santa Ana branch which services Los Angeles and Orange Counties of California. Dispatch and coordinate labor, material and equipment for projects relating to construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (Ifapplicable) N/A 2017-2020 b (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc,) AND SPECIFIC ROLE ®Check if project performed with current firm Dispatcher / Project Manager On -Call Traffic Control Contract YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) N/A 2018-2019, 2020 — Current Contract c• (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm Dispatcher / Project Manager On -Call Traffic Control Contract (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(Ifapplicable) N/A 2016 (3) BRIEF DESCRIPTION (Briefscope, size, cost, etc.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Dispatcher / Project Manager Work included managed traffic control, construction area signs, crash arrays, temporary and permanent signage, overhead signs and structures, and rentals & sales of traffic control and safety equipment. Project widened the 1-405 through the Sepulveda pass from 1-10 to US Route 101, and overall construction cost was >$1 billion. Statewide portion of work was roughly $55 million. (2) YEAR COMPLETED 4L SERVICES CONSTRUCTION (If applicable) N/A 2017 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc) AND SPECIFIC ROLE ® Check if project performed with current firm e. Dispatcher / Project Manager Work includes permanent roadside signs, PCBM's (permanent concrete barrier markers), and Class 1 Delineators. Overall construction valued at — $318 million; Statewide subcontracted for — $119K. 1n/�-11y (/�./� /� 5Cal:-. i,i!G` Ti"a"r Salt c:. �ii ir;� IJ-=�'rw`�^(. 1/(�7��. Sd('_V sy'_l Sty].R �l tlrll .i�J J 1V�I 1 1,Wl 11W1 t�c v�lu,i ii3lhl:�.- 1�I:_`r,ll[c �'�)I�V11 �PXiI t C�IOf / <?5 STATEWIDE SAFETY SYSTEMS SCOPE OF SERVICES AND SCHEDULE Statewide has the experience, expertise and has worked with multiple city agencies throughout California to provide the Traffic Control Services as outlined in this RFP's Attachment 1, Scope of Services. Work categories we are fully capable of providing our services for under this contract will include: - PSMS Citywide Measure Campaign - Work Area Traffic Control Setup - Job Site Flagging - Lane Closures - Sidewalk Closures - Road Closures - Vehicle, Bicycle and Pedestrian Detours - Special Event and Traffic Control - Maintenance of Traffic Control zone - Professional Engineering Traffic Plans (for specific tasks orders) Our relevant project experience and references on the previous page of this SOQ are a few examples of our qualifications to perform the traffic control services on this contract. We have many more projects and clients not listed that we also support our experience and expertise in traffic control services. Our management and crews will perform traffic control services in accordance with the follow provisions and guidelines outlines in the latest editions of the MUTCD, WATCH, ASSHTO, Caltrans Standards, ADA, SAMC, and standards established by the City and Federal, State and local guidelines established in the project. Our experience also includes past and present contracts which have required similar response times as this contract. For this contract, we will be able to provide the minimum 48-hour response for planned services and the 2-hour response for emergency tasks orders. STSSI has demonstrated in this proposal that we have the expertise, experience, and the resources available to perform the required professional traffic control services required under this RFP. Statev,iide Traffic Safety & Signs DBA Statevvide Safety Systems }} rr ll 8a 5 p met Ste-+9@ ji—ine E1A�P6 E'l a ebaaidess -j;W Arizona %qa1 0q9''; blorado / Hawaii / Nevada / New Mexico / Vegor 4exas 1 Utah / Washingt2 11/2022 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned l l Lit making a false certification may subject the certifier to criminal prosecution. z Signed State of Cali o is _ County of � Su scribed and sworn to (or affirmed) before me on this �f day of RVL 1 , by proved to me on the basis of satisfactory evidence to be the person( who appeared before me. MARYANNE SEIDL NotaryPublic California -V- Orange County I, Commission 92237280 x �-� My Comm, Expires Apr 19, 2022 Notary P lie SignatuW Notary Public Seal City of Santa Ana RFP 21-120 Page A3-1 City Council 13 — 139 2/1/2022 Appendix ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANfA ANA ) Marty Breen , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of.. Secretary / Treasurer a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any or person. Signature of CONTRACTOR Subr'libe nd sworn to before me this day of G�IW t/20 IP Signat re of officer Administering Oath (Notary Public) MARYANNE SEIDL i Notary Public - California _ Gian;e Couity Commission .. 2237280 My Comm. Expires Apr 19, 2022 City of Santa Ana RFP 21-120 Page A3-7 City Council 13 — 140 2/1/2022 EXHIBIT C City Council 13 — 141 2/1/2022 STATEWIDE SAFETY SYSTEMS DIR PW REG#1000001109 EXP. 6/30/2022 Proposal/Quote Statewide - Garden Grove License # 975518 2722 South Fairview Street Santa Ana, CA 92704 Ph (714) 468-1919 Fax (562) 272-6857 BID DATE: 11/30/21 CONTRACT INFO ON -CALL TRAFFIC CONTROL SERVICES RFP NO. 21-120 PROPOSAL:126974 ESTIMATOR Kellen Blohm CLIENT: EST PROJECT: ESTIMATING DEPARTMENT ON -CALL TRAFFIC CONTROL SERVICES RFP NO. 21-120 SANTA ANA, CA ITEM # DESCRIPTION QUANTITY PRICE AMOUNT Proposal General Notes: THIS PROPOSAL AND ATTACHED PROVISIONS MUST BECOME A BINDING PART OF ANY SUBCONTRACT TRAFFIC CONTROL SERVICES SPECIFICATIONS: 1 TECH, 1 TC TRUCK, 1 FLASHING ARROW BOARD -Includes TC equipment for (1) lane closure 1 TC TECH 1 TC TRUCK -See attached rate sheet for equipment rental rates. OVERTIME DOUBLETIME SATURDAY closures SUNDAY / HOLIDAY closures +++ 4-HOUR MINIMUM SHIFT CHARGE PER MOBILIZATION +++ +++ ALL RATES LISTED ABOVE ARE PREVAILING WAGE +++ +++ ALL RATES LISTED ABOVE ARE PORTAL-TO-PORTAL +++ $145.00/HR $105.00/HR $25.00/HR $130.00/8-12 HRS/MAN $160.00/HR over 12 HR/MAN $130 00/HR/MAN $160.00/H R/MAN - For more extensive closures or for a more detailed breakdown of rates, additional pricing or quotes can be made available upon request on a case -by -case basis. - Each Traffic Tech must be provided a 30 minute meal period. Missed meal periods will be billed at $60.00 per Traffic Tech NO RETENTION HELD FOR TRAFFIC CONTROL. TRAFFIC CONTROL PLAN SPECIFICATIONS: WITH ENGINEER STAMP $900.00/PER PAGE WITHOUT ENGINEER STAMP $500.00/PER PAGE DOES NOT INCLUDE TEMPORARY STRIPING OR K-RAIL City Council 13 — 142 2/1/2022 CONTRACT INFO Proposal/Quote Page 2 ON -CALL TRAFFIC CONTROL 126974 11/23/21 SERVICES RFP NO. 21-120 ITEM # DESCRIPTION QUANTITY PRICE AMOUNT PROPOSAL PROVISIONS SPECIFICATIONS: - A signed contract and 15 working days notice must be given prior to any move in. This quote shall remain valid for 30 days from date of actual bid opening, unless otherwise agreed upon. PAYMENT TERMS ARE- 100%, NET 30 unless otherwise agreed upon. - Unless stated on the quote, all permits and associated fees are excluded from Statewide Traffic Safety and Signs, Inc's quoted Signed Print: Dated: Title: pricing - Lump sum items are based on "working days" listed in the Special Provisions or working days bid for this project. Additional compensation (standard rental rates) will be applied if working days are exceeded. - Standards for 5 day work shift must be established IN WRITING prior to Statewide Traffic Safety and Signs, Inc. starting work on the project. - Rental equipment furnished and installed by Statewide Traffic Safety and Signs, Inc. may not be moved by anyone other than Statewide Traffic Safety and Signs, Inc. without prior approval - Traffic Control not included in installation, removal, or repair of any item. Stand-by time charged at $175.00/hr -Portable equipment will be delivered and picked up from one location. Contractor to maintain. Contractor is liable for loss and or damaged equipment. Barricades do not include flashing lights or sign panels unless otherwise noted. Pallets are not included with crash cushions. - Contractor is liable for lost or damaged equipment removed or relocated by Contractor's forces. - Statewide Traffic Safety and Signs, Inc. does not accept charges or back charges of any kind unless agreed to in writing prior to work beginning. - Statewide Traffic Safety and Signs, Inc. shall fully indemnify Contractor for any liability arising out of Statewide Traffic Safety and Signs, Inc. work or products, but only to the extent of Statewide Traffic Safety and Signs, Inc liability and not that of anyone else. Statewide Traffic Safety and Signs, Inc. maintains insurance coverage for their work hereunder, including $2,000,000.00 Products- Comp/OP Agg and a 10/93 Additional Insured Endorsement. - If there are any issues or concerns regarding Statewide Traffic Safety and Signs, Inc products or work, Contractor shall promptly notify and give Statewide Traffic Safety and Signs, Inc. first opportunity to correct any such problems. - All change order work must be approved by agency / owner prior to work being performed by Statewide Traffic Safety and Signs, Inc. - Acceptance of this quote is acceptance of these provisions, which shall prevail if in conflict with any other documents. - No retention is to be held on Traffic Control and Equipment Rental. 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Authorize the City Manager to execute the Master Agreement for State -Funded Transit Projects No. 64A0274 with the State of California Department of Transportation for a ten-year term, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION For the City to be awarded State -funded grants for specific projects, a program supplement agreement is required to secure those funds and receive reimbursements. This can only be done with a Master Agreement in place (Exhibit 1). This Master Agreement allows the City to receive reimbursements on a number of State -funded projects. However, a resolution (Exhibit 2) is required to authorize the Executive Director of the Public Works Agency to execute all program supplements which fall under this Master Agreement. Program supplements define the scope of work and reimbursement limits for each State -funded project and must be separately executed to receive the funds. City Council action will still be required to approve the City's Capital Improvement Program projects and any subsequent Master Agreement revisions. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 14 — 1 2/1/2022 Resolution and Master Agreement for State -funded Transit Projects February 1, 2022 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Master Agreement 2. Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 2 2/1/2022 City of Santa Ana Master Agreement No. 64AO274 EXHIBIT 1 Master Agreement State Funded Transit Projects Ca1&avtg California Department of Transportation DIVISION OF RAIL AND MASS TRANSPORTATION 1120 N STREET, ROOM 3300 P. O. BOX 942874, MS-39 SACRAMENTO, CA 94274-0001 PHONE (916) 654-8012 City Council 14 — 3 2/1/2022 Revised December 23.2020 City Council 14 — 4 2/1/2022 City of Santa Ana Master Agreement No. 64AO274 Page i of ii STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF RAIL AND MASS TRANSPORTATION TABLE OF CONTENTS FUNDING SOURCES COVERED BY THIS AGREEMENT as identified in each Program Supplement, ARTICLE I - PROJECT ADMINISTRATION Section 1. Program Supplement A. B. C. D. General Project Overrun Scope of Work Program Supplement Amendments Section 2. Allowable Costs and Payments A. Allowable Costs and Progress Payment Vouchers B. Advance Payments (TCR Projects Only) C. Expedited Payments (Excludes TCR Projects)_ D. Advance Expenditure of Local Funds E. Travel Reimbursement F. Final Invoice ARTICLE H— GENERAL PROVISIONS Section 1. Funding A. Local Match Funds B. Funding Contingencies C. Funds Movement Section 2. Audits and Reports A. Cost Principles B. Record Retention C. Quarterly Review Section 3. Special Requirements A. California Transportation Commission (CTC) Resolutions B. Recipient Resolution C. Termination D. Third Party Contracting E. Change in Terms/Amendments F. Project Ownership G. Disputes H. Hold Harmless and Indemnification I. Labor Code Compliance J. Non -Discrimination K. State Fire Marshal Building Standards L. Americans with Disabilities Act M. Access for Persons with Disabilities N. Disabled Veterans Program Requirements O. Environmental Process I 4 4 5 6 6 7 7 7 7 7 8 8 8 8 9 10 10 10 11 11 12 13 13 15 15 16 16 17 17 17 17 18 City Council 14 — 5 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page ii of ii ARTICLE III —SPECIAL PROVISIONS Section 1. Bond Provisions _ A. General Bond Provisions Section 2. TCRP PROJECTS Section 3. PROJECT MANAGEMENT Attachment I -- CTC Resolution G-91-2 Attachment II -- Recipient Agency Board Resolution 18 18 18 21 21 22 24 City Council 14 — 6 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 1 of 26 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF RAIL AND MASS TRANSPORTATION MASTER AGREEMENT STATE FUNDED TRANSIT PROJECTS Effective Date of this Agreement: Month Date, Year (upon final signature) Termination Date of this Agreement: Month Date, Year (10 years post final signature) Recipient: City of Santa Ana APPLICABLE FUNDING SOURCES COVERED BY THIS AGREEMENT WILL BE IDENTIFIED IN EACH SPECIFIC PROGRAM SUPPLEMENT ADOPTING THE TERMS OF THIS AGREEMENT ♦ General Fund ♦ State Highway Account ♦ Public Transportation Account ♦ Clean Air and Transportation Improvement Act of 1990 (PROP. 116) Bond Fund ♦ Traffic Congestion Relief Fund (TCR), GC 14556.40 ♦ Proposition IA, the Safe, Reliable High -Speed Passenger Train Bond Act ♦ Road Repair and Accountability Act of 2017, Senate Bill 1 ♦ Other State Funding Sources (Existing and Future), except the Transit and Intercity Rail Program (TIRCP) This AGREEMENT, entered into effective as of the date set forth above, is between the signatory public entity identified hereinabove, hereinafter referred to as RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter referred to as STATE. ARTICLE I - PROJECT ADMINISTRATION Section 1. Program Supplement A. General (1) This AGREEMENT shall have no force and effect with respect to any PROJECT unless and until a separate PROJECT specific "PROGRAM SUPPLEMENT — STATE FUNDED TRANSIT PROJECT(S)," hereinafter referred to as "PROGRAM SUPPLEMENT," adopting all of the terms and conditions of this AGREEMENT has been fully executed by both STATE and RECIPIENT. City Council 14 — 7 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 2 of 26 (2) RECIPIENT agrees to complete each defined PROJECT, or the identified PROJECT Phase/Component thereof, described in the PROGRAM SUPPLEMENT adopting all of the terms and conditions of this AGREEMENT. (3) A financial commitment of actual PROJECT funds will only occur in each detailed and separate PROGRAM SUPPLEMENT. No funds are obligated by the prior execution of this AGREEMENT alone. (4) RECIPIENT further agrees, as a condition to the release and payment of the funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed -upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT identifying and defining the nature of that specific PROJECT. (5) The PROGRAM SUPPLEMENT shall include: a detailed Scope of Work conforming to the included Project Description, a Project Schedule, an Overall Funding Plan, and a Project Financial Plan as required by the applicable Program Guidelines. a. The Scope of Work shall include a detailed description of the PROJECT and will itemize the major tasks and their estimated costs. b. The Project Schedule shall include major tasks and/or milestones and their associated beginning and ending dates and duration. c. The Overall Funding Plan shall itemize the various PROJECT Components, the committed funding program(s) or source(s), and the matching funds to be provided by RECIPIENT and/or other funding sources, if any [these Components include Environmental and Permits; Plans, Specifications and Estimates (PS&E); Right -of - Way (ROW); and Construction (including transit vehicle acquisition)]. d. The Project Financial Plan shall identify estimated expenditures for each PROJECT Component by funding source. (6) Adoption and execution of the PROGRAM SUPPLEMENT by RECIPIENT and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind RECIPIENT to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated to a third -party in a resolution by RECIPIENT's governing body, which delegation must be expressly assented to and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by RECIPIENT. (7) The estimated cost and scope of each PROJECT will be as described in the applicable PROGRAM SUPPLEMENT. STATE funding participation for each PROJECT is limited to those amounts actually encumbered by STATE as evidenced in that applicable PROGRAM SUPPLEMENT. A contract awarded by RECIPIENT for PROJECT work in an amount in excess of said approved estimate or the PROGRAM SUPPLEMENT funding limit may exceed any said PROGRAM SUPPLEMENT cost estimate and the limits of STATE's participation provided: City Council 14 — 8 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 3 of 26 a. RECIPIENT provides the necessary additional funding, or b. A cost increase in STATE's share of PROJECT funding is first requested by RECIPIENT (before the cost overrun occurs) and that increase is approved by STATE in the form of an Allocation Letter comprising the encumbrance document for that increased STATE funding level. (8) State programmed fund amounts may be increased to cover PROJECT cost increases only if: a. Such funds are available; b. STATE concurs with that proposed increase; and c. STATE issues an approved Allocation Letter, Fund Shift Letter, or a Time Extension Letter with additional funding as stated in an executed amendment to that PROGRAM SUPPLEMENT. (9) When additional State programmed funds are not available, RECIPIENT agrees that reimbursements of invoiced PROJECT costs paid to RECIPIENT will be limited to, and shall not exceed, the amounts already approved in the PROGRAM SUPPLEMENT containing the STATE approved encumbrance documents and that any increases in PROJECT costs above that STATE supported funding level must be defrayed by RECIPIENT with non -State funds. (10) For each approved PROGRAM SUPPLEMENT, RECIPIENT agrees to contribute at least the statutorily or other required local contribution of appropriate matching funds (other than State funds) if any matching funds are specified within the PROGRAM SUPPLEMENT, or any attachment thereto, toward the actual cost of the PROJECT or the amount, if any, specified in an executed SB 2800 (Streets and Highways Code section 164.53) Agreement for local match fund credit, whichever is greater. RECIPIENT shall contribute not less than the required match amount toward the cost of the PROJECT in accordance with a schedule of payments as shown in a Project Financial Plan prepared by RECIPIENT as part of a PROGRAM SUPPLEMENT. (11) Upon the stated expiration date of this AGREEMENT, any PROGRAM SUPPLEMENTS executed under this AGREEMENT for a PROJECT with work yet to be completed pursuant to the approved Project Schedule shall be deemed to extend the term of this AGREEMENT only to conform to the specific PROJECT termination or completion date contemplated by the applicable PROGRAM SUPPLEMENT to allow that uncompleted PROJECT to be administered under the extended terms and conditions of this AGREEMENT. (12) Total project cost includes the cost of a project for all phases (Plans, Specifications, and Estimates (PS&E), Project Approval and Environmental Document (PA&ED) Right -of - Way (ROW), and Construction (CON) including rolling stock) of a Project from start to finish. City Council 14 — 9 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 4 of 26 B. Project Overrun (1) If RECIPIENT and STATE determine, at any time during the performance of a PROJECT, that the PROJECT budget may be exceeded, RECIPIENT shall take the following steps: a. Notify the designated STATE representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential cost savings or other measures which RECIPIENT will institute to bring the Project Budget into balance; and b. Schedule the projected overrun for discussion at the next Quarterly Review meeting; and c. Identify the source of additional RECIPIENT or other third party funds that can be made available to complete PROJECT. C. Scope of Work (1) RECIPIENT shall be responsible for complete performance of the work described in the approved PROGRAM SUPPLEMENT for the PROJECT related to the commitment of encumbered funds. All work shall be accomplished in accordance with the applicable provisions of the Public Utilities Code, the Streets and Highways Code, the Government Code, and other applicable statutes and regulations. (2) RECIPIENT acknowledges and agrees that RECIPIENT is the sole control and manager of each PROJECT and its subsequent employment, operation, repair and maintenance for the benefit of the public. RECIPIENT shall be solely responsible for complying with the funding and use restrictions established by (a) the statutes from which these funds are derived, (b) the California Transportation Commission (CTC), (c) the State Treasurer, (d) the Internal Revenue Service, (e) the applicable PROGRAM SUPPLEMENT, and (f) this AGREEMENT. D. Program Supplement Amendments PROGRAM SUPPLEMENT amendments will be required whenever there are CTC-approved changes to the cost, scope of work, or delivery schedule of a PROJECT from those specified in the original PROJECT Application and the original PROGRAM SUPPLEMENT. Those changes shall be mutually binding upon the Parties only following the execution of a PROGRAM SUPPLEMENT amendment. Section 2. Allowable Costs and Payments A. Allowable Costs and Progress Payment Vouchers (1) Not more frequently than once a month, but at least quarterly, RECIPIENT will prepare and submit to STATE (directed to the attention of the appropriate State District City Council 14 — 10 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 5 of 26 Transit Representative) signed Progress Payment Vouchers for actual PROJECT costs incurred and paid for by RECIPIENT consistent with the Scope of Work document in the PROGRAM SUPPLEMENT and STATE shall pay those uncontested allowable costs once the voucher is approved. If no costs were incurred during any given quarter, RECIPIENT is exempt from submitting a signed Progress Payment Voucher; but is still required to present a progress report at each Quarterly Review. (2) STATE shall not be required to reimburse more funds, cumulatively, per quarter of any fiscal year greater than the sums identified and included in the PROJECT Financial Plan. However, accelerated reimbursement of PROJECT funds in excess of the amounts indicated in the Project Financial Plan, cumulatively by fiscal year, may be allowed at the sole discretion of STATE if such funds are available for encumbrance to fulfill that need. (3) Each such voucher will report the total of PROJECT expenditures from all sources (including those of RECIPIENT and third parties) and will specify the percent of State reimbursement requested and the fund source. The voucher should also summarize State money requested by PROJECT component (environmental and permits, plans specifications, and estimates (PS&E); right of way; construction; rolling stock; or --if bond funded --private activity usage) and phase, and shall be accompanied by a report describing the overall work status and progress on PROJECT tasks. If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the PROGRAM SUPPLEMENT which were accomplished prior to the Effective Date of this AGREEMENT or the PROGRAM SUPPLEMENT with costs to be credited toward any required local contribution described in Article II, Section I of this Agreement (but only if expended pursuant to any applicable prior executed Agreement for Local Match Fund Credit between RECIPIENT and STATE). (4) An Indirect Cost Rate Proposal and/or Central Service Cost Allocation plan and related documentation approved under cognizant agency regulations are to be provided to STATE (Caltrans Audits & Investigations) annually for their review, and approval and filing prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for reimbursement. B. Advance Payments (TCR Projects Only) (1) Advance reimbursements or payments by STATE are not allowed except in the case of TCR funded Projects, and only then when expressly authorized by the CTC. (2) In order to receive a CTC approved TCR payment advance, RECIPIENT must provide duplicate signed invoices to STATE requesting payment of that authorized advance. (3) For TCR Projects approved for advanced payment allocation by the CTC, said advance payment shall be deposited by RECIPIENT in an interest bearing account held by institutions with long-term credit ratings of "AA" or better from at least two nationally recognized credit rating agencies, or in instruments issued by and secured by the full faith and credit of the U.S. Government or by an agency of the U.S. Government. No City Council 14 — 11 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 6 of 26 TCR interest earnings may be spent on the PROJECT. Interest earned shall be recorded and documented from the time the TCR funds are first deposited in RECIPIENT's account until all the approved TCR advance funds have been expended or returned to STATE together with all accrued interest. Interest earned shall be reported to STATE's Project Coordinator on an annual basis and upon the final PROJECT payment when interest earnings, overpayments, and unexpended advanced TCR funds shall be returned to STATE no later than thirty (30) days after PROJECT completion or termination of the PROGRAM SUPPLEMENT, whichever is first in time. (4) Advanced funds are to be expended only as indicated in the approved TCR Application. RECIPIENT must be able to document the expenditures/disbursement of funds advanced to only pay for actual allowable PROJECT costs incurred. (5) Except as expressly allowed hereinbelow, non-TCR funds and TCR project funds not authorized for advance payment can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by RECIPIENT no earlier than the effective date of this AGREEMENT and not incurred beyond the AGREEMENT/PROGRAM SUPPLEMENT Termination Date. (6) Where advance payments are authorized in a PROGRAM SUPPLEMENT, RECIPIENT must report and document the expenditure/disbursement of funds advanced to pay for actual eligible PROJECT costs incurred, at least quarterly, using a Progress Payment Voucher to be approved by STATE's District Project Administrator. C. Expedited Payments Should RECIPIENT have a valid Memorandum of Understanding (MOU) for "Expedited Payment" on file with STATE's Accounting Service Center, RECIPIENT will, not more frequently than as authorized by that MOU, prepare and submit to STATE an Expedited Payment Invoice for reimbursements that are consistent with that MOU, this AGREEMENT, and the applicable PROGRAM SUPPLEMENT. Expedited Payments are subject to policies established in the Caltrans Accounting Manual. One time payments and final payments eligible for expedited pay pursuant to this Section will have ten percent (10%) of each invoice amount withheld until PROJECT completion and STATE has evaluated RECIPIENT's performance and made a determination that all requirements assumed under this AGREEMENT and the relevant PROGRAM SUPPLEMENT have been satisfactorily fulfilled by RECIPIENT. D. Advance Expenditure of Local Funds Government Code section 14529.17 (AB 872) allows public agencies to expend their own funds on certain programmed projects prior to the CTC's allocation of funds, and, upon receipt of CTC approval, to then seek reimbursement for those allowable prior expenditures following execution of a PROGRAM SUPPLEMENT wherein STATE acknowledges and accepts those statutorily authorized prior expenditures as a credit towards a required RECIPIENT match, (if any) or as eligible PROJECT expenditures for reimbursement. City Council 14 — 12 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 7 of 26 E. Travel Reimbursement Payments to RECIPIENT for PROJECT related travel and subsistence expenses of RECIPIENT forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid rank and file State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by RECIPIENT are in excess of those authorized DPA rates, then RECIPIENT is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by RECIPIENT on demand. F. Final Invoice The PROGRAM SUPPLEMENT Termination Date refers to the last date for RECIPIENT to incur valid PROJECT costs or credits and is the date that the PROGRAM SUPPLEMENT expires. RECIPIENT has one hundred and eighty (180) days after that Termination Date to make already incurred final allowable payments to PROJECT contractors or vendors, prepare the PROJECT Closeout Report, and submit the final invoice to STATE for reimbursement of allowable PROJECT costs before those remaining State funds are unencumbered and those funds are reverted as no longer available to pay any PROJECT costs. RECIPIENT expressly waives any right to allowable reimbursements from STATE pursuant to this AGREEMENT for costs incurred after that termination date and for costs invoiced to RECIPIENT for payment after that one hundred and eightieth (1801h) day following the PROJECT Termination Date. ARTICLE II — GENERAL PROVISIONS Section 1. Funding A. Local Match Funds Subparagraphs "(1) and (2)" within this Section I.A. apply only to those PROJECTS where the PROJECT funding is programmed to require a local match. (See individual Program Guidelines for specific funding requirements). (1) Except where specifically allowed by the applicable PROGRAM SUPPLEMENT, reimbursement of and credits for local matching funds will be made or allowed only for work performed after the Effective Date of a PROGRAM SUPPLEMENT and prior to the Termination Date unless permitted as local match PROJECT expenditures made prior to the effective date of the PROGRAM SUPPLEMENT pursuant to Government Code section 14529.17 or by an executed SB 2800 Agreement for Local Match Fund Credit. (2) RECIPIENT agrees to contribute at least the statutorily or other required local contribution of matching funds (other than State or federal funds), if any is specified within the PROGRAM SUPPLEMENT or any attachment thereto, toward the actual cost of the PROJECT or the amount, if any, specified in any executed SB 2800 (Streets and Highways Code Section 164.53) Agreement for local match fund credit, whichever is greater. City Council 14 — 13 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 8 of 26 RECIPIENT shall contribute not less than its required match amount toward the PROJECT cost in accordance with a schedule of payments as shown in the Project Financial Plan prepared by RECIPIENT and approved by STATE as part of a PROGRAM SUPPLEMENT. B. Funding Contingencies Delivery by STATE of all funds encumbered to reimburse allowable PROJECT costs pursuant to this AGREEMENT is contingent upon prior budget action by the Legislature, fund allocation by the CTC or the United States Department of Transportation, and submittal by RECIPIENT and approval by STATE of all PROJECT documentation, including, without limitation, that required by Government Code section 14085. In the event of the imposition of additional conditions, delays, or a cancellation or reduction in funding, as approved by the Legislature, the CTC or the United States Department of Transportation, RECIPIENT shall be excused from meeting the time and expenditure constraints set forth in the Project Financial Plan and the Project Schedule to the extent of such delay, cancellation or reduction and the PROGRAM SUPPLEMENT will be amended to reflect the resultant necessary changes in PROJECT funding, scope, or scheduling. C. Funds Movement RECIPIENT shall not make any proposed changes in any of the four PROJECT expenditure Components (Environmental and Permits, PS&E, Right -of -Way and Construction), including major equipment acquisitions without prior written STATE approval. STATE will also determine whether those proposed changes are significant enough to warrant CTC review. Specific rules and guidelines regarding this process may be detailed in the applicable CTC Resolutions, including, but not limited to, numbers G-06-04 and G-06-20 or their successors. Section 2. Audits and Reports A. Cost Principles (1) RECIPIENT agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200), Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. (2) RECIPIENT agrees, and will assure that its contractors and subcontractors will be obligated to agree to follow 2 CFR 200 and it shall be used to determine the allowability of individual Project cost items. Every sub -recipient receiving Project funds as a contractor or sub -contractor under this agreement shall comply with 2 CFR 200. (3) Any PROJECT costs for which RECIPIENT has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by RECIPIENT to STATE. Should RECIPIENT fail to reimburse moneys due STATE within thirty (30) days of demand, or within such other period as City Council 14 — 14 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 9 of 26 may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due RECIPIENT from STATE or any third -party source, including but not limited to, the State Treasurer, the State Controller and the CTC. B. Record Retention (1) RECIPIENT agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of RECIPIENT, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT, its contractors and subcontractors connected with PROJECT performance under this AGREEMENT and each PROGRAM SUPPLEMENT shall be maintained for a minimum of three (3) years from the date of final payment to RECIPIENT under a PROGRAM SUPPLEMENT and shall be held open to inspection, copying, and audit by representatives of STATE, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by RECIPIENT, its contractors, and subcontractors upon receipt of any request made by STATE or its agents. In conducting an audit of the costs and match credits claimed under this AGREEMENT, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by RECIPIENT's external and internal auditors may be relied upon and used by STATE when planning and conducting additional audits. (2) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of RECIPIENT'S contracts with third parties pursuant to Government Code section 8546.7, RECIPIENT, RECIPIENT's contractors and subcontractors and STATE shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to RECIPIENT under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions, and RECIPIENT shall furnish copies thereof if requested. (3) RECIPIENT, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other City Council 14 — 15 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 10 of 26 pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by STATE, for the purpose of any investigation to ascertain compliance with this AGREEMENT. C. Quarterly Review (1) Subject to the discretion of STATE, RECIPIENT and STATE agree to conduct, on a quarterly basis, on -site reviews of all aspects of the progress of each PROJECT. RECIPIENT agrees, during each quarterly progress review, to inform STATE regarding: a. Whether the PROJECT is proceeding on schedule and within budget; b. Any requested changes to the Project Description, Scope of Work, Project Schedule, Overall Funding Plan, or Project Financial Plan contained in a PROGRAM SUPPLEMENT; c. Major construction accomplishments during the quarter; d. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties; e. The status of the PROJECT budget; and f. The status of critical elements of PROJECT. (2) Quarterly reviews of RECIPIENT progress will include consideration of whether reported implementation activities are within the scope of the PROJECT PROGRAM SUPPLEMENT and in compliance with State laws, regulations, and administrative requirements. Section 3. Special Requirements A. California Transportation Commission (CTC) Resolutions (1) RECIPIENT shall adhere to applicable CTC policies, as may be adopted or amended from time to time, governing eligibility, project management, use of funds including, but not limited to the "Timely Use of Funds" as stated in Resolution G-06-04, adopted April 26, 2006, addressing the expenditure and reimbursement of TCR funds and Resolution G-09-11, adopted October 14, 2009, to provide guidance for the use of Proposition 116 and STIP funds. All CTC resolutions, and/or successor resolutions in place at the time a PROGRAM SUPPLEMENT is executed, shall be applicable to all state funded projects including, but not limited to Prop 116, STIP, TCR funds, Proposition IA, and the Road Repair and Accountability Act of 2017, respectively. (2) RECIPIENT shall be bound to the terms and conditions of this AGREEMENT; the PROJECT application contained in the PROGRAM SUPPLEMENT (as applicable); and CTC Resolutions G-06-04, G-09-11 and/or their respective successors in place at the time the PROGRAM SUPPLEMENT is signed (as applicable) and all restrictions, rights, duties and obligations established therein on behalf of STATE and CTC shall City Council 14 — 16 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 11 of 26 accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or STATE. All terms and conditions stated in the aforesaid CTC Resolutions and CTC-approved Guidelines in place at the time the PROGRAM SUPPLEMENT is signed (if applicable) shall also be considered to be binding provisions of this AGREEMENT. (3) RECIPIENT shall conform to any and all permit and mitigation duties associated with PROJECT as well as all environmental obligations established in CTC Resolution G- 91-2 and/or its successors in place at the time a PROGRAM SUPPLEMENT is signed, as applicable, at the expense of RECIPIENT and/or the responsible party and without any further financial contributions or obligations on the part of STATE unless a separate PROGRAM SUPPLEMENT expressly provides funding for the specific purpose of hazardous materials remediation. (4) RECIPIENT acknowledges when the PROGRAM SUPPLEMENT is executed the RECIPIENT is to comply with all CTC resolutions as adopted or currently amended as well as the guidelines, and policies applicable to state funded programs (or projects) including, but not limited to, Prop 116, STIP, TCR, Proposition IA, and the Road Repair and Accountability Act of 2017. B. RECIPIENT Resolution (1) RECIPIENT has executed this AGREEMENT pursuant to the authorizing RECIPIENT resolution, attached as Attachment II to this AGREEMENT, which empowers RECIPIENT to enter into this AGREEMENT and which may also empower RECIPIENT to enter into all subsequent PROGRAM SUPPLEMENTS adopting the provisions of this AGREEMENT. (2) If RECIPIENT or STATE determines that a separate Resolution is needed for each PROGRAM SUPPLEMENT, RECIPIENT will provide information as to who the authorized designee is to act on behalf of the RECIPIENT to bind RECIPIENT with regard to the terms and conditions of any said PROGRAM SUPPLEMENT or amendment and will provide a copy of that additional Resolution to STATE with the PROGRAM SUPPLEMENT or any amendment to that document. C. Termination (1) STATE reserves the right to terminate funding for any PROGRAM SUPPLEMENT upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with PROJECT work in accordance with the PROGRAM SUPPLEMENT, the bonding requirements, if applicable, or otherwise violates the conditions of this AGREEMENT and/or the PROGRAM SUPPLEMENT or the funding allocation such that substantial performance is significantly endangered. City Council 14 — 17 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 12 of 26 (2) No such termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, RECIPIENT either cures the default involved or, if not reasonably susceptible of cure within said thirty (30)-day period, RECIPIENT proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to RECIPIENT of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, RECIPIENT and STATE shall meet to attempt to resolve any dispute. (3) Following a fund encumbrance made pursuant to a PROGRAM SUPPLEMENT, if RECIPIENT fails to expend TCR/GENERAL FUND monies by June 30 of any applicable Fiscal Year that those funds would revert, those funds will be deemed withdrawn and will no longer be available to reimburse PROJECT work unless those funds are specifically made available beyond the end of that Fiscal Year through re - appropriation or other equivalent action of the Legislature and written notice of that action is provided to RECIPIENT by STATE. (4) In the event STATE terminates a PROGRAM SUPPLEMENT for convenience and not for a default on the part of RECIPIENT as is contemplated in C (1) and (2) above of this Section 3, RECIPIENT shall be reimbursed its authorized costs up to STATE's proportionate and maximum share of allowable PROJECT costs incurred to the date of RECIPIENT's receipt of that notice of termination, including any unavoidable costs reasonably and necessarily incurred up to and following that termination date by RECIPIENT to effect such termination following receipt of that termination notice. D. Third Party Contracting (1) RECIPIENT shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by RECIPIENT, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. (2) Any subcontract entered into by RECIPIENT as a result of this AGREEMENT shall contain the provisions of ARTICLE II — GENERAL PROVISIONS, Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. City Council 14 — 18 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 13 of 26 (3) To be eligible for local match credit, RECIPIENT must ensure that local match funds used for the PROJECT meet the General Provisions requirements outlined in this ARTICLE II in the same manner as required of all other PROJECT expenditures. (4) In addition to the above, the preaward requirements of third party contractor/consultants with local transit agencies should be consistent with Local Program Procedures (LPP-00-05). E. Change in Funds and Terms/Amendments This AGREEMENT and the resultant PROGRAM SUPPLEMENTS may be modified, altered, or revised only with the joint written consent of RECIPIENT and STATE. F. Project Ownership (1) Unless expressly provided to the contrary in a PROGRAM SUPPLEMENT, subject to the terms and provisions of this AGREEMENT, RECIPIENT, or a designated subrecipient acceptable to STATE, as applicable, shall be the sole owner of all improvements and property included in the PROJECT constructed, installed or acquired by RECIPIENT or subrecipient with funding provided to RECIPIENT under this AGREEMENT. RECIPIENT, or subrecipient, as applicable, is obligated to continue operation and maintenance of the physical aspects of the PROJECT dedicated to the public transportation purposes for which PROJECT was initially approved unless RECIPIENT, or subrecipient, as applicable, ceases ownership of such PROJECT property; ceases to utilize the PROJECT property for the intended public transportation purposes; or sells or transfers title to or control over PROJECT and STATE is refunded the Credits due STATE as provided in paragraph (4) herein below. (2) Should State bond funds be encumbered to fund any part of a PROJECT under this AGREEMENT, then, at STATE's option, before RECIPIENT will be permitted to make any proposed change in use, RECIPIENT shall be required to first obtain a determination by Bond Counsel acceptable to the State Treasurer's Office and STATE that a change in the operation, proportion, or scope of PROJECT as originally proposed by RECIPIENT will not adversely affect the tax exempt status of those bonds. (3) PROJECT right-of-way, PROJECT facilities constructed or reconstructed on a PROJECT site and/or PROJECT property (including vehicles and vessels) purchased by RECIPIENT (excluding temporary construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this AGREEMENT) shall remain permanently dedicated to the described public transit use in the same proportion and scope, and to the same extent as mandated in the PROGRAM SUPPLEMENT and related Bond Fund Certification documents, if applicable, unless STATE agrees otherwise in writing. Vehicles acquired as part of PROJECT, including, but not limited to, buses, vans, rail passenger equipment and ferry vessels, shall be dedicated to that public transportation use for their full economic life cycle, which, for the purpose of this AGREEMENT, will be determined in accordance with City Council 14 — 19 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 14 of 26 standard national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements. (4) (a) Except as otherwise set forth in this Section 4, STATE, or any other STATE - assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit (collectively the Credit), at STATE's sole option, equivalent to the proportionate PROJECT funding participation received by RECIPIENT from STATE if RECIPIENT, or a sub -recipient, as applicable, (i) ceases to utilize PROJECT for the original intended public transportation purposes or (ii) sells or transfers title to or control over PROJECT. If federal funds (meaning only those federal funds received directly by RECIPIENT and not federal funds derived through or from the State) have contributed to the PROJECT, RECIPIENT shall notify both STATE and the original federal source of those funds of the disposition of the PROJECT assets or the intended use of those sale or transfer receipts. (b) STATE shall also be entitled to an acquisition Credit for any future purchase or condemnation of all or portions of PROJECT by STATE or a designated representative or agent of STATE. (c) The Credit due STATE will be determined by the ratio of STATE's funding when measured against the RECIPIENT's funding participation (the Ratio). For purposes of this Section 4, the State's funding participation includes federal funds derived through or from STATE. That Ratio is to be applied to the then present fair market value of PROJECT property acquired or constructed as provided in (d) and (e) below. (d) For Mass Transit vehicles, this Credit [to be deducted from the then remaining equipment value] shall be equivalent to the percentage of the full extendable vehicle economic life cycle remaining, multiplied by the Ratio of funds provided for that equipment acquisition. For real property, this same funding Ratio shall be applied to the then present fair market value, as determined by STATE, of the PROJECT property acquired or improved under this AGREEMENT. (e) Such Credit due STATE as a refund shall not be required if RECIPIENT dedicates the proceeds of such sale or transfer exclusively to a new or replacement STATE approved public transit purpose, which replacement facility or vehicles will then also be subject to the identical use restrictions for that new public purpose and the Credit ratio due STATE should that replacement project or those replacement vehicles cease to be used for that intended described pre -approved public transit purpose. (1) In determining the present fair market value of property for purposes of calculating STATE's Credit under this AGREEMENT, any real property portions of a PROJECT site contributed by RECIPIENT shall not be included. In determining STATE's proportionate funding participation, STATE's City Council 14 — 20 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 15 of 26 contributions to third parties (other than RECIPIENT) shall be included if those contributions are incorporated into the PROJECT. (2) Once STATE has received the Credit as provided for above because RECIPIENT, or a sub -recipient, as applicable, has (a) ceased to utilize the PROJECT for the described intended public transportation purpose(s) for which STATE funding was provided and STATE has not consented to that cessation of services or (b) sold or transferred title to or control over PROJECT to another party (absent STATE approval for the continued transit operation of the PROJECT by that successor party under an assignment of RECIPIENT's duties and obligations), neither RECIPIENT, subrecipient, nor any party to whom RECIPIENT or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this AGREEMENT to continue operation of PROJECT and/or PROJECT facilities for those described public transportation purposes, but may then use PROJECT and/or any of its facilities for any lawful purpose. (3) To the extent that RECIPIENT operates and maintains Intermodal Transfer Stations as any integral part of PROJECT, RECIPIENT shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of STATE, RECIPIENT shall also authorize State -funded bus services to use those stations and appurtenances without any charge to STATE or the bus operator. This permitted use will include the placement of signs and informational material designed to alert the public to the availability of the State -funded bus service (for the purpose of this paragraph, "State -funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316). (4) Special conditions apply to any proposed sale or transfer or change of use as respects PROJECT property, facilities or equipment acquired with tax free State bond funds and RECIPIENT shall conform to those restrictions as set forth herein and in said bonds. G. Disputes STATE and RECIPIENT shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, RECIPIENT shall submit to the STATE's District Contract Manager or designee a written demand for a decision regarding the disposition of any dispute arising under this agreement. The District Contract Manager shall make a written decision regarding the dispute and will provide it to the fund RECIPIENT. The fund RECIPIENT shall have an opportunity to challenge the District Contract Manager's determination but must make that challenge in writing within ten (10) working days to the Mass Transportation Program Manager or his/her designee. [If the fund RECIPIENT challenge is not made within the ten (10) day period, the District Contract Manager's decision shall become the final decision of the STATE.] STATE and RECIPIENT shall submit written, factual information and supporting City Council 14 — 21 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 16 of 26 data in support their respective positions. The decision of the Mass Transportation Program Manager or his/her designee shall be final, conclusive and binding regarding the dispute, unless RECIPIENT commences an action in court of competent jurisdiction to contest the decision in accordance with Division 3.6 of the California Government Code. H. Hold Harmless and Indemnification (1) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT, its agents and contractors under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT or any PROGRAM SUPPLEMENT or as respects environmental clean-up obligations or duties of RECIPIENT relative to PROJECT. It is also understood and agreed that, RECIPIENT shall fully defend, indemnify and hold the CTC and STATE and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT and all PROGRAM SUPPLEMENTS. (2) RECIPIENT shall indemnify, defend and hold harmless STATE, the CTC and the State Treasurer relative to any misuse by RECIPIENT of State funds, PROJECT property, PROJECT generated income or other fiscal acts or omissions of RECIPIENT. Labor Code Compliance RECIPIENT shall include in all subcontracts awarded using PROJECT funds, when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the RECIPIENT. J. Non -Discrimination (1) In the performance of work under this AGREEMENT, RECIPIENT, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, family and medical care leave, pregnancy leave, and disability leave. RECIPIENT, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. RECIPIENT, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, City Council 14 — 22 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 17 of 26 Title 2, section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of RECIPIENT's contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. (2) Should federal funds be constituted as part of PROJECT funding or compensation received by RECIPIENT under a separate Contract during the performance of this AGREEMENT, RECIPIENT shall comply with this AGREEMENT and with all federal mandated contract provisions as set forth in that applicable federal funding agreement. (3) RECIPIENT shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. K. State Fire Marshal Building Standards Code The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State-owned or State - occupied buildings per section 13108 of the Health and Safety Code. When applicable, RECIPIENT shall request that the State Fire Marshal review PROJECT PS&E to ensure PROJECT consistency with State fire protection standards. L. Americans with Disabilities Act By signing this Master Agreement, RECIPIENT assures STATE that RECIPIENT shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.). M. Access for Persons with Disabilities Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded construction of buildings, structures, sidewalks, curbs and related facilities. RECIPIENT will award no construction contract unless RECIPIENT's plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. N. Disabled Veterans Program Requirements (1) Should Military and Veterans Code sections 999 et seq. be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the 3% Disabled Veterans City Council 14 — 23 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 18 of 26 Business Enterprises goals (or RECIPIENT's applicable higher goals) in the award of every contract for PROJECT work to be performed under these this AGREEMENT. (2) RECIPIENT shall have the sole duty and authority under this AGREEMENT and each PROGRAM SUPPLEMENT to determine whether these referenced code sections are applicable to RECIPIENT and, if so, whether good faith efforts asserted by those contractors of RECIPIENT were sufficient as outlined in Military and Veterans Code sections 999 et seq. O. Environmental Process Completion of the PROJECT environmental process ("clearance") by RECIPIENT (and/or STATE if it affects a State facility within the meaning of the applicable statutes) is required prior to requesting PROJECT funds for right-of-way purchase or construction. No State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any PROJECT effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights -of -way already in use. P. Force Majeure Each party will be excused from performance of its obligations where such non-performance is caused by any extraordinary event beyond its reasonable control, such as any non -appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hurricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non-performance and to overcome, remedy or remove such event in the shortest practical time. Should a force majeure event occur which renders it impossible for a period of forty-five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service. ARTICLE III — SPECIAL PROVISIONS Section 1. Bond Provisions (Applicable only to State Bond Funding encumbered against a specific Program Supplement). City Council 14 — 24 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 19 of 26 A. General Bond Provisions (1) If RECIPIENT enters into a management contract with a private party (including AMTRAK) for operation of rail, ferry or other transportation services in connection with PROJECT, RECIPIENT will obtain prior approval from Bond Counsel acceptable to STATE that the terms of that management contract meet the requirements of Internal Revenue Service Revenue Procedure 97-13 (as supplemented or amended) or any successor thereto (dealing generally with guidelines for when management contracts may be deemed not to create a "private use" of bond -financed property) or are otherwise acceptable. RECIPIENT must also be prepared to certify, upon request of STATE, that the revenues which RECIPIENT (or its manager) will receive directly from the operation of transportation services in connection with PROJECT (but not including any subsidy of the transportation operation from taxes or other outside fund sources) are, for any fiscal year, less than the ordinary and necessary expenses directly attributable to the operation and maintenance of the transportation system (excluding any overhead or administrative costs of RECIPIENT). (2) Except as provided in this Article III, A (1), STATE and RECIPIENT agree that any costs of PROJECT acquired or constructed by RECIPIENT allocable to portions of PROJECT which are subject to any property interests held by a non -governmental person(s) in connection with business activities, such as easements, leases, or fee interests, not generally enjoyed by the public (hereinafter referred to as "Non - Governmentally Used Property" or "NUP") shall require the prior approval of STATE and the State Treasurer, as applicable. If RECIPIENT receives any revenues or profits from any NUP activities allowed pursuant to this Article (whether approved at this time or hereafter approved by STATE), RECIPIENT agrees that such revenues or profits shall be used exclusively for the public transportation services for which PROJECT was initially approved, either for capital improvements or operating costs. If RECIPIENT does not so dedicate those revenues or profits, a proportionate share shall (unless disapproved by Bond Counsel) be paid to STATE equivalent to the Ratio of STATE's percentage of participation in PROJECT. (3) Notwithstanding the foregoing, RECIPIENT may be authorized to receive an allocation of bond proceeds for NUP activity, in an amount not to exceed the amount specified in the PROGRAM SUPPLEMENT, if RECIPIENT submits a certified bond certification questionnaire to the STATE, and both the STATE and the State Treasurer approve the private activities contained therein. (4) RECIPIENT shall not loan any portion of bond proceeds funding PROJECT to any private (including nonprofit) person or business. For this purpose, a "loan" includes any arrangement that is the economic equivalent of a loan, regardless of how it is named. (5) Delivery by STATE of any bond funds is contingent on the sale of bonds by the State Treasurer. STATE shall not be held liable for any resulting damage or penalty to RECIPIENT in the event bond sales are delayed, canceled, or downsized or other City Council 14 — 25 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 20 of 26 AGREEMENT funds are restricted, limited or otherwise conditioned by acts of Congress, the Internal Revenue Service, the United States Department of Transportation, the Legislature, or the CTC. (6) RECIPIENT shall, for the purposes of any State bond funded right of way acquisition which will become a permanent part of PROJECT (such acquisitions exclude temporary construction easements, property allocated to matching funds, and excess property purchased with State funds whose resale proceeds are returned or credited to STATE), maintain ownership of such PROJECT property for a minimum of twenty years or until the bonds have matured, whichever occurs first, before transferring or selling such property (subject to all refunds or Credits due STATE as provided hereinabove). (7) Where RECIPIENT's PROJECT includes a commuter rail PROJECT within the meaning of Proposition 116, RECIPIENT shall coordinate and share with other public transit operators any rail rights -of -way, common maintenance services and station facilities used for intercity and commuter rail. Intercity and commuter rail services shall be coordinated with each other, with other providers and with freight traffic to provide integrated rail passenger and freight services with minimal conflict. (8) RECIPIENT agrees that all passenger vehicles, rail, and water borne ferry equipment, and all facilities acquired or constructed with Proposition 116 bond funds shall be accessible to persons with physical disabilities, including wheelchair users, at all stops, stations and terminals, whether or not staffed. (9) NUP shall, for accounting and bookkeeping purposes, first be allocated to funding sources other than the State bond funds. For purposes of making such allocations, the costs attributable to NUP involving a sale, easement, lease or similar arrangement shall be determined on the basis of a fair allocation of value, which may include determinations based upon square meters/feet of the area encumbered by the NUP lease or easement relative to the total area acquired or constructed if all such area is of approximately equal value. (10) NUP will include, but is not limited to, property which is sold (including sales of air and subsurface rights), and property subject to easements, leases or similar rights. A rail right of way will not be treated as NUP solely as a result of a Freight Use Easement retained by the seller of the right of way to RECIPIENT, provided that the sales agreement appropriately excludes the Freight Use Easement from the property or rights being acquired. Further, notwithstanding anything in this Article III to the contrary, RECIPIENT may allocate grant funds to the cost of any NUP if (a) neither RECIPIENT nor any other governmental entity will receive, directly or indirectly, any payments from or on behalf of the non -governmental user of the NUP, or (b) the payment from such user does not exceed the operation and maintenance costs fairly attributable or allocable to the non -governmental use of the NUP. (11) RECIPIENT shall request, in writing, STATE's advance approval if PROJECT funds are to be allocated to any NUP except "incidental use" property described below. If City Council 14 — 26 2/1/2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 21 of 26 property, the costs of which have previously been allocated to PROJECT funds, is to become NUP before the State bond funds are fully paid or redeemed, then RECIPIENT may allocate the costs of such property to another funding source as provided or obtain STATE's approval that the allocation of the costs of such property to the bond funds may remain. It is anticipated that STATE's approval will be granted if, taking into account the existing and expected uses of the proceeds of the State bonds, STATE determines that the continued tax-exempt status of the State bonds will not be adversely affected and that the use of the property is consistent with PROJECT and its described purpose. (12) For purposes of these fund source allocations, RECIPIENT does not have to consider NUP as including those "incidental uses" of PROJECT (for example, advertising billboards, vending machines, telephones, etc.) which meet the applicable requirements of federal tax regulations (IRS Notice 87-69 or any successor thereto). In general, such Notice requires that the incidental use not be physically separated from the rest of PROJECT and not comprise, in the aggregate, more than 2-1/2% of the total costs of PROJECT. Section 2. TCRP PROJECTS The TRAFFIC CONGESTION RELIEF (TCR) ACT OF 2000 (the "ACT"), was added (in Chapter 4.5, commencing with section 14556) to part 5.3 of Division 3 of Title 2 of the Government Code by AB 2928 and SB 406, as amended by SB 1662 and AB 1705. As directed by the ACT and the CTC established Guidelines (as set out in CTC Resolution G-06-04), and as those Guidelines may be amended prior to the execution of a future PROGRAM SUPPLEMENT, said Guidelines shall apply to each TCRP funded PROJECT. By this reference, those Guidelines are made an express part of this AGREEMENT and shall apply to each TCRP funded PROJECT. RECIPIENT will cause its specific TCRP mandated Resolution to be attached as part of any TCRP funded PROGRAM SUPPLEMENT as a condition precedent to the acceptance of TCR ACT funds for that PROJECT. Section 3. PROJECT MANAGEMENT (1) STATE's PROJECT administrator for this AGREEMENT shall be the chief of the State Transit Grants Branch of the Division of Rail and Mass Transportation. RECIPIENT's General Manager, Executive Director or a Designee as named in writing to STATE following execution of this AGREEMENT shall be the administrator acting for RECIPIENT. (2) PROGRAM SUPPLEMENT administrators for STATE shall be the applicable District Division Chief for Planning and for RECIPIENT, the designee named in the applicable PROGRAM SUPPLEMENT. City Council 14 — 27 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 22 of 26 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF RAIL AND MASS TRANSPORTATION BY: KYLE GRADINGER, Chief Division of Rail and Mass Transportation APPROVED AS TO FORM AND PROCEDURE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY: Attorney, California Department of Transportation RECIPIENT NAME: CITY OF SANTA ANA BY: Kristine Ridge City Manager AMOV® AS TO FORM J M. Punk, Assistant City Aumney City Council 14 — 28 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 23 of 26 ATTACHMENT CTC RESOLUTION G-91-2 Passed by the CTC on February 21, 1991 CALIFORNIA TRANSPORTATION COMMISSION RESOLUTION G-91-2 Commission Policy Resolution for Hazardous Waste Identification and Cleanup for Rail Right -of -Way WHEREAS, the Commission has programmed funding for rail right-of-way acquisition in the 1990 State Transportation Improvement Program and may allocate funds for rail right-of-way acquisition from the Clean Air and Transportation Improvement Act; and WHEREAS, hazardous wastes, based upon federal and state statutes and regulations, include but are not limited to such categories as heavy metals, (e.g., lead), inorganic (e.g., excessive mineral levels) and organic compounds (e.g., petroleum products), and can occur on a property's surface and subsurface; and WHEREAS, rail properties often have hazardous wastes exceeding State of California and federal hazardous waste standards; and WHEREAS, such properties contaminated with hazardous wastes require mitigation prior to using them for rail purposes; and WHEREAS, hazardous wastes discovered on rail property may significantly impact property value, project scheduling and future liability for the grant applicant; and WHEREAS, the Commission must be assured that acquisition of rail properties have been fully reviewed by the grant applicant, and if warranted, the grant applicant has tested for hazardous wastes; and WHEREAS, if hazardous wastes exist, the Commission must be assured that the hazardous wastes identified has either been cleaned up, or financial responsibility for the cleanup has been determined prior to title transfer to the grant applicant, or easement has been secured in lieu of purchasing the property, and the subsurface rights and liability for hazardous wastes remain with the property seller; and WHEREAS, hazardous wastes identified subsequent to title transfer to the grant applicant will be cleaned up by the seller or a mechanism to recover clean -up -costs is established and executed as a condition prior to title transfer; and WHEREAS, full due diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant; and NOW THEREFORE BE IT RESOLVED, that acquisition of all rail right-of-way properties will be fully investigated by the grant applicant to determine the absence/presence of hazardous wastes. Investigations shall be conducted in accordance to the standards and practices of the local, state and/or federal regulatory agencies having jurisdiction and by personnel adequately trained in hazardous waste investigation; and City Council 14 — 29 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 24 of 26 -2- BE IT FURTHER RESOLVED, that all properties, discovered with hazardous wastes, which exceed the federal/state standards, will be cleaned up to the satisfaction of the responsible local, state and/or federal regulatory agency. The appropriate regulatory agency shall certify to grant applicant that the cleanup has been completed; and BE IT FURTHER RESOLVED, that the grant applicant will certify by formal resolution to the Commission that all reasonable steps have been completed to assure full due diligence in the discovery of hazardous waste has been achieved during the acquisition of rail right-of-way and the state is held harmless from cleanup liability or damages, both present and future; and BE IT FURTHER RESOLVED, that the grant applicant will certify by formal resolution that it will not seek further state funding, for cleanup, damages, or liability cost associated with hazardous wastes on or below acquired property's surface; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission: • that all rail right-of-way acquisition properties have been investigated and have been found clean; • or that the cleanup of discovered hazardous waste has been completed prior to acquisition of the property; • or that the grant applicant has obtained permanent easement and the subsurface rights and liability and full responsibility to pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal law; • or if hazardous wastes are known to exist prior to acquisition and if the applicant determines that time is of the essence for acquisition, then and in that event, an enforceable agreement will be entered into requiring the responsible party(ies) to clean all hazardous wastes by a date certain, with the option of funds sufficient for the clean-up costs deposited in escrow by the seller. In the event of failure to clean up by the date determined, the recipient of the grant will make full restitution to the STATE for its participation. This resolve does not preclude the recipient from requesting re -allocation not to exceed the refunded amount after the hazardous waste(s) have been fully removed from the subject site; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission that the seller from whom properties have been acquired retain liability for any hazardous waste investigation and/or cleanup, and damages discovered subsequent to the transfer of title; and BE IT FURTHER RESOLVED, the Commission declares all future liability resulting from hazardous wastes remain with the seller or the grant applicant, not the state, and the grant applicant has been indemnified by the seller for any costs resulting from failure to eliminate hazardous wastes; and BE IT FURTHER RESOLVED, no state funds will be made available for any future costs associated with cleanup; damages, or liability costs associated with hazardous wastes on or below the acquired property's surface. City Council 14 — 30 2/1 /2022 Revised December 23,2020 City of Santa Ana Master Agreement No. 64AO274 Page 25 of 26 ATTACHMENT II (INSERT AGENCY BOARD RESOLUTION) City Council 14 — 31 2/1 /2022 Revised December 23,2020 EXHIBIT 2 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENTS FOR STATE -FUNDED TRANSIT PROJECTS WHEREAS, the City of Santa Ana may receive state funding from the California Department of Transportation ("Department") now or sometime in the future for transit projects; and WHEREAS, substantial revisions were made to the programming and funding process for the transportation projects programmed in the State Transportation Improvement Program by Chapter 622 (SB 45) of the Statutes of 1997; and WHEREAS, the statutes related to state -funded transit projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and WHEREAS, the Department utilizes Master Agreements for State -Funded Transit Projects, along with associated Program Supplements, for the purpose of administering and reimbursing state transit funds to local agencies; and WHEREAS, the City wishes to delegate authorization to execute the Program Supplements and any amendments thereto to the Executive Director of Public Works, or his or her designee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Executive Director of Public Works, or his or her designee, is hereby authorized to execute all Program Supplements for State -Funded Transit Projects, and any Amendments thereto, with the California Department of Transportation. Section 2. The City of Santa Ana agrees to comply with all conditions and requirements set forth in these agreements and applicable statutes, regulations and guidelines for all state -funded transit projects. 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 , 2022. Vicente Sarmiento Mayor Resolution No. 2022-XXX City Council 14 — 32 2/1VNTT of 2 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. 2022-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. 2022-XXX City Council 14 — 33 2/`IVNT� of 2 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Centennial Park Land Conversion AGENDA TITLE: Accept a Quitclaim Deed of an "L" shape parcel at Centennial Park, Deed of Release of 2.42 acres at Centennial Park, and Declaration of Restrictions on three Park sites to complete the Land Conversion Process RECOMMENDED ACTION 1. Acknowledge the City Manager's acceptance of a Quitclaim Deed on Parcel D at Centennial Park from the Federal Government pursuant to her authority under Santa Ana Municipal Code Section 33-55. 2. Adopt a resolution Accepting a Deed of Release on 2.42 acres at Centennial Park removing the public park and recreational deed condition to be transferred over to the replacement properties. 3. Adopt a resolution approving a Declaration of Restriction on Pacific Electric site. 4. Adopt a resolution approving a Declaration of Restriction on 6th and Lacy site. 5. Adopt a resolution approving a Declaration of Restriction on Raitt and Myrtle site. All recommended actions are subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 30, 1977, the City obtained several surplus parcels of property known as Centennial Park from the Federal Government at no cost, upon the express condition that the use of the property be exclusively for public park and recreation purposes in perpetuity. Subsequent to the conveyance of land, the Federal Government allowed construction of a community college on a portion of the property (2.42 acres) under the condition the college provided recreational programs as part of their curriculum. On November 5, 1979, the City Council approved a 30-year License Agreement with Rancho Santiago Community College District (College) to construct and operate an Adult Career Education Center (Center) at Centennial Park, under the condition the College abide to Deed Restrictions required by the Federal Government. Between 2009 and 2011, the College requested a long-term license agreement to make improvements to the campus. However, the National Park Service (NPS) would not approve a long-term City Council 15 — 1 2/1/2022 Centennial Park Land Conversion February 1, 2022 Page 2 license agreement because they found that the operation of the Center did not comply with the deed restrictions for the land upon which the College is located in Centennial Park. In order for the City to enter into a long-term license agreement with the College, NPS must approve a land conversion. The land conversion includes a requirement of the City to transfer the deed conditions (property to be used for recreational or public parks purposes only) for the land where the Center is located to new parks sites of equal recreation value and size. The three replacement properties selected for the land conversion are located at Raitt-Myrtle Street Park (1.09 acres), 6th and Lacy Street Park (0.42 acres), and Pacific Electric Park (1.25 acres). Collectively these replacement properties would impose a condition of exclusive use for public park and recreation purposes, as required pursuant to the Act. The original 30-year agreement with the College was set to expire on November 5, 2009 and the parties, under the same conditions, agreed upon a 5-year extension of the license in 2009 and again in 2014. On February 28, 2019, the NPS allowed the City to extend the license agreement between the City and College for up to two years. On March 5, 2019, the City Council approved a two-year license agreement extension with the College expiring November 5, 2021. On October 15, 2019, the City approved a ground lease agreement with the College for a period of 85 years from October 16, 2019 to October 15, 2104, conditioned upon the NPS approval of the land conversion related to the deed restrictions on the property. Over that past two years, the COVID-19 pandemic and missing L shape parcel continued to stall the land conversion. During the process of the working on the Deed of Release and the Declaration of Restrictions for the exchange, the City could not find the deed/parcel area that runs between the college parcel and park site. This reverse L shape parcel, is between three Quit Claim Deeds and is 21.05 ft. wide running north/south and 52 ft. wide running east/west was mistakenly not transferred over to the City in the original conveyances. The City's efforts to process this land conversion with the NPS has lasted an unbelievable 13 years. Due to help from outside consultants, Congressman Lou Correa, Chancellor Martinez, and assistance from the Department of Interior, the land conversion is moving forward. City staff is requesting City Council approval of the following to conclude the land conversion process: 1) Acknowledge the City Manager's acceptance of Quit Claim Deed (pursuant to her authority under SAMC Section 33-55) for the missing L shape parcel located in the middle that was mistakenly not transferred over to the City in the original conveyances (Exhibit 1). 2) Adopt a resolution accepting the Deed of Release (Exhibit 2) removing the recreational deed condition from the 2.42-acre parcel at Centennial Park. City Council 15-2 2/1/2022 Centennial Park Land Conversion February 1, 2022 Page 3 3) Adopt a resolution accepting the Declarations of Restriction (Exhibits 3, 4.and 5) transferring over the deed condition of park and recreational purposes in perpetuity over to the Pacific Electric site, 6th and Lacy site, and Raitt & Myrtle site. Once the City Council approves the above actions, City staff will return the documents to NPS for their signatures and notarization. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact on this action. EXHIBIT(S) 1. Quitclaim Deed on Parcel D at Centennial Park. 2. Resolution Accepting Deed of Release 3. Resolution Approving Declaration of Restriction for Pacific Electric Park Site 4. Resolution Approving Declaration of Restriction for 6th and Lacy Park Site 5. Resolution Approving Declaration of Restriction for Raitt and Myrtle Park Site Submitted By: Lisa Rudloff, Executive Director Parks, Recreation, Community Services Agency Approved By: Kristine Ridge, City Manager City Council 15 — 3 2/1/2022 Exhibit 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Quitclaim Deed dated December 22 2021, from the United States of America, acting by and through the Secretary of the Interior, acting by and through the Director, National Park Service, to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281, and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: Date City Manager City Council 15 — 4 2/1/2022 Recording requested by: When recorded mail to: Centennial Park — GSA N2 9-Z-CA598-D Portion, Former F.C.C. Monitoring Station Santa Ana, California SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Director, National Park Service, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, 40 U.S.C. §550(e), and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes, by the City of Santa Ana (hereinafter designated "Grantee"), does hereby release and quitclaim to Grantee, and to its successors and assigns, all Grantor's right, title and interest, subject to the reservations, warranties, covenants, conditions, and restrictions declared herein, "as is, where is" in and to a tract of land situated in the City of Santa Ana, County of Orange, State of California, being a portion of Section 22, Township 5 South, Range 10 West, San Bernardino, Base and Meridian, in Rancho las Bolsas, as per map recorded in Book 51, page 12 of Miscellaneous Maps, filed in the Office of the County Recorder of said County, described as follows and illustrated in Exhibit A attached: Bounded on the Westerly line by the Easterly line of a deed filed in Deed Book 9037, pages 694 through 698, records of said County; Bounded on the Easterly line by the Westerly line of a deed described in Deed Book 12326, pages 1194 through 1199, records of said County and shown on a map filed in Book 85, page 28 of Record of Surveys, records of said County; Bounded on the Most Easterly line by the Easterly line of that certain course shown as" N 17' 23' 49" E, 2478.70' on a map filed in Book 98, pages 10 and 11 of Record of Surveys, records of said County; Bounded on the Southerly line by the Northerly line of a deed described in Deed Book 8384, pages 210 through 215, records of said County; Bounded on the Northerly line by the Southerly line of a deed filed in Book 12326, pages 1194 through 1199, records of said County and shown on a map filed in Book 85, page 28 of Record of Surveys, records of said County; City Council 15 — 5 2/1/2022 Centennial Park — GSA Ns 9-Z-CA598-D Page I of 9 Bounded on the Most Northerly line by the Northerly line of that certain course shown as "N 89' 33' 47" W, 1142.44' on a map filed in Book 98, pages 10 and 11 of Records of Survey, records of said County. Containing 1.43 acres more or less. Whereas recently a gap was discovered between legal descriptions of parcels previously conveyed to the City of Santa Ana, and whereas the existence of the gap has been determined to be unintentional, GSA has concluded that this gap, now labeled parcel "D" (as illustrated on attached Exhibit B), was created in error as the former F.C.C. Monitoring Station was subdivided and disposed of over time. The area covered by this parcel was assumed to have been included in the conveyance of 9-Z-Calif-598C. This conveyance is made as a corrective action and continuation of the disposal of 9-Z-Calif-598C that occurred on June 30, 1977. The conveyance of the hereinbefore described Property is made subject to any and all existing covenants, reservations, easements, restrictions, conditions, encumbrances, clauses, permits, servitudes, rights -of -way and the like which may affect any portion of the Property interest(s) hereinabove described whether or not of record including but not limited to (i) easements and rights -of -way for streets, roads, highways, public utilities, electric power lines, electric transmission facilities, telecommunication lines and equipment, railroads, pipelines, drainage, sewer lines, water mains, conduits, flumes, ditches, canals on, over and across said land; (ii) all existing interest(s) reserved to or outstanding in third parties in and to water rights, ditch and reservoir rights, oil, gas, and/or minerals; (iii) all other existing interests reserved by any grantor(s) in the chain of title unto said grantor(s), their respective heirs, successors and assigns; (iv) any survey discrepancies, conflicts, or shortages in area of boundary lines, or any encroachments, or protrusions, or any overlapping of improvements; (v) existing ordinances or resolutions, special purpose district rules and regulations, including but not limited to soil conservation district rules and regulations and water conservancy district rules and regulations; (vi) any unpaid taxes; and (vii) any facts which a proper inspection or accurate survey of the Property might disclose. All rights and interests previously reserved to the United States of America by patents which cover this Property are expressly reserved and excepted from this conveyance. The Grantee by its acceptance of this deed does acknowledge its understanding of the agreement, and does covenant and agree for itself, its heirs, successors and assigns, forever, as follows: 1. This property shall be used and maintained exclusively for the public park and public recreational purposes for which it was conveyed in perpetuity as set forth in the Program of Utilization and plan contained in an application submitted by the Grantee dated November 19, 1975 and any amendments thereto, which program and plan may be amended from time to time as provided below. 2. The Program of Utilization may be amended only for the continued use of the property for public park or recreational purposes at the request of either the Grantee or the National Park Service with the written concurrence of the other party. Such amendments will be added to and become a part of the original application and of this Quitclaim Deed and shall be consistent with purposes for which the property was originally transferred. The Grantee shall furnish any documentation, maps, photographs, studies, and other information to support the request as requested by the National Park Service to evaluate any proposed use or development of the property. 3. The property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. Any mortgage, lien, City Council 15 — 6 2/1/2022 Centennial Park — GSA Ns 9-Z-CA598-D Page 2 of 9 or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute an impermissible disposal. However this provision shall not preclude the Grantee, its heirs, successors and assigns from issuing revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property. Furthermore, this provision shall not preclude the Grantee from providing related recreation facilities and services compatible with the approved application through concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in vomiting from the National Park Service. 4. This property is subject to, and has been included in, the original biennial reporting requirement for the original conveyance of Z-Calif-598C. Reports setting forth the use made of the property and other pertinent data establishing its continuous use for the purposes set forth above may be required as further determined by the National Park Set -vice 5. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its heirs, successors and assigns, that: (1) any use, operation, program or activity on or related to the property conveyed by this Deed will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as may be amended from time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Federal Property Management Regulations at 41 CFR § 101-6.201 et seq., (c) Title VI of the Civil Rights Act of 1964 (42 USC §2000d-1 et. seq.), (d) Title III of the Age Discrimination Act of 1975 as amended (42 USC §6101 et seq.), (e) Section 504 of the Rehabilitation Act of 1973 as amended (29 USC §794), (f) the Architectural Barriers Act of 1968 as amended (82 Stat. 718), (g) The Americans with Disabilities Act of 1990 (104 Stat. 337), and (h) Executive Order 13672 which prohibits discrimination on the basis of sex, sexual orientation, gender identity, or national origin; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantee, its heirs, successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantee, its heirs, successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its heirs, successors or assigns, is authorized to provide services or benefits on or in connection with the property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its heirs, successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its heirs, successors and assigns; (7) the United States shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed; and (8) the Grantor expressly reserves a right of access to, and entrance upon, the above described property in order to determine compliance with the terms of this conveyance. i. The Grantee, its heirs, successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantor, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantee's failure to comply with the terms of this deed or from the use or occupancy of the property by the Grantee, its heirs, successors, assigns, transferees, or agents. City Council 15 — 7 2/1/2022 Centennial Park — GSA Ns 9-Z-CA598-D Page 3 of 9 7. SAVE AND EXCEPT, and there is hereby reserved unto the UNITED STATES OF AMERICA, and its assigns, all oil, gas and other minerals lying upon the surface or at any depth of the above described Property, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating, and developing said land for oil, gas and other minerals and removing the same therefrom. 8. SAVE AND EXCEPT, and there is hereby reserved unto the UNITED STATES OF AMERICA, and its assigns, all rights and interests which have been previously reserved to the United States of America in any Patent(s) which cover(s) the property. 9. The Property is conveyed "AS IS" and "WHERE IS" without any representation or warranty on the part of the Grantor to make any alterations, repairs, or additions. Grantee, for itself and its successors and assigns, further acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor has Grantor made any other agreement to promise to alter, improve, adapt or repair the Property not otherwise contained herein. 10. In the event that there is a breach by the Grantee, its heirs, successors or assigns, of any of the covenants, conditions or restrictions set forth herein, whether caused by the legal or other inability of the Grantee, its heirs, successors or assigns, to perform said covenants, conditions or restrictions, the Grantor will give written notice, with a reasonable time stated therein, for the elimination, rectification or cure of said breach. Upon failure to eliminate, rectify or cure said breach within the time set forth in the notice, all right, title, and interest in and to said premises shall, at the Grantor's option, revert to and become the property of the Grantor. In addition to all other remedies for such breach, the Grantee, its heirs, successors and assigns, at the Grantor's option, shall forfeit all right, title, and interest in any and all of the tenements, hereditaments, and appurtenances thereunto belonging. 11. The failure of the Grantor to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but obligation of the Grantee, its heirs, successors and assigns, with respect to such future performance shall continue in full force and effect. 12. The National Park Service and any representative it may so delegate shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purposes of evaluating the Grantee's compliance with the terms and conditions of the conveyance. 13. The Grantee, by its acceptance of this deed, covenants and agrees for itself, its heirs, successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations 41 CFR 102-75.690 as such may be amended. The Grantee further agrees to complete and submit to the Grantor an environmental assessment of the property that sufficiently documents and evaluates its condition in regard to the release of hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 USC §9620(h)). 14. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the land in accordance with all applicable law and shall burden and run with the property conveyed by this deed and every part thereof or interest therein, and shall be binding on Grantee, its heirs, successors, City Council 15 — 8 2/1/2022 Centennial Park — GSA Ne 9-Z-CA598-D Page 4 of 9 assigns, and every successor in interest to all or any pail of the property, and shall benefit Grantor and Grantor's heirs, successors and assigns. -------------------------------- Remainder of Page Intentionally Left Blank ------------------------------------- City Council 15 — 9 2/1/2022 Centennial Park — GSA Ns 9-Z-CA598-D Page 5 of 9 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and on its behalf on this the ' - day of �,, , 202-i. UNITED STATES OF AMERICA Acting by a through the Secretary of the Interior r By Cindy Orlando Acting Regional Director National Park Service, Interior Regions 8, 9, 10, and 12 State of Hawai'i ) ) ss. County of Hawai'i ) On this '-2 day of � � -- Acknowledgement 20 21 , before me personally appeared QAnc!�A , to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Description of Document: a -� e_�cii Date of Document: 17.22.2-0z-1 No. of Pages: 11 Signature o otaiy Public Printed Name of Notary Public Commission Expiration Date: 1 2-Q�-3 1%11111ot/ C,\ELEA0 �� ,,11 (`CC..P dYARY PUBLIC Comm. No. 19-335 \� OF City Council 15 — 10 2/1/2022 Centennial Park — GSA Ns 9-Z-CA598-D Page 6 of 9 The foregoing conveyance is hereby accepted, and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Santa Ana I2 Date ACKNOWLEDGEMENT 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, accuracv. or validitv of that document. State of California ) ss. County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) City Council Centennial Park — GSA Ns 9-Z-CA598-D 15 — 11 2/1 /2022 Page 7 of 9 EXHIBIT A SKETCH TO AGGOMPANY LEGAL. IXSCR I PT ION W*T POLY LINE OF PARCEL C-Le EDINGER STREET N'80'50 10` E. PER R1 N A 66 � •Q i W Z BPE*50R 030AND.R461.14' N'0B•50�R'pE. T61.19' QG BOA. 0 Off' 0 RE OF PARCEL RFF RFNf! � Rt a OEEO BOOK 903T. P0. $94. R OECD 80OOK'112326.PPC 1194. R+ . RSB 05/20 PARCEL AREA m CONTAIN$ 1:E3 ACRESiPORE:OR.LESS. City Council Centennial Park — GSA Ns 9-Z-CA598-D 15 — 12 2/1 /2022 Page 8 of 9 FA OADEE gg-5��y986MM.2 55 aQTAC O C I TY94 I N5T%YMINTTtl C191 IT �k41441 USq EXHIBIT B CENIERLINE£U[ry6R AVENUE. Ado". APPR 6A . cA-598>I THIS MAP IS FOR REFERENCE O1. NLY CA-5980 CC AA E p 9K� MkJ 'P0 tE94 fi USA 0 CITY ti y w v"i0.0 { 4 All CA•5.988.1 811SA80 COINE18 City Council 15 — 13 2/1/2022 Centennial Park — GSA Ns 9-Z-CA598-D Page 9 of 9 LR 2/1/22 Exhibit 2 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DEED OF RELEASE FOR THE PORTION OF CENTENNIAL PARK CALLED THE "EXCHANGE PROPERTY" WHEREAS, the City of Santa Ana was deeded land from the federal government which has been utilized for Centennial Park and that land had restrictions that the land could only be used for public recreation or public park purposes; and WHEREAS, the Rancho Santiago Community College District ("RSCCD") and the City have entered into a lease regarding a 2.42 acre portion of the land in Centennial Park upon which the RSCCD Education Center sits, contingent on National Park Service ("NPS") approval of a land exchange to remove the public recreation or public park restrictions from the portion of Centennial Park where the Education Center is located ("Exchange Property") and apply those restrictions to three new City parks (Raitt/Myrtle Park, 6th street and Lacy Street Park, and Pacific Electric Park) instead ("land exchange"); and WHEREAS, the NPS has agreed to the land exchange and now the City and NPS need to complete the paperwork to release the public recreation or public park purposes restrictions from the Exchange Property and apply the public recreation or public park purposes restrictions to the three Replacement Properties (Raitt/Myrtle Park, 6th Street and Lacy Street Park, and Pacific Electric Park). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows.. Section 1. This Resolution will hereby certify that the Deed of Release for the portion of Centennial Park designated as the Exchange Property conveyed by the Deed of Release dated February 1, 2022 or shortly thereafter between the City of Santa Ana, a municipal corporation as Grantee, and the United States of America, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of Interior, Grantor, is hereby accepted by order of the City Council of the City of Santa Ana, on February 1, 2022, pursuant to authority conferred by this Resolution of the City Council of the City of Santa Ana adopted on February 1, 2022, and the Grantee consents to recordation thereof by its duly authorized officer, the City Manager. Section 2. Attached as Exhibit 1" to this Resolution is a final draft of the Deed of Release from the NPS. Section 3. The City Council of the City of Santa Ana also hereby delegates to the City Manager the authority to sign any additional paperwork necessary to complete the Deed of Release for the Exchange Property. 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. City Council 15 — 14 Resort 022-XXX Nage 1 of 2 LR 2/1/22 Exhibit 2 ADOPTED this day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Chief Assistant City Attorney 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. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 15 — 15 Resort 022-XXX Nege2of2 Exhlblt Z Recording requested by: When recorded mail to: SPACE ABOVE THIS LINE FOR RECORDER'S USE Centennial Park, Santa Ana, California. Former F.C.C. Monitoring Station Santa Ana, Portion GSA No Z-Calif-598-B,C and D DEED OF RELEASE This Deed of Release (this "Release') is from THE UNITED STATES OF AMERICA, acting by and through the undersigned Regional Director, Pacific West Region, National Park Service, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act'), and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), to City of Santa Ana ('Grantee'), and its assigns. Recitals: A. Grantor conveyed to Grantee, pursuant to authority delegated by the Secretary of the U.S. Department of the Interior, and as authorized by the Act and regulations and orders promulgated thereunder, 83.62 acres of real property. more or less, located in Santa Ana, County of Orange, California (the "Park Property"), consisting of 21.65 acres as more fully described in the Quitclaim Deed dated June 30, 1977, and recorded in Official Records Book 12326, at Pages 1194 - 1199, together with a portion of land described in a deed dated Jame 1, 1969 for approximately 60.52 acres filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of laud described in a deed for 1.43 acres of real property, more or less, as more fully described in the Quitclaim Deed dated and recorded in Official Records Book . at Pages , filed as instrument number , Recorder's Office, Orange County, California (the "Quitclaim Deeds"). B. The Park Property was conveyed to Grantee upon the express condition that the Park Property was to be used exclusively for public park and recreational purposes and certain restrictions were expressly set forth as paragraphs 1 through 8 of the 1977 Quitclaim Deed and paragraphs 1 through 5 of the 1969 Quitclaim Deed and paragraphs 1 through 14 of the Quitclaim Deed (collectively, the "Restrictions'). C. Subsequent to the said conveyance of Park Property, Grantee allowed construction of a community college on a portion of the Park Property, consisting of a tract of approximately 2.42 acres, as more filly described on Schedule 1 attached hereto and made a part hereof (the "Exchange Property"), and seeks to obtain a release of the said condition that the Exchange Property was to be used exclusively for public park and recreation purposes, in exchange for which Grantee would acquire other real property, as more fully described in Schedule 2 attached hereto and made a part hereof., consisting of 3 properties known as Replacement Property 1) Raitt-Myrtle St Park, encompassing 1.09 acres more or less of real property and located at the intersection of Raitt and Myrtle Streets, Replacement Property 2) 6'h and Lacy St. Park, encompassing 0.42 acres more or less , and located at the corner of 61h Street and Lacey Street, and City Council 15 - 16 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 1 of 22 Deed of Release Exhibit 2 Replacement Property 3) the Pacific Electric Park site encompassing 1.25-acres more or less, and located at the northeast comer of the intersection of McFadden Avenue and Orange Avenue, (collectively the "Replacement Properties") and would impose a condition that the Replacement Properties be used exclusively for public park and recreation purposes, as required pursuant to the Act. D. Grantor and Grantee wish to make the Replacement Properties available to be used exclusively for public park and recreation puuposes. E. The Act authorizes the Secretary of the Interior to release the Exchange Property from the Restrictions if certain conditions are met, which authority has been redelegated to the Director of the National Park Service and the Regional Directors of the National Park Service. F. The General Services Administration has advised the National Park Service by letter dated July 12, 2021, that it concurs with releasing all Restrictions set forth in the Quitclaim Deeds placed upon the Exchange Property for public park and recreational puuposes. NOW, THEREFORE, the said Regional Director, acting on behalf of the United States of America, does hereby release the Exchange Property from all Restrictions placed upon it in the Quitclaim Deeds, including, without limitation, the requirement that the Exchange Property be used exclusively for public park and recreational purposes. This Release does not affect, and the Exchange Property remains subject to, all legal easements, leases, agreements, rights -of -way, and other restrictions. All Park Property conveyed in the original Quitclaim Deeds that is not included in the Exchange Property remains subject to the Restrictions in the Quitclaim Deeds, including but not limited to the requirement that it be used for public park and recreation area purposes in perpetuity. This Deed of Release does not convey any right of exclusive use of any areas, including but not limited to parking areas, outside the Exchange Property. In consideration of the release of the Exchange Property from the Restrictions, Grantee has on this same day entered into a Declaration of Restrictions for each of the three Replacement Properties with the United States of America, acting by and through the Secretary of the Interior, whereby Grantee will pledge certain rights and interests in the Replacement Properties to the United States of America, acting by and tluough the Secretary of the Interior. The form of the Declaration of Restrictions is attached as Schedule 3 to this Release. Remainder of page intentionally left blank City Council 15 — 17 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Page 2 of 22 Deed of Release Exhibit 2 IN WITNESS WHEREOF. the Grantor has caused this Deed or Release to be executed hi its name and on its behalf on this the day of , 2021. UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior By: Cindy Orlando Acting Regional Director National Park Service ACKNOWLEDGEMENT 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 ) ss. County of San Francisco ) On before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTENESS, my hand and official seal. SEAL: (Signature of Notary Public) City Council 15 — 18 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 3 of 22 Deed of Release Exhibit 2 The foregoing conveyance is hereby accepted, and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Santa Ana, California LOW Date ACKNOWLEDGEMENT 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 truthUness, accuracy, or validity of that document. State of California } } ss_ County of } On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the pefson(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VVTI'NESS, my hand and official seal_ SEAL: (Signature of Notary Public) City Council 15 — 19 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 4 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchange Pr•opertq 1n the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed filed as instnunent number records of said County, described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 98' 50' 00" East, 1020.05 feet, in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence. South 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° la' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88150' 00" East, 242.53 feet; Thence South 1° 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East, 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet: Thence South 1° 10' 00" East, 89.92 feet; Thence South 88' 50' 00" West, 96.56 feet; Thence South 1° 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West. 90.21 feet_ Thence South 581 11' 54" West, 84.07 feet; Thence South 88150' 00" West, 84.35 feet: Thence North 1 ° 1 0' 00" West, 13.76 feet; Thence South 88' 50' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet; Thence North V 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East._ 5.98 feet_ Thence North F 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North 11 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. City Council 15 — 20 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e � of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchanize Property Sketch 31V7S ON 0Uj HiaoH � 133�5 IL m II co �{ CE •6 3 „00 ,04 • L S 3 Ox .00 a�s8� p� a j o w 31 c d,j io a , m N F ml G �� N m le a rn m m (, to Li �O W w IX1 0L 'n • W o I a m 0 �W in J i Nj 3 .00 .OL,I 5 ftl "' Wz L V CV TC u W � Z Y I M 4 # O of om . ors O ,n W W zo to LO W 4 9z"EL R do IN v oo = N+ • 1 ►Lai to O—O Q � N ,ol•L V' rz Jo Liu m+ II Y qb Z! 19\ a o O m HNN W +O t 0 Iti aMa x , a 004 Z — -d I'r' o aiE] 288d' ?0 m �Y3aV O3UL113O3tfHf1 cU V+ I 3 .00 L . 4 S v vx i ti s`8 f `" i£L z <" o ' !� S I zs-n9 A„OD N vJ y W ,04.4 .�'I AV ,DO .OL.L H X s w3 1 t9 : 40 of 3� in_ - • ,nu - °° ! rl' f I Wcz, ze �u 3A1 aO ]IA1 C,DH OD _ 2 Y LOU IC�I ,58'i� LJ Ak „00 01.L H City Council 15 — 21 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e C of 22 Deed of Release Exhibit 2 SCHEDLZE 2 Replacement Properties Replacement Property 1- Raitt-Myrtle Site All that certain real property situated in the County of Orange, State of California, described as follows: I�lty��il#�l ��F[�I�rd�xl��iFa BEGINNING AT A POINT 1232 FEET SOUTH OF A POINT IN THE CENTER OF FIRST STREET, WHICH IS 1942 FEET WESTERLY FROM THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; RUNNING THENCE WESTERLY PARALLEL WITH THE CENTER LINE OF FIRST STREET. 443.4 FEET TO THE EASTERLY LINE OF ARTESIA STREET; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ARTESIA STREET 44 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO PAUL W. LADIGES AND WIFE, BY DEED DATED DECEMBER 18, 1922 AND RECORDED IN BOOK 451 PAGE 70 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LADIGES, 443.4 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING. PARCEL 2: APN: 007-273-14 BEGINNING AT A POINT IN THE CENTER OF FIRST STREET, 1942 FEET WEST OF THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B. AND M., AND RUNNING THENCE SOUTH 1320 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 1 OF THE SEPULVEDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE WEST ALONG SAID SOUTH LINE 443.4 FEET, MORE OR LESS, TO THE EAST LINE OF ARTESIS STREET; THENCE NORTH ALONG SAID EAST LINES 1320 FEET, MORE OR LESS, TO THE CENTER LINE OF WEST FIRST STREET, AND THENCE EAST 443.4 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 1232 FEET THEREOF. City Council 15 — 22 2/1/2022 Centennial Park / GSA No Z-Calif-598B.C&D Page 7 of 22 Deed of Release Exhibit 2 -�� a LJ e N a � FF �i 1"01 rr "✓ � Q Q V Li LJ V hM oo a 0Z)0(Dno a ea ~x' ,� i rn a a I3ms M rWrau s n Q Q oa t.3 ASAW ( M M�� K b Ths mapiplat Is being Turnirhed as an aid In kcabng the hareln described Land n relarlcn to ad;uining sULwta, natural bounda.nea andr usher land, and m rwt a sunny of the land depicted. Except m the extent a poficy at title nsurancs is expressly mad fled b7 end arsement, a any- M@aO npzny does nat Insure drneraonn, r stanras, racatlan of easernents, acreage aromer matters sna4entheracn- Order M12345 Doc:7-37 MAP ASSE•S=R Pago 1 of 1 Requested By, K"A McGhee , Prlr,ted. 41271= 1:41 PM City Council 15 — 23 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Page 8 of 22 Deed of Release Exhibit 2 Replacement Property 2 - 6`h/Lac` Park Site [from title report] The land referred to herein is situated in the State of California, County of Orange, described as follows: LOT 8, BLOCK 10, FRUIT ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 34, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-03 LOT 7 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANTA ANA", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, ST A TE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 398-334-04 LOT 6 IN BLOCK 10 ❑F "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 34 ❑F MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-05 City Council 15 — 24 2/1/2022 Centennial Park / GSA No Z-Calif-598B.C&D Page 9 of 22 Deed of Release Exhibit 2 K5I L r 13�JS 3 rrs7aMu7 n73b1,VbJ � 1 i I I til � I —31��eres .rate L�ei� m IffIK 4 � J33drL5 S MR � � q � $w zn� .d 11 Y M Q- ' i I,2rrls w7 � 4J 0 sa. 0� O 'o � � _ E 4 A A. srr dy.Umv i ary � o $ I��r?S FI�DN.lSYtlV 1 1 Z� to It Th le m plMal in bcing furnished man axd in kKMrkg the herein clescrlbed Land kn relatlon to adjolning streets, natural boLawh ies and dhe land, and is nat a survey ar 1ho land depic6cd. Erupl lv iha o�crta policy vF titlo insiranco is e7ip�eo3ty meaifie:d by or-Awwwrw; iany. the Company does nor Inst re di12hSlans, dL'1wwg, location of easements, acreage Or other Matters Sram trarmn. Omer: 02012344 Doc: 39833 MAP ASSESSOR Page 1 d 1 Fequested By: KeNn McGhee , Printnet 412V2=2W FU City Council 15 — 25 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 10 of 22 Deed of Release Exhibit 2 Replacement Property 3 - McFadden-Oi•aneef Electric Park Site All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: ASSESSOR'S PARCEL NUMBER: 011-065-20 LOTS 10 AND 11 IN BLOCK "B" OF TRACT NO. 227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. J-1Z181=1 *XYs]:i6yLT,l:l9J:11gr•101LT11-1:109111ElIS&A LOT 12, BLOCK "B" OF TRACT NO. 227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: ASSESSOR'S PARCEL NUMBER: 011-065-22 THE WEST 50 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF LOT 2 OF THE MC FADDEN-WILSON TRACT, AS PER MAP THEREOF RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE STRIP OF LAND CONVEYED TO H.E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, AND RUNNING THENCE NORTH 175 FEET; THENCE WEST 260 FEET; THENCE SOUTH 175 FEET; THENCE EAST 260 FEET TO THE POINT OF BEGINNING. J-1*14M■ IFTAVXy 2210914 N 0 L91 iri 1 :1401111111113&W THE EAST 80.00 FEET OF THE WEST 130.00 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 2, AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE STRIP OF LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 175.00 FEET; THENCE WEST 260.00 FEET; THENCE SOUTH 175.00 FEET; THENCE EAST 260.00 FEET TO THE POINT OF BEGINNING. 12-1*]4M�I_��y �Y�]: y��1:Ty�l!�L�Jail:J�:i[�]ifiQ�I:t• � THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN CN A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 2, AT A POINT 80.00 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF THAT CERTAIN STRIP OF LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND City Council 15 — 26 2/1/2022 Centennial Park / GSA No Z-Calif-598B.C&D Page 11 of 22 Deed of Release Exhibit 2 CONVEYED BY R. E. JOYCE AND WIFE TO ROBERT R. CALENDAR AND WIFE, BY DEED RECORDED IN BOOK 432, PAGE 67 OF SAID DEEDS; THENCE NORTH ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 175.00 FEET TO THE NORTHWEST CORNER THEREOF, WHICH POINT IS IN THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY DORSEY A. HARWOOD AND WIFE TO B. L. CLAPP AND WIFE, BY DEED RECORDED IN BOOK 372, PAGE 16 OF SAID DEEDS; THENCE WEST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF THE AFOREMENTIONED PARCEL CONVEYED TO CALENDAR, A DISTANCE OF 175.00 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 2 WHICH IS 50.00 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. PARCEL F: ASSESSOR'S PARCEL NUMBER: 011-065-19 THAT PORTION OF LOT 2 OF THE MC FADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 2 AT THE POINT OF INTERSECTION OF THE WEST LINE OF A STRIP OF LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED SEPTEMBER 21, 1908 IN BOOK 159, PAGE 219 OF DEEDS; THENCE NORTH 175 FEET; THENCE WEST 80 FEET; THENCE SOUTH 175 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 11, 2000 AS INSTRUMENT NO. 20000421957 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. City Council 15 — 27 2/1/2022 Centennial Park / GSA No Z-Calif-598B.C&D Page 12 of 22 Deed of Release Exhibit 2 QD zo ---------------------- ^I Y ;z— 13361157 �0 L''�J Q R q�I(Di � J' �yq 1 ��y T 39NVdtl g n a J It7 o o.00000 4-� �R � �J QrQ= a Div a s (9) tD � .:r•w 1 � ns ���'�'�a 31TN3Ap 553eYdi� " G. 3AV SMdA.7N 9 ff I • * .•,.,_, 1 e ,v .. I I �g �I ,; V tier � _ �u r� q CU i ai4Yy� ��ry� zj ca `o `a 4 a rs ~I�.x 2j WQaaQ9 § 133�I1 S • nl1 vw � --f i a V L-i10 City Council 15 — 28 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 13 of 22 Deed of Release Exhibit 2 SCHEDULE 3 Form of the Declaration of Restrictions GSA N2 Z-Calif-598B,C&D This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation ("Grantor"), and the UNITED STATES OF AN ERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior ("Grantee"), pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act"), and regulations and orders promulgated thereunder. Recitals: A. Grantor is the owner of [acres] of real property known as the [site name] and located at [location], within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property [9]"). For convenience, Replacement Property [9] shall be referred to in the remainder of this document as the "Replacement Property." B. This Declaration of Restrictions is made in consideration of the Deed of Release dated of even date herewith between Grantee and Grantor relative to 2.42-acres of real property, more or less, located at Centennial Park, and more fully described on Schedule 1. C. Grantor has agreed to impose on the Replacement Property, for the benefit of Grantee and its successors and assigns, restrictive covenants to ensure that the Replacement Property will be permanently used solely for park and recreational purposes. Amreement: NOW THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to -wit: 1. The Replacement Property shall be used and maintained exclusively for public park and recreational purposes in perpetuity as set forth in the program of utilization and plan contained in Grantor's Environmental Assessment, Project Description (EA § 1.2.3), dated January 2020, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application (the "Program of Utilization"). 2. The Grantor shall, within 6 months of the date of this Declaration of Restrictions, erect and maintain a permanent sign or marker near the point of principal access to the Replacement Property indicating that the Replacement Property is a park or recreation area and has been acquired in substitution for property acquired from the Federal Government through the City Council 15 — 29 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Pao_ e 14 of 22 Deed of Release Exhibit 2 Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the Replacement Property for public park or public recreational purposes subject to the same terms and conditions in this Declaration of Restrictions. Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal. However, this provision shall not preclude the Grantor, its successors and assigns from issuing revenue or other bonds related to the use of the Replacement Property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the Replacement Property. Furthermore, this provision shall not preclude the Grantor from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. Funds generated on the Replacement Property may not be expended for non -recreational purposes. Until the Replacement Property has been fully developed in accordance with the Program of Utilization, all revenues generated on the Replacement Property must be used for the development, operation, and maintenance of the Replacement Property. After the Replacement Property has been fully developed in accordance with the Program of Utilization, revenue generated by the Replacement Property may be expended on other recreation properties operated by Grantor. 5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement Property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. 6. Grantor fiuther covenants and agrees for itself, its successors and assigns, that: (1) any use, operation, program or activity on or related to the Replacement Property will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as such may be amended from time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection with the Replacement Property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, City Council 15 — 30 2/1/2022 Centennial Park / GSA No Z-Ca1if-598B,C&D Paa_ e 15 of 22 Deed of Release Exhibit 2 undertake for himself the same obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this covenant shall run with the laud hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement Property in order to determine compliance with the terms of this conveyance. 7. The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantee, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantor's failure to comply with the terms of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. 8. In the event that there is a breach by the Grantor, its successors or assigns, of any of the covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal or other inability of the Grantor, its successors or assigns, to perform said covenants, conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable time stated therein, of such breach together with the actions required by Grantee in order to cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach within the designated time fi-ame set forth in the written notice, Grantor, for itself, its successors and assigns, covenants and agrees that Grantee shall be entitled to the following alternative remedies: a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed to the Replacement Property and shall allow Grantee the immediate right to reenter and take possession of the Replacement Property. Final acceptance of such deed shall be at the sole option of the Grantee. b. In the event Grantor, its successors and assigns, fails to comply with the remedy provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and Ejectment action, or other reasonably equivalent appropriate action, in a federal court of competent jurisdiction against Grantor, its successors and assigns and any other party -in - interest to the Replacement Property so that Grantee can acquire title and possession of the Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to complete such judicial proceedings. In addition, Grantor, for itself and its successors and assigns, agrees to pay Grantee all costs associated with any such judicial proceedings incurred by Grantee in acquiring title and possession of the Replacement Property. c. Until Grantee acquires and accepts title and possession to the Replacement Property at City Council 15 — 31 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 16 of 22 Deed of Release Exhibit 2 its sole option and in accordance with the terms of Section 8(a) or 8(b) above, Grantor, for itself and its successors and assigns, covenants and agrees to be fully responsible to provide protection to and maintenance of said properly at all times until such time as the title is actually accepted by the Grantee, including the period of any notice of intent to exercise Grantee's rights. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations 41 CFR 102- 75.690 as such maybe amended. 9. The failure of the Grantee to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but obligation of the Grantor, its successors and assigns, with respect to such future performance shall continue in full force and effect. 10. The National Park Service and any representative it may so delegate shall have the right of entry upon the Replacement Property at all reasonable times to conduct inspections of the Replacement Property for the purposes of evaluating the Grantor's compliance with the terms and conditions of this Declaration of Restrictions. 11. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the land in accordance with all applicable law and shall burden and run with the Replacement Property and every part thereof or interest therein, and shall be binding on Grantor, its successors, assigns, and every successor in interest to all or any part of the property, and shall benefit Grantee and Grantee's , successors and assigns. All restrictions and conditions contained herein are for the sole benefit of the United States of America and may be modified or abrogated by the Secretary of the Interior, or his successor in function, as provided by the Act. City Council 15 — 32 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 17 of 22 Deed of Release Exhibit 2 To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor and Grantee have caused this instrument to be executed by their duly authorized representatives effective as of , 2021. Grantor: City of Santa Ana, California Lo SAMPLE DOCUl1IENT — NO SIGNATURE REQUIRED ACKNOWLEDGEMENT 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 trutbfulness, accuracy, or validity of that document. State of California } } ss. County of San Francisco } On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) City Council 15 — 33 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 18 of 22 Deed of Release Exhibit 2 Grantee: LJN1TED STATES OF AMERICA Acting by and through the Secretary of the Interior SAMPLE DOCUMENT —NO SIGNATUR REQUIRED Cindy Orlando Acting Regional Director National Park Service Date LIM ACKNOWLEDGEMENT 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 truthfiduess, accuracy, or validity of that document. State of California } ) ss. County of San Francisco ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) City Council 15 — 34 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Paa_ e 19 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchange Pr•opertq 1n the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed filed as instnunent number records of said County. described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 98' 50' 00" East, 1020.05 feet, in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence. South 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° la' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88150' 00" East, 242.53 feet; Thence South 1° 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East, 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet: Thence South 1° 10' 00" East, 89.92 feet; Thence South 88' 50' 00" West, 96.56 feet; Thence South 1° 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West. 90.21 feet_ Thence South 581 11' 54" West, 84.07 feet; Thence South 88150' 00" West, 84.35 feet: Thence North 1 ° 1 0' 00" West, 13.76 feet; Thence South 88' 50' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet; Thence North V 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East._ 5.98 feet_ Thence North F 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North 11 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. City Council 15 — 35 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Page 20 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchanize Property Sketch 31V7S ON 0Uj HiaoH � 133�5 IL m II co �{ CE •6 3 „00 ,04 • L S 3 Ox .00 a�s8� p� a j o w 31 c d,j io a , m N F ml G �� N m le a rn m m (, to Li �O W w IX1 0L 'n • W o I a m 0 �W in J i Nj 3 .00 .OL,I 5 ftl "' Wz L V CV TC u W � Z Y I M 4 # O of om . ors O ,n W W zo to LO W 4 9z"EL R do IN v oo = N+ • ►Lai to N ,ol•L V' rz Jo 1 m+ O—O Q � Liu II Y qb Z! 19\ a o O m HNN W +O t 0 Iti aMa x , a 004 Z — -d I'r' o aiE] 288d' ?0 m �Y3aV O3UL113O3tfHf1 cU V+ I 3 .00 L . 4 S v vx i ti s`8 f `" i£L z <" o ' !� S I zs-n9 A„OD N vJ y W ,04.4 .�'I AV ,DO .OL.L H X s w3 1 t9 : 40 of 3� in_ - • ,nu - °° ! rl' f I Wcz, ze �u 3A1 aO ]IA1 C,DH OD _ 2 Y LOU IC�I ,58'i� LJ Ak „00 01.L H City Council 15 — 36 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Page 21 of 22 Deed of Release Exhibit 2 SCHEDULE 2 Replacement Property [legal description] City Council 15 — 37 2/1/2022 Centennial Park / GSA No Z-Calif-598B,C&D Page 22 of 22 Deed of Release LR 2/1/22 Exhibit 3 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DECLARATION OF RESTRICTIONS ON PACIFIC ELECTRIC PARK SITE (REPLACEMENT PROPERTY # 3) WHEREAS, the City of Santa Ana was deeded land from the federal government which has been utilized for Centennial Park and that land had restrictions that the land could only be used for public recreation or public park purposes; and WHEREAS, the Rancho Santiago Community College District ("RSCCD") and the City have entered into a lease regarding a 2.42 acre portion of the land in Centennial Park upon which the RSCCD Education Center sits, contingent on National Park Service ("NPS") approval of a land exchange to remove the public recreation or public park restrictions from the portion of Centennial Park where the Education Center is located and apply those restrictions to three new City parks (Raitt/Myrtle Park, 6th street and Lacy Street Park, and Pacific Electric Park) instead ("land exchange"); and WHEREAS, the NPS has agreed to the land exchange and now the City and NPS need to complete the paperwork to release the public recreation or public park purposes restrictions from the designated portion of Centennial Park and apply the public recreation or public park purposes restrictions to the three Replacement Properties (Raitt/Myrtle Park, 6th Street and Lacy Street Park, and Pacific Electric Park). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows.. Section 1. This Resolution will hereby certify that the Declaration of Restrictions for the Pacific Electric Park Site (also known as Replacement Property #3), conveyed by the Declaration of Restrictions dated February 1, 2022 or shortly thereafter between the City of Santa Ana, a municipal corporation as Grantor, and the United States of America, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of Interior, Grantee, is hereby accepted by order of the City Council of the City of Santa Ana, on February 1, 2022, pursuant to authority conferred by this Resolution of the City Council of the City of Santa Ana adopted on February 1, 2022, and the Grantor consents to recordation thereof by its duly authorized officer, the City Manager. Section 2. Attached as Exhibit "1" to this Resolution is a final draft of the Declaration of Restrictions from the NPS. Section 3. The City Council of the City of Santa Ana also hereby delegates to the City Manager the authority to sign any additional paperwork necessary to complete the Declaration of Restrictions for the Pacific Electric Park Site (Replacement Property #3). Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. City Council 15 — 38 Resort 022-XXX Nage 1 of 2 LR 2/1/22 Exhibit 3 ADOPTED this day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ie ssis an i y orney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers ��:i�l�[�_����]y_�i�=�'�l_��[�7►I_1►1�Z�7:7[rll�1_1���'1 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 15 — 39 Resort 022-XXX Nege2of2 Recording requested by: When recorded mail to: SPACE ABOVE THIS LINE FOR RECORDER'S USE Centennial Park Land Exchange, Santa Ana, California GSA No Z-Calif-598B,C&D Replacement Property #3; Pacific Electric Park Site DECLARATION OF RESTRICTIONS This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation ("Grantor"), and the UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior ("Grantee"), pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act"), and regulations and orders promulgated thereunder. Recitals: A. Grantor is the owner of 1.25-acres of real property known as the Pacific Electric Park Site and located at the northeast corner of the intersection of McFadden Avenue and Orange Avenue, within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property 3"). For convenience, Replacement Property 3 shall be referred to in the remainder of this document as the "Replacement Property." B. This Declaration of Restrictions is made in consideration of the Deed of Release dated of even date herewith between Grantee and Grantor relative to 2.42-acres of real property, more or less, located at Centennial Park, and more fully described on Schechile 1 (the "Exchange Property'). C. Grantor has agreed to impose on the Replacement Property, for the benefit of Grantee and its successors and assigns, restrictive covenants to ensure that the Replacement Property will be permanently used solely for park and recreational purposes. Agreement: NOW TBEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to - wit: 1. The Replacement Property shall be used and maintained exclusively for public park and recreational Z,Calif-598B,C&D Replacement Property #3 — Pacific Electne Park Site 1ofII City Council 15 — 40 2/1/2022 Exhibit 3 purposes in perpetuity as set forth in the program of utilization and plan contained in Grantor's Environmental Assessment, Project Description (EA § 1.2.3), dated January 2020, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application (the "Program of Utilization"). The Grantor shall, within b months of the date of this Declaration of Restrictions, erect and maintain a permanent sign or marker near the point of principal access to the Replacement Property indicating that the Replacement Property is a park or recreation area and has been acquired in substitution for property acquired from the Federal Government through the Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the Replacement Property for public park or public recreational purposes subject to the same terms and conditions in this Declaration of Restrictions. Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal_ However, this provision shall not preclude the Grantor, its successors and assigns from issuing revenue or other bonds related to the use of the Replacement Property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the Replacement Property_ Furthermore, this provision shall not preclude the Grantor from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. Funds generated on the Replacement Property may not be expended for non -recreational purposes. Until the Replacement Property has been fully developed in accordance with the Program of Utilization, all revenues generated on the Replacement Property must be used for the development, operation, and maintenance of the Replacement Property. After the Replacement Property has been fully developed in accordance with the Program of Utilization, revenue generated by the Replacement Property may be expended on other recreation properties operated by Grantor. 5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement Property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. b. Grantor farther covenants and agrees for itself., its successors and assigns, that: (1) any use, operation, program or activity on or related to the Replacement Property will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as such may be amended from time to time: (a) the regulations of the U. S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with Z-Calif-598B,C&D 2 of 11 Replacement Property #3 — Pacific Electric Park Site City Council 15 — 41 2/1/2022 Exhibit 3 the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection with the Replacement Property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b) Runish a copy of such agreement to the Secretary of the Interior or his successor or assign; (b) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement Property in order to determine compliance with the terms of this conveyance. The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantee, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantor's failure to comply with the temps of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. In the event that there is a breach by the Grantor, its successors or assigns, of any of the covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal or other inability of the Grantor, its successors or assigns, to perform said covenants, conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable time stated therein, of such breach together with the actions required by Grantee in order to cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach within the designated time frame set forth in the written notice, Grantor, for itself, its successors and assigns, covenants and agrees that Grantee shall be entitled to the following alternative remedies: a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed to the Replacement Property and shall allow Grantee the immediate right to reenter and take possession of the Replacement Property. Final acceptance of such deed shall be at the sole option of the Grantee. b. In the event Grantor, its successors and assigns, fails to comply with the remedy provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and Ejectment action, or other reasonably equivalent appropriate action, in a federal court of competent jurisdiction against Grantor, its successors and assigns and any other party -in -interest to the Replacement Property so that Grantee can acquire title and possession of the Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to complete such judicial proceedings. In addition, Grantor, for itself and its successors and assigns, agrees to pay Grantee all costs associated with any such judicial proceedings incurred by Grantee in acquiring title and possession of the Replacement Property. c_ Until Grantee acquires and accepts title and possession to the Replacement Property at its sole option and in accordance with the terms of Section 8(a) or 8(b) above, Grantor, for itself and its successors and assigns, covenants and agrees to be frilly responsible to provide protection to and maintenance of said property at all times until such time as the title is actually accepted by the Z,Calif-59813,C&D Replacement Property #3 — Pacific Electne Park Site 3oftt City Council 15 — 42 2/1/2022 Exhibit 3 Grantee, including the period of any notice of intent to exercise Grantee's rights. Such protection and maintenance shall, at a minimum_ conform to the standards prescribed by the General Services Administration in its regulations 41 CFR 102-75.690 as such may be amended. The failure of the Grantee to require in any one or more instances complete performance of any of the conditions or covenants shall not be conttnied as a waiver or relinquishment of such future performance, but obligation of the Grantor, its successors and assigns, with respect to such future performance shall continue in full force and effect. 10. The National Park Service and any representative it may so delegate shall have the right of entry upon the Replacement Property at all reasonable times to conduct inspections of the Replacement Property for the purposes of evaluating the Grantor's compliance with the terms and conditions of this Declaration of Restrictions. 11. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the land in accordance with all applicable law and shall burden and nun with the Replacement Property and every part thereof or interest therein, and shall be binding on Grantor, its successors, assigns, and every successor in interest to all or any part of the property, and shall benefit Grantee and Grantee's , successors and assigns. All restrictions and conditions contained herein are for the sole benefit of the United States of America and may be modified or abrogated by the Secretary of the Interior, or his successor in function, as provided by the Act. - ----- ------ ------ ----- Remainder of page intentionally left blank ----- --------- —----- --- Z,Calif-598B,C&D Replacement Property #3 — Pacific Electric Park Site 4 of 11 City Council 15 — 43 2/1/2022 Exhibit 3 To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor and Grantee have caused this instrument to be executed by their duty authorized representatives effective as of , 2021. Grantor. City of Santa Ana, California Lo ACKNOWLEDGEMENT 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 truthfidness, accuracy, or vatidity of that document. State of California } } ss. County of San Francisco } On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Z,Calif-598B,C&D Replacement Property #3 — Pacific Electne Park Site 5 of 11 City Council 15 — 44 2/1/2022 Exhibit 3 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior LM Cindy Orlando Acting Regional Director National Park Service Date ACKNOWLEDGEMENT 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 } } ss. County of San Francisco } On before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/shelthey executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Z,Calif-598B,C&D Replacement Property #3 — Pacific Electne Park Site 6 of 11 City Council 15 — 45 2/1/2022 Exhibit 3 SCHEDULE 1 Exchanize Propei- In the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed filed as instnunent number records of said County, described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 88150' 00" East. 1020.05 feet; in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence.. South 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88150' 00" East, 242.53 feet; Thence South 11 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East., 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet, Thence South F 10' 00" East, 99.92 feet; Thence South 88' 50' 00" West, 96.56 feet: Thence South F 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 11' 54" West. 84.07 feet: Thence South 88150' 00" West, 84.35 feet; Thence North 1110' 00" West, 13.76 feet; Thence South 88' 50' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet, Thence North F 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East. 5.98 feet: Thence North 1' 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North V 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Z,Calif-598B,C&D Replacement Property #3 — Pacific Electne Park Site 7 of 11 City Council 15 — 46 2/1/2022 Exhibit 3 3lvOS ON fl 14180N w � 3b1.5 •7. I � l,. m �F. N 3 „00 A L.L S � y � cn o i v W w co 3 AD .01.l S ! 6 CO SZI �sd 9Z'89 0 CM Z u�` w a �! KO w � Q m f.] vi w I L� m �ti O w w a� 'n o -w s al Q m� o0 e m cs •� Z9'9L "' 3 „00 ,Ot.L 5 N wa ~ s 0 da Z I ❑ Z W ❑ W p O �rn R N Q C W OI inm C Liz w 7 I--J La W v 9 L £ l 00 0o J U AA „00 ,OL.L N CQ rZ u ~ . ro1 �m 0�o o n in N o JLLJQ IC�I N ZI ZL7Z fl I � F- N u7 SO w ; N � 1 LP j Z •b o wa 6a{ 1 I j6v �1 E I 3A [ y0 HIA7HOYV' l 1 m Q1 VLl 3 w00 ?OL . L 5 v3tiv 03al140MNn �+ M1 • � 4 NT d Ln Q 6L'Z�L P-x Z6'09 0 yl M .00 .OL.L N 9 o o� Soo,. i. z t�os Q � z❑ �8 a a MO m 86 Lr z ��O x z �Sd1 —JO n .5B'ZF A „00 ,OL.L N Z,CaEf-59SB,C&D Replacement Property #3 — Pacific Electric Park Site City Council 15-47 5 of 11 2/1 /2022 Exhibit 3 SCHEDLZE 2 Replacement Properh' Replacement Property- 3 - McFadden-Draneel Electric Park Site All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: ASSESSOR'S PARCEL NUMBER: 011-065-20 LOTS 10 AN❑ 11 IN BLOCK "B" OF TRACT NO. 227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAI❑ ORANGE COUNTY. PARCEL 6: ASSESSOR'S PARCEL NUMBER: 011-065-21 LOT 12, BLOCK "B" OF TRACT NO. 227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAI❑ COUNTY. PARCEL C: ASSESSOR'S PARCEL NUMBER: 011-065-22 THE WEST 50 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE ❑F CALIFORNIA, AS SHOWN ON A MAP RECORDE❑ IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, ❑ESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF LOT 2 OF THE MC FADDEN-WILSON TRACT, AS PER MAP THEREOF RECORDE❑ IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE STRIP OF LAND CONVEYE❑ TO H.E. HUNTINGTON, TRUSTEE, BY ❑EED RECORDED IN BOOK 159, PAGE 219 OF ❑EEDS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, AND RUNNING THENCE NORTH 175 FEET; THENCE WEST 260 FEET; THENCE SOUTH 175 FEET; THENCE EAST 260 FEET TO THE POINT OF BEGINNING. PARCEL D: ASSESSOR'S PARCEL NUMBER: 011-065-23 THE EAST 80.00 FEET OF THE WEST 130.00 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDE❑ IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, ❑ESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAI❑ LOT 2, AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE STRIP OF LAND CONVEYE❑ TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF ❑EEDS, RECORDS OF ❑RANGE COUNTY, 2-Calif-598S.C&D Replacement Property 93 — Pacific Electric Park Site 9oftt City Council 15 — 48 2/1/2022 Exhibit 3 CALIFORNIA; THENCE NORTH 175.00 FEET; THENCE WEST 260.00 FEET; THENCE SOUTH 175.00 FEET; THENCE EAST 260.00 FEET TO THE POINT OF BEGINNING. PARCEL E: ASSESSOR'S PARCEL NUMBER: 011-065-24 THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN CN A MAP RECORDE❑ IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, ❑ESCRIBE❑ AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAI❑ LOT 2, AT A POINT 80.00 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF THAT CERTAIN STRIP OF LAN❑ CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAI❑ POINT ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAN❑ CONVEYED BY R. E. JOYCE AND WIFE TO ROBERT R. CALENDAR AND WIFE, BY ❑EED RECORDED IN BOOK 432, PAGE 67 OF SAID DEEDS; THENCE NORTH ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 175.00 FEET TO THE NORTHWEST CORNER THEREOF, WHICH POINT IS IN THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYE❑ BY ❑ORSEY A. HARWOOD AND WIFE TO B. L. CLAPP AND WIFE, BY ❑EE❑ RECORDE❑ IN BOOK 372, PAGE 16 ❑F SAI❑ ❑EEDS; THENCE WEST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF THE AFOREMENTIONE❑ PARCEL CONVEYED TO CALENDAR, A DISTANCE OF 175.00 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 2 WHICH IS 50.00 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. PARCEL F: ASSESSOR'S PARCEL NUMBER: 011-065-19 THAT PORTION OF LOT 2 OF THE MC FADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MC FADDEN STREET, SAI❑ NORTH LINE BEING THE SOUTH LINE OF SAI❑ LOT 2 AT THE POINT OF INTERSECTION OF THE WEST LINE OF A STRIP ❑F LAND CONVEYE❑ TO H. E. HUNTINGTON, TRUSTEE, BY ❑EE❑ RECORDED SEPTEMBER 21, 1908 IN BOOK 159, PAGE 219 OF DEEDS; THENCE NORTH 175 FEET; THENCE WEST 80 FEET; THENCE SOUTH 175 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION ❑ESCRIBE❑ IN DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 11, 2000 AS INSTRUMENT NO. 20000421957 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. 2-Calif-598S.C&D Replacement Property 93 — Pacific Electric Park Site 10 of 1t City Council 15 — 49 2/1/2022 Exhibit 3 I R zo L _ Y. —. law--- LW r�6,, ava si h110 tiJ Lf O Uj w IF— YL a —�y��1 9! ,!e'er 1'•^ 19 y'� 1 a N34 Y 4W T 33NV60 A $ LO O CD Q3,y Q a ko !� �o Q o o0F ro o C7 ad, ¢ '� a .r, ve2v� x 4 YM3AV 553 d[3 ;� '3AV SS36V.43M 9 I H= b 2" � �NN✓1 QRRR � 4 4 4 a '�• § I33YIS a Al —J Y • ti v y Z,Calif-598B,C&D 11 of 11 Replacement Property #3 — Pacific Electne Park Site City Council 15 — 50 2/1/2022 LR 2/1/22 Exhibit 4 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DECLARATION OF RESTRICTIONS FOR 6TH AND LACY PARK SITE (REPLACEMENT PROPERTY #2) WHEREAS, the City of Santa Ana was deeded land from the federal government which has been utilized for Centennial Park and that land had restrictions that the land could only be used for public recreation or public park purposes; and WHEREAS, the Rancho Santiago Community College District ("RSCCD") and the City have entered into a lease regarding a 2.42 acre portion of the land in Centennial Park upon which the RSCCD Education Center sits, contingent on National Park Service ("NPS") approval of a land exchange to remove the public recreation or public park restrictions from the portion of Centennial Park where the Education Center is located and apply those restrictions to three new City parks (Raitt/Myrtle Park, 6th street and Lacy Street Park, and Pacific Electric Park) instead ("land exchange"); and WHEREAS, the NPS has agreed to the land exchange and now the City and NPS need to complete the paperwork to release the public recreation or public park purposes restrictions from the designated portion of Centennial Park and apply the public recreation or public park purposes restrictions to the three Replacement Properties (Raitt/Myrtle Park, 6th Street and Lacy Street Park, and Pacific Electric Park). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows.. Section 1. This Resolution will hereby certify that the Declaration of Restrictions for the 6th and Lacy Park Site (also known as Replacement Property #2), conveyed by the Declaration of Restrictions dated February 1, 2022 or shortly thereafter between the City of Santa Ana, a municipal corporation as Grantor, and the United States of America, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of Interior, Grantee, is hereby accepted by order of the City Council of the City of Santa Ana, on February 1, 2022, pursuant to authority conferred by this Resolution of the City Council of the City of Santa Ana adopted on February 1, 2022, and the Grantor consents to recordation thereof by its duly authorized officer, the City Manager. Section 2. Attached as Exhibit "1" to this Resolution is a final draft of the Declaration of Restrictions from the NPS. Section 3. The City Council of the City of Santa Ana also hereby delegates to the City Manager the authority to sign any additional paperwork necessary to complete the Declaration of Restrictions for the 6th and Lacy Park Site (Replacement Property #2). 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. City Council 15 — 51 Resort 022-XXX Nage 1 of 2 LR 2/1/22 Exhibit 4 ADOPTED this day of February 1, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: PiNessist0antityyyIttornevy 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. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 15 — 52 Resort 022-XXX Nege2of2 Exhibit 4 Recording requested by: When recorded mail to: SPACE ABOVE THIS LINE FOR RECORDER'S USE Centennial Park Land Exchange, Santa Ana, California GSA No Z-Calif-598B,C&D Replacement Property #2; 6'h/Lacy Park Site DECLARATION OF RESTRICTIONS This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation ("Grantor"), and the UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior C'Grantee"), pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act"), and regulations and orders promulgated thereunder. Recitals: A. Grantor is the owner of 0.42-acres of real property known as the 6/Lacy Park Site and located at the Southwest corner of 6'h Street and Lacy Street, within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property 2"). For convenience, Replacement Property 2 shall be referred to in the remainder of this document as the "Replacement Property." B. This Declaration of Restrictions is made in consideration of the Deed of Release dated of even date herewith between Grantee and Grantor relative to 2.42-acres of real property, more or less, located at Centennial Park, and more fully described on Schedule 1 (the "Exchange Property"). C. Grantor has agreed to impose on the Replacement Property, for the benefit of Grantee and its successors and assigns, restrictive covenants to ensure that the Replacement Property will be permanently used solely for park and recreational purposes. Agreement: NOW THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to - wit: 1. The Replacement Property shall be used and maintained exclusively for public park and recreational purposes in perpetuity as set forth in the program of utilization and plan contained in Grantor's Z,CaEf-598B,C&D 1 of 10 Replacement Property #2 — 6`&.acy Park Site City Council 15 — 53 2/1/2022 Exhibit 4 Environmental Assessment, Project Description (EA § 1.2.3), dated January 2020, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application (the "Program of Utilization). 2. The Grantor shall, within 6 months of the date of this Declaration of Restrictions, erect and maintain a permanent sign or marker near the point of principal access to the Replacement Property indicating that the Replacement Property is a park or recreation area and has been acquired in substitution for property acquired from the Federal Government through the Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the Replacement Property for public park or public recreational purposes subject to the same terms and conditions in this Declaration of Restrictions. Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal. However, this provision shall not preclude the Grantor, its successors and assigns from issuing revenue or other bonds related to the use of the Replacement Property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the Replacement Property. Furthermore, this provision shall not preclude the Grantor from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. Funds generated on the Replacement Property may not be expended for non -recreational purposes. Until the Replacement Property has been fully developed in accordance with the Program of Utilization, all revenues generated on the Replacement Property must be used for the development, operation, and maintenance of the Replacement Property. After the Replacement Property has been holly developed in accordance with the Program of Utilization, revenue generated by the Replacement Property may be expended on other recreation properties operated by Grantor. 5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement Property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. Grantor fuuther covenants and agrees for itself., its successors and assigns, that: (1) any use, operation, program or activity on or related to the Replacement Property will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as such may be amended from time to time: (a) the regulations of the U. S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection Z,Calif-598B,C&D 2 of 10 Replacement Property #2 — 6`&.acy Park Site City Council 15 — 54 2/1/2022 Exhibit 4 with the Replacement Property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement Property in order to determine compliance with the terms of this conveyance. The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantee, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantor's failure to comply with the terms of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. In the event that there is a breach by the Grantor, its successors or assigns, of any of the covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal or other inability of the Grantor, its successors or assigns, to perform said covenants, conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable time stated therein, of such breach together with the actions required by Grantee in order to cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach within the designated time flame set forth in the written notice, Grantor, for itself its successors and assigns, covenants and agrees that Grantee shall be entitled to the following alternative remedies: a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed to the Replacement Property and shall allow Grantee the immediate right to reenter and take possession of the Replacement Property. Final acceptance of such deed shall be at the sole option of the Grantee. b. In the event Grantor, its successors and assigns, fails to comply with the remedy provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and Ejectment action, or other reasonably equivalent appropriate action, in a federal court of competent jurisdiction against Grantor, its successors and assigns and any other party -in -interest to the Replacement Property so that Grantee can acquire title and possession of the Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to complete such judicial proceedings. In addition, Grantor, for itself and its successors and assigns, agrees to pay Grantee all costs associated with any such judicial proceedings incurred by Grantee in acquiring title and possession of the Replacement Property. c. Until Grantee acquires and accepts title and possession to the Replacement Property at its sole option and in accordance with the terms of Section 8(a) or 8(b) above, Grantor, for itself and its successors and assigns, covenants and agrees to be fully responsible to provide protection to and maintenance of said property at all times until such time as the title is actually accepted by the Grantee, including the period of any notice of intent to exercise Grantee's rights. Such protection Z,Calif-598B,C&D 3 of 10 Replacement Property #2 — 6th&.acy Park Site City Council 15 — 55 2/1/2022 Exhibit 4 and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations dl GFR 102-75.690 as such may be amended. 9. The failure of the Grantee to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but obligation of the Grantor, its successors and assigns, with respect to such future performance shall continue in full force and effect. 10. The National Park Service and any representative it may so delegate shall have the right of entry upon the Replacement Property at all reasonable times to conduct inspections of the Replacement Property for the purposes of evaluating the Grantor's compliance with the terms and conditions of this Declaration of Restrictions. 11. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the laud in accordance with all applicable law and shall burden and run with the Replacement Property and every part thereof or interest therein, and shall be binding on Grantor, its successors, assigns, and every successor in interest to all or any part of the property, and shall benefit Grantee and Grantee's , successors and assigns. All restrictions and conditions contained herein are for the sole benefit of the United States of America and may be modified or abrogated by the Secretary of the Interior, or his successor in function, as provided by the Act. ------ ------ ------ Remainder of page intentionally left blank ---- —------- ------- Z,Calif-598B,C&D Replacement Property #2 — 6th&.acy Park Site 4 of 10 City Council 15 — 56 2/1/2022 Exhibit 4 To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor and Grantee have caused this instrument to be executed by their duty authorized representatives effective as of , 2021. Grantor. City of Santa Ana, California Lo ACKNOWLEDGEMENT 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 vatidity of that document. State of California } } ss. County of San Francisco } On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Z,Calif-598B,C&D Replacement Property #2 — 6tb&.acy Park Site 5 of 10 City Council 15 — 57 2/1/2022 Exhibit 4 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior LM Cindy Orlando Acting Regional Director National Park Service Date ACKNOWLEDGEMENT 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 } } ss. County of San Francisco } On before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/shelthey executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Z,Calif-598B,C&D Replacement Property #2 — 6tb&.acy Park Site 6of10 City Council 15 — 58 2/1/2022 Exhibit 4 SCHEDULE 1 Exchanize Propei- In the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed filed as instnunent number records of said County, described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 88150' 00" East. 1020.05 feet; in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence.. South 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88150' 00" East, 242.53 feet; Thence South 11 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East., 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet, Thence South F 10' 00" East, 99.92 feet; Thence South 88' 50' 00" West, 96.56 feet: Thence South F 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 11' 54" West. 84.07 feet: Thence South 88150' 00" West, 84.35 feet; Thence North 1110' 00" West, 13.76 feet; Thence South 88' 50' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet, Thence North F 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East. 5.98 feet: Thence North 1' 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North F 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Z,Calif-598B,C&D Replacement Property #2 — 6tb&.acy Park Site 7 of 10 City Council 15 — 59 2/1/2022 Exhibit 4 3lvOS ON fl 14180N w � 3b1.5 •7. I � l,. m �F. N 3 „00 A L.L S � y � cn o i v W w co 3 AD .01.l S ! 6 CO SZI �sd 9Z'89 0 CM Z u�` w a �! KO w � Q m f.] vi w I L� m �ti O w w a� 'n o -w s al Q m� o0 e m cs •� Z9'9L "' 3 „00 ,Ot.L 5 N wa ~ s 0 da Z I ❑ Z W ❑ W p O �rn R N Q C W OI inm C Liz w 7 I--J La W v 9 L £ l 00 0o J U AA „00 ,OL.L N CQ rZ u ~ . ro1 �m 0�o o n in N o JLLJQ IC�I N ZI ZL7Z fl I � F- N u7 SO w ; N � 1 LP j Z •b o wa 6a{ 1 I j6v �1 E I 3A [ y0 HIA7HOYV' l 1 m Q1 VLl 3 w00 ?OL . L 5 v3tiv 03al140MNn �+ M1 • � 4 NT d Ln Q 6L'Z�L P-x Z6'09 0 yl M .00 .OL.L N 9 o o� Soo,. i. z t�os Q � z❑ �8 a a MO m 86 Lr z ��O x z �Sd1 —JO n .5B'ZF A „00 ,OL.L N Z,Calif-59SB,C&D Replacement Property #2 — 6`&.acy Park Site City Council 15-60 5 of 10 2/1 /2022 Exhibit 4 SCHEDULE 2 Replacement Pr•opei- Replacement Property 2 - G`b/Lac`- Palk Site [fiom title report] The land referred to herein is situated in the State of California, County of Orange, described as follows: LOT 8, BLOCK 10, FRUIT ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 34, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-03 LOT 7 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANTA ANA", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, ST A TE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 398-334-04 LOT 6 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 34 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-05 2-Calif-598S.C&D Replacement Property 92 — 6b,'Lacy Park Site 9 of 10 City Council 15 — 61 2/1/2022 Exhibit 4 K5I=77- K L r 13�JS 3 rrs7aMu7 n73b1,VbJ � 1 i I I ad tl. Fj�g til � I —31��eres .rate L�ei� m Iffrrlf 4 � J33drL5 S MR � � q � $w zn� .d 11 Y M Q— ' i I'JLII! w7 � 4J 0 sa. 0� O 'o � � _ E 4 A A. srr dy.Umv i ary � o $ I��r?S FI�DN.lSYtlV 1 1 Z� to It Th le m plMal in bcing furnished man axd in kKMrkg the herein cleacrlbed Land kn relatlon to adjolning streets, natural boLawh ies and dhe land, and is nat a survey ar 1ho land depic6cd. Erupl lv iha o�crta policy vF titlo insiranco is e7ip�eo3ty meaifie:d by or-Awwwrw; iany. the Company does nor Inst re di12hSlans, dL'1wwg, location of easements, acreage Or other Matters Scam trarmn. Omer: 02012344 Doc: 39833 MAP ASSESSOR Z,Calif-59SB,C&D Replacement Property #2 — 6"'&.acy Park Site City Council Page 1 d 1 Fequested By: KeNn McGhee , Printnet 412V2=2W FU 15-62 10 of 10 2/1 /2022 LR 2/1/22 Exhibit 5 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DECLARATION OF RESTRICTIONS FOR RAITT AND MYRTLE PARK SITE (REPLACEMENT PROPERTY #1) WHEREAS, the City of Santa Ana was deeded land from the federal government which has been utilized for Centennial Park and that land had restrictions that the land could only be used for public recreation or public park purposes; and WHEREAS, the Rancho Santiago Community College District ("RSCCD") and the City have entered into a lease regarding a 2.42 acre portion of the land in Centennial Park upon which the RSCCD Education Center sits, contingent on National Park Service ("NPS") approval of a land exchange to remove the public recreation or public park restrictions from the portion of Centennial Park where the Education Center is located and apply those restrictions to three new City parks (Raitt/Myrtle Park, 6th street and Lacy Street Park, and Pacific Electric Park) instead ("land exchange"); and WHEREAS, the NPS has agreed to the land exchange and now the City and NPS need to complete the paperwork to release the public recreation or public park purposes restrictions from the designated portion of Centennial Park and apply the public recreation or public park purposes restrictions to the three Replacement Properties (Raitt/Myrtle Park, 6th Street and Lacy Street Park, and Pacific Electric Park). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows.. Section 1. This Resolution will hereby certify that the Declaration of Restrictions for the Raitt and Myrtle Park Site (also known as Replacement Property #1), conveyed by the Declaration of Restrictions dated February 1, 2022 or shortly thereafter between the City of Santa Ana, a municipal corporation as Grantor, and the United States of America, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of Interior, Grantee, is hereby accepted by order of the City Council of the City of Santa Ana, on February 1, 2022, pursuant to authority conferred by this Resolution of the City Council of the City of Santa Ana adopted on February 1, 2022, and the Grantor consents to recordation thereof by its duly authorized officer, the City Manager. Section 2. Attached as Exhibit "1" to this Resolution is a final draft of the Declaration of Restrictions from the NPS. Section 3. The City Council of the City of Santa Ana also hereby delegates to the City Manager the authority to sign any additional paperwork necessary to complete the Declaration of Restrictions for the Raitt and Myrtle Park Site (Replacement Property #1). 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. City Council 15 — 63 Resort 022-XXX Nage 1 of 2 LR 2/1/22 Exhibit 5 ADOPTED this day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ie ssis an i y orney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers ��:i�l�[�_����]y_�i�=�'�l_��[�7►I_1►1�Z�7:7[rll�1_1���'1 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 15 — 64 Resort 022-XXX Nege2of2 Exhibit 5 Recording requested by: When recorded mail to: SPACE ABOVE THIS LINE FOR RECORDER'S USE Centennial Park Land Exchange, Santa Ana, California GSA No Z-Calif-598B,C&D Replacement Property #1; Raitt-Myrtle Park Site DECLARATION OF RESTRICTIONS This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation ("Grantor"), and the UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior C'Grantee"), pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act"), and regulations and orders promulgated thereunder. Recitals: A. Grantor is the owner of 1.09-acres of real property known as the Raitt-Myrtle Park Site and located at the intersection of Raitt and Myrtle Streets, within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property 1 "). For convenience, Replacement Property 1 shall be referred to in the remainder of this document as the "Replacement Property." B. This Declaration of Restrictions is made in consideration of the Deed of Release dated of even date herewith between Grantee and Grantor relative to 2.42-acres of real property, more or less, located at Centennial Park, and more fully described on Schedule 1 (the "Exchange Property"). C. Grantor has agreed to impose on the Replacement Property, for the benefit of Grantee and its successors and assigns, restrictive covenants to ensure that the Replacement Property will be permanently used solely for park and recreational purposes. Agreement: NOW THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to - wit: 1. The Replacement Property shall be used and maintained exclusively for public park and recreational purposes in perpetuity as set forth in the program of utilization and plan contained in Grantor's Z,Calif-598B,C&D Replacement Property #1 — Raitt-Myrtle Park Site 1 of 10 City Council 15 — 65 2/1/2022 Exhibit 5 Environmental Assessment, Project Description (EA § 1.2.3), dated January 2020, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application (the "Program of Utilization). 2. The Grantor shall, within 6 months of the date of this Declaration of Restrictions, erect and maintain a permanent sign or marker near the point of principal access to the Replacement Property indicating that the Replacement Property is a park or recreation area and has been acquired in substitution for property acquired from the Federal Government through the Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the Replacement Property for public park or public recreational purposes subject to the same terms and conditions in this Declaration of Restrictions. Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal. However, this provision shall not preclude the Grantor, its successors and assigns from issuing revenue or other bonds related to the use of the Replacement Property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the Replacement Property. Furthermore, this provision shall not preclude the Grantor from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. Funds generated on the Replacement Property may not be expended for non -recreational purposes. Until the Replacement Property has been fully developed in accordance with the Program of Utilization, all revenues generated on the Replacement Property must be used for the development, operation, and maintenance of the Replacement Property. After the Replacement Property has been holly developed in accordance with the Program of Utilization, revenue generated by the Replacement Property may be expended on other recreation properties operated by Grantor. 5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement Property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. Grantor fuuther covenants and agrees for itself., its successors and assigns, that: (1) any use, operation, program or activity on or related to the Replacement Property will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as such may be amended from time to time: (a) the regulations of the U. S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection Z,Calif-598B,C&D 2 of 10 Replacement Property #1 — Raitt-Myrtle Park Site City Council 15 — 66 2/1/2022 Exhibit 5 with the Replacement Property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement Property in order to determine compliance with the terms of this conveyance. The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantee, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantor's failure to comply with the tens of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. In the event that there is a breach by the Grantor, its successors or assigns, of any of the covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal or other inability of the Grantor, its successors or assigns, to perform said covenants, conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable time stated therein, of such breach together with the actions required by Grantee in order to cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach within the designated time flame set forth in the written notice, Grantor, for itself its successors and assigns, covenants and agrees that Grantee shall be entitled to the following alternative remedies: a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed to the Replacement Property and shall allow Grantee the immediate right to reenter and take possession of the Replacement Property. Final acceptance of such deed shall be at the sole option of the Grantee. b. In the event Grantor, its successors and assigns, fails to comply with the remedy provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and Ejectment action, or other reasonably equivalent appropriate action, in a federal court of competent jurisdiction against Grantor, its successors and assigns and any other party -in -interest to the Replacement Property so that Grantee can acquire title and possession of the Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to complete such judicial proceedings. In addition, Grantor, for itself and its successors and assigns, agrees to pay Grantee all costs associated with any such judicial proceedings incurred by Grantee in acquiring title and possession of the Replacement Property. c. Until Grantee acquires and accepts title and possession to the Replacement Property at its sole option and in accordance with the terms of Section 8(a) or 8(b) above, Grantor, for itself and its successors and assigns, covenants and agrees to be fully responsible to provide protection to and maintenance of said property at all times until such time as the title is actually accepted by the Grantee, including the period of any notice of intent to exercise Grantee's rights. Such protection Z,Calif-598B,C&D Replacement Property #1 — Raitt-Myrtle Park Site 3of10 City Council 15 — 67 2/1/2022 Exhibit 5 and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations dl CFR 102-75.690 as such may be amended. 9. The failure of the Grantee to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but obligation of the Grantor, its successors and assigns, with respect to such future performance shall continue in full force and effect. 10. The National Park Service and any representative it may so delegate shall have the right of entry upon the Replacement Property at all reasonable times to conduct inspections of the Replacement Property for the purposes of evaluating the Grantor's compliance with the terms and conditions of this Declaration of Restrictions. 11. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the laud in accordance with all applicable law and shall burden and run with the Replacement Property and every part thereof or interest therein, and shall be binding on Grantor, its successors, assigns, and every successor in interest to all or any part of the property, and shall benefit Grantee and Grantee's , successors and assigns. All restrictions and conditions contained herein are for the sole benefit of the United States of America and may be modified or abrogated by the Secretary of the Interior, or his successor in function, as provided by the Act. - ----- ------ ------ ---- Renrainder of page intentionally left blank -------------- —----- --- Z,COH-598B,C&D Replacement Property #1 — Raitt-Myrtle Park Site 4 of 10 City Council 15 — 68 2/1/2022 Exhibit 5 To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor and Grantee have caused this instrument to be executed by their duty authorized representatives effective as of , 2021. Grantor. City of Santa Ana, California Lo ACKNOWLEDGEMENT 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 vatidity of that document. State of California } } ss. County of San Francisco } On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Z,Calif-598B,C&D Replacement Property #1 — Raitt-Myrtle Park Site 5 of 10 City Council 15 — 69 2/1/2022 Exhibit 5 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior LM Cindy Orlando Acting Regional Director National Park Service Date ACKNOWLEDGEMENT 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 } } ss. Courlty of San Francisco } On before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/shelthey executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Z,Calif-598B,C&D Replacement Property #1 — Raitt-Myrtle Park Site 6of10 City Council 15 — 70 2/1/2022 Exhibit 5 SCHEDULE 1 Exchanize Propei- In the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed filed as instnunent number records of said County, described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 88150' 00" East. 1020.05 feet; in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence.. South 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88150' 00" East, 242.53 feet; Thence South 11 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East., 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet, Thence South F 10' 00" East, 99.92 feet; Thence South 88' 50' 00" West, 96.56 feet: Thence South F 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 11' 54" West. 84.07 feet: Thence South 88150' 00" West, 84.35 feet; Thence North 1110' 00" West, 13.76 feet; Thence South 88' 50' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet, Thence North F 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East. 5.98 feet: Thence North 1' 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North V 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Z,Calif-598B,C&D Replacement Property #1 — Raitt-Myrtle Park Site 7 of 10 City Council 15 — 71 2/1/2022 Exhibit 5 3lvOS ON fl ltlaoN w � 3b1.5 •7. I � l,. m �F. N 3 „00 A L.L S � y � cn o i v W w co 3 AD .01.l S ! 6 CO SZI �sd 9Z'89 0 CM Z u�` w a �! KO w � Q m f.] vi w I L� m �ti O w w a� 'n o -w s al Q m� o0 e m cs •� Z9'9L "' 3 „00 ,Ot.L 5 N wa ~ s 0 da Z I ❑ Z W ❑ W p O �rn R N Q C W OI inm C Liz w 7 I--J La W v 9 L £ l 00 0o J U AA „00 ,OL.L N CQ rZ u ~ . ro1 �m 0�o o n in N o JLLJQ IC�I N ZI ZL7Z fl I � F- N u7 SO w ; N � 1 LP j Z •b o wa 6a{ 1 I j6v �1 E I 3A [ y0 HIA7HOYV' l 1 m Q1 VLl 3 w00 ?OL . L 5 v3tiv 03al140MNn �+ M1 • � 4 NT d Ln Q 6L'Z�L P-x Z6'09 0 yl M .00 .OL.L N 9 o o� Soo,. i. z t�os Q � z❑ �8 a a MO m 86 Lr z ��O x z �Sd1 —JO n .5B'ZF A „00 ,OL.L N Z,Calif-598B,C&D Replacement Property #1 — Raitt-lviyrtle Park Site City Council 15-72 5 of 10 2/1 /2022 Exhibit 5 SCHEDLZE 2 Replacement Properh' Replacement Propert-y 1— Raitt-Mv rile Park Site All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL 1: APN: 007-273-12 BEGINNING AT A POINT 1232 FEET SOUTH OF A POINT IN THE CENTER OF FIRST STREET, WHICH IS 1942 FEET WESTERLY FROM THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; RUNNING THENCE WESTERLY PARALLEL WITH THE CENTER LINE OF FIRST STREET, 443.4 FEET TO THE EASTERLY LINE OF ARTESIA STREET; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ARTESIA STREET 44 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO PAUL W. LADIGES AND WIFE, BY DEED DATED DECEMBER 18, 1922 AND RECORDED IN BOOK 451 PAGE 70 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LADIGES, 443.4 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING. PARCEL 2: APN: 007-273-14 BEGINNING AT A POINT IN THE CENTER OF FIRST STREET, 1942 FEET WEST OF THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B. AND M., AND RUNNING THENCE SOUTH 1320 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 1 OF THE SEPULVEDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE WEST ALONG SAID SOUTH LINE 443.4 FEET, MORE OR LESS, TO THE EAST LINE OF ARTESIS STREET; THENCE NORTH ALONG SAID EAST LINES 1320 FEET, MORE OR LESS, TO THE CENTER LINE OF WEST FIRST STREET, AND THENCE EAST 443.4 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 1232 FEET THEREOF. 2-Calif-598S.C&D Replacement Property 91 — Raitt-Myrtle Park Site 9 of 10 City Council 15 — 73 2/1/2022 Exhibit 5 I Im u • 4Ti M W N 4 F Imo' �y k n V11a"fN4iv 'yyyyV V>n µ � H V xxx Ms3�rn tlrl'y - A � e @I I I I * 2--a$ Id 7wrliv Q d Q C*'P� Ik£ Trl-s napfplat Is being furnis.-w-d os an old In Iocahng the here n deacnbrA Lnnd n re arlcn to adlnlning streefa. natural bouncan" and other land. a nd rs nDt a surety ul` the land depicted Except to "extent a policy of title insurance rs expreasty mnddied 4y end orae nmwt. 1 eny- ihe Company does nt:t Insure dmansan9, C6tanaze lceaib�h of ess2lneni9, acreage or avref rn mtt2rs sno vn Iher2on. flreer 52012345 Doe: 7-27 MAP ASSESSOR Z,Calif-598B,C&D Replacement Propelty #1 — Raitt-Myrtle Park Site City Council Page 1 et 1 RagtjWttC Sy' MArt fdrGhte , Prlrlted- 4127P2= 1:41 PM 15-74 10 of 10 2/1 /2022 City of Santa Ana Draft Maps FEBRUARY 1, zozz Agenda What we will cover • Traditional Redistricting Principles • Census Data • Public Submissions • Community of Interest Testimony • Current Lines • Draft Maps • Next Steps ►«Ow ' 1og�m M . Sf�.Ai City Council 16 — 2 2/1/2022 Traditional Redistricting Principles Complying with the Fair Maps Act The Fair Maps Act passed by the Legislature mandates a set of criteria we must follow when drawing ward plans. • Relatively equal size - people, not citizens • Contiguous —wards should not hop/jump • Maintain "communities of interest" • Follow city and census designated place boundaries • Keep wards compact — appearance/function r� A E�p � City Council 16 — 3 2/1/2022 The mechanics of Redistricting Census Data Census Files come in two parts: Geography— the underlying framework of the data Data —the counts of population and demographics And they can convey different information: Point in Time — Decennial Census Multi -year Averages — Trends/Estimates City Council 16 — 4 2/1/2022 The mechanics of Redistricting Census Data The Geography is called the TIGER Files - Topologically Integrated Geoff Encoding and Referencing - Nested geographic units „ A • Block Group • Tract r� 1� �aIn 3 City Council 16 — 5 2/1/2022 The mechanics of Redistricting Census Data � A � L o R ❑fir= A �- .,... 6. +7 Census Blocks Census Block Groups Census Tracts City Council 16 — 6 2/1/2022 The mechanics of Redistricting Census Data Two different datasets most commonly used in redistricting: - PL 94-171 - the Decennial Census File - Census Block Geography - Total Population Counts for April 1, 2020, used to determine the size of each ward - Required to be released before April 1, 2021, but was delayed until September 201", with a "legacy" dataset released on Aug. 12tn K-K-2-01, I City Council 16 — 7 2/1/2022 The mechanics of Redistricting Census Data The census data file the city is required to use will be slightly different: - Statewide Prisoner Reallocation r� 9- 1 11kr7% MIN �4 - California Statewide Database I UC Berkeley —adjusted population removing state prison population and reallocating them based on where they lived prior to being incarcerated. - This allows a more equitable redistricting. City Council 16 — 8 2/1/2022 The mechanics of Redistricting Census Darn Two different datasets most commonly used in redistricting: - American Community Survey (ACS) - Census Block Group and Census Tract or larger geographies - Results in estimated data that provides more context to the Census results with demographic and socioeconomic info. - Provides Citizen Voting Age Population (CVAP) ' �gm �u�lieoka,` City Council 16 — 9 2/1/2022 From COI to Maps With the Fair Maps Act requiring cities to include the public input in ., the redistricting process, we move redistricting out into the public, 2otot... with maps driven by Community of Interest testimony.w. .� Input from community drives process with multiple ways for the Cid.-Voting Ago P..PW l-(CVAPI public to engage. Rules for process emphasize the importance of traditional criteria and minimizing divisions of neighborhoods. Releasing maps for feedback — today we will see plans to spark more �1�s public engagement. City Council 16 — 10 2/1/2022 Public Submissions Gardenl The City of Santa Ana City Council obtained public map submissions • Use of the online mapping tool DistrictR to solicit input. • Hosted 6 Community Workshops + additiona community presentations • Online training of DistrictR at each Community Workshop. 19 full citywide Mans. 3 oartial Mans and 3 communii City Council u'491� Population bats Lay( Population Balance u . ia]V D—W Census 51 51 51 �stln 57 2/1 /2022 UMASSIGNEO POPULATION: MAX. POPULATION O[VIAli- Highlight Unassigned, Public Submissinnq We have converted all full, partial and C01 plans, received by January 251", to our "Atlas" format which includes: • Cover page with full districting plan overview. • Data table with population, deviation, ethnic population, Citizen Voting Age Population (CVAP)Ethnicity and breakdowns for each ward (numbered 1-6 for a complete plan) • Individual ward maps with street -details and data tables and charts. City Council 16 — 12 2/1/2022 Public .:r:IM•7i submissioi provided. 7T - - . In street IevE City Council 16 — 13 2/1/2022 Public Map Plan Submissions Placing Public Plans into Mapping Schools The city has received public plan submissions, COI submissions through DistrictR, and placemats through electronic submittal. These plans can be categorized as follows: • Cols • Noncontiguous or population -imbalance (total deviation above 10%) • Major Streets • Compact • Multiple Central Wards • Follow McFadden for Southern Wards • Other Major Changes to current plan • VietRISE Plans r� A L�p � City Council 16 — 14 2/1/2022 GARDEN GROVE -,.- uw� 03 � VW, n AA, ORANGE City Council 16-15 2/11/2022 2020 Census I 2 4 5 6 Population 51,983 50,462 57,056 50,404 SZ698 5O,1TI Uevi ation -136 -I 65! 4,9M - k; 7 k5 579 -2, 009 Deviation % -03% -S2% 9.5% -33% 1.1% -3.9% Ueh er 4,344 4,604 12 J29 3,609 3,675 4,079 Other % 8,4% -9.1% 213% 7.0% 7.0% 8.1% Latino 28,431 40,029 39,056 43,924 45,S07 42,900 Latino % 547% 79.3% 684% 87.1% 86.096 85.6% Asian 10,813 5,264 5,213 2; Y 18 4161 2,749 Asian % 36,2% 10.4% 9.1% 5.4% 6.0% 55% Black 395 S6S 6'!8 255 SSS 383 Black % 0.8% 1.1% 1.2% 0.5% 1.1% 0.8% Citizen Voting Age Population (CVAP) I 2 5 4 S 6 1 o:al CVAP 31,000 24,738 55,290 26,660 23,076 23,497 Other CVAP 41'!0 3,860 12,062 3,801 2,952 3,450 Other CVAP % 135% 15.6% 36.2% 143% 12.8% 14.7% Latino CVAP 13,761 16,481 16,681 20,85/ 17,450 17,'753 Latino LVAP% 44.4% 66.6% 50.1% 76.2% 75.5% 75.6% Asian CVAP 12,845 3,842 3,658 1,760 2.424 2,ISI Asian CVAP % 41.4% 15.5% 11,C% 616% 10.5% 92% Black CVAP 224 SSS 889 262 270 145 Black CVAP % C.7% 2.2% 2:1'% 1.0% 12% 0.6% aw, � rlt � City Council 16 - 16 2/1/2022 2020 Census 1 3 5 6 SI,985 50,462 S2,G98 SU,I Il Usher 4,344 3,675 4,079 Other % 8.1% Latino Total Deviation of 13.4% 42,900 Latino % a5.6% Asian 18,813 —_ _,_ _ _„ _ 3,161 2,749 Asian % 36.2% 10.4% 6.6% 55% _L_, 395 56S .,;L... _,_ SSS 383 3 L-, X. 0.8% 1.1% ._.. 0. s':. 1.1% 0.8% Citizen Voting Age Population (CVAP) _ 4 S 6 24,738 26,660 23.076 23.497 Other CVAP 1, iU 3.860 12.062 3,801 2.952 3.450 Other CVAP % 135% 15.6% 36.2% _ 12.8% 14.7% Latino CVAP 13,761 16.481 16,681 -0.8 :' 17,450 17,'753 Latino LVAP% 44.4% 66.6% 50.1% 782% 75.5% 75.6% Asian CVAP 12,845 3,042 3,650 1,760 2.424 2,IS1 Asian CVAP % 41.4% 15.5% 11,C% 6.6% 10S% 92% Black CVAP 224 SSS 889 262 770 145 Black CVAP % C.7% 2.2% _., 1.0:1. 12% 0.6% ~ Pmap �I � M � City Council 16 — 17 2/1/2022 Draft Plans A. A21 DI & E Councilmembers were provided a packet with four consultant created plans based on traditional redistricting criteria, COI testimony and amendments from the council. These maps were posted to the city website for the public prior to Draft Map hearing. • Wards are letters, not numbers. This is a temporary structure for identifying seats as the final draft plan is required to be numbered based on a formula in the charter. • Each draft has been created with a less than 10% total deviation. 1� `111NO,� W �s� Wan Wat G Wattl F `� Citizen Voting Aga POPulai City Council 16 — 18 2/1/2022 Draft Plans 1- ('-1 HIP I R Councilmembers were provided a packet with five plans based on public DistrictR submissions; the plans were reviewed to ensure they follow traditional redistricting criteria. These maps were posted to the city website for the public prior to Draft Map hearing. • Wards are letters, not numbers. This is a temporary structure for identifying seats as the final draft plan is required to be numbered based on a formula in the charter. • Each draft has been created with a less than 10% total deviation. 143-2-201M. � sr I®REDISTRICTING City of Santa nna ®®REDISTRICTING City of Santa Ana ®®REDISTRICTING City of Santa Ana �0 PARTNERS CIU.an VPUn9 Apa P.PugUa City Council 16 — 19 2/1/2022 ru-04" -rim ORANGE Plan A Plan meets traditional redistricting criteria and also achieves the following: • Deviation of % 8.5 • Creates four wards that are 50%+ Latino Citizen Voting Age Population in "6", "D", "E" & "F" F • Creates an Asian influence ward in Ward A at 42.4% City Council 16 — 20 2/1/2022 GARDEN G FIX-, M01,11,11- ,� rt �.., City Council 16-21 ORANGE Plan A Plan meets traditional redistricting criteria and also achieves the following: • Uses existing lines as base • Adjusts for population growth Follows major streets 2/1 /2022 GARDEN GROVE rst-M-1 111,11- rt �.., City Council 16-22 ORANGE PI-)n A2 Plan meets traditional redistricting criteria and also achieves the following: • Deviation of 7.4% • Uses Draft Plan A as base • Creates four wards that are 50%+ Latino Citizen Voting Age Population in „B „D "E„ & „F„ • Creates an Asian plurality ward in Ward A at 42.9 2/1 /2022 PI-)n A2 GARDEN G Plan meets traditional redistricting criteria and also achieves the following: • Adjusts for population growth • Follows major streets • Moves DA boundary from 1st and Santa Ana River to S Harbor Blvd and McFadden Ave • Move DA boundary from Fairview to S Sullivan St • Move Downtown from DE to DD rst-M-1 111,11- rt �.., City Council 16 — 23 2/1/2022 Plan D GARDEN GROVE _.... ,,.a Plan meets traditional redistricting criteria and also achieves the following: • Deviation of 9.1% E • Follows Neighborhood lines • Creates four wards that are 50%+ Latino Citizen Voting Age Population in "B", "D", "E" & "F" • Creates an Asian plurality ward in Ward A at 42.8% UAR-W, - 1,11,11- rt �.., City Council 16 — 24 2/1/2022 GARDEN G Plan D Plan meets traditional redistricting criteria and also achieves the following: • Keeps Northern Neighborhoods together: West Floral Park, Floral Park, Fisher Park, Morrison Eldridge Park and Park Santiago • Keeps Southern Neighborhoods together: Sandpointe, Republic Homes, Metro Classic, Thornton Park and South Coast • Keeps the Sullivan Community together • Keeps Heninger Park, Wilshire Square and Downtown together City Council 16 — 25 2/1/2022 GARDEN GPOVE-- ...... K rst-M-1 kI, ORANGE 4r Plan I Plan meets traditional redistricting criteria and also achieves the following: 0 Deviation of 8.6% 0 Follows Neighborhood lines • Creates four wards that are 50%+ Latino Citizen Voting Age Population in "B", "D111 "Ell & "Fll • Creates an Asian plurality ward in Ward A at 42.8% City Council 16-26 2/11/2022 J U J Plan I Plan meets traditional redistricting criteria and also achieves the following: • Keeps Northern Communities whole: West Floral Park, Floral Park, Fisher Park, Morrison Eldridge Park, and Park Santiago • Keeps Southern Communities whole: Sandpointe, Republic Homes, Metro Classic, Thornton Park and South Coast • Keeps the Sullivan Community together • Keeps Heninger Park, Wilshire Square and Downtown together City Council 16 — 27 2/1/2022 GARDEN GROVE--- OEMo.. a.a ���-�••e•d City Council 16-28 I - .i F Plan meets traditional redistricting criteria and also achieves the following: Deviation of 4.7% • Creates five wards that are 50%+ Latino Citizen Voting Age Population in "6", "C", "D", "E" & „F„ • Creates an Asian plurality ward in Ward A at 43.5% 2/1 /2022 UAR-o' - 1,11,11- GARDEN G City Council o�oR� 16-29 ORANGE P'� n F Plan meets traditional redistricting criteria and also achieves the following: • Follows Neighborhood lines • Keeps Northern Communities whole: West Floral Park, Floral Park, Fisher Park, Morrison Eldridge Park, and Park Santiago • Keeps Southern Communities whole: Sandpointe, Republic Homes, Metro Classic, Thornton Park and South Coast 2/1 /2022 GARDEN GROVE --- A-- K rst-M-1 111,11- 0 1,- Plan meets traditional redistricting criteria and also achieves the following: Tustin 0 Deviation of 4.7% 0 Creates five wards that are 50%+ Latino Citizen Voting Age Population in "B", 11CII I "D111 "Ell & "F/1 • Creates an Asian plurality ward in Ward A at 43.6% City Council 16-30 2/11/2022 ORANGE GARDEN G U M M rst-M-1g rt �.., r 1. Plan meets traditional redistricting criteria and also achieves the following: • Keeps the Sullivan Community together • Keeps Heninger Park, Wilshire Square and Downtown together • Keeps Northern Communities whole • Keeps Southern Communities whole City Council 16 — 31 2/1/2022 GARDEN GROVE,-.- C 4101. uw� WW n. AA, 413, ORANCE f''-�n H Plan meets traditional redistricting criteria and also achieves the following: 0 Deviation of 6.8% • Creates five wards that are 50%+ Latino Citizen Voting Age Population in "B", 11CII I "D111 "Ell & "F/1 • Creates an Asian plurality ward in Ward A at 45.0% City Council 16-32 2/11/2022 ~�WW 'Maw n. Pmap GARDEN G 4, City Council o�oR� 16-33 Plan meets traditional redistricting criteria and also achieves the following: • Keeps the Sullivan Community together • Keeps Heninger Park, Wilshire Square and Downtown together • Keeps Northern Communities whole • Keeps Southern Communities whole 2/1 /2022 143,2201- ORANGE GARDEN GROVE,-.- City Council 16-34 f''-�n I Plan meets traditional redistricting criteria and also achieves the following: 0 Deviation of 1.5% • Creates five wards that are 50%+ Latino Citizen Voting Age Population in "B", 11CII I "D111 "Ell & "F/1 • Creates an Asian plurality ward in Ward A at 43.6% 2/11/2022 GARDEN G o�oR� UAR-w-, - 1,11,11- rt �.., City Council 16-35 ORANGE PI -in Plan meets traditional redistricting criteria and also achieves the following: • Keeps Northern Neighborhoods together: West Floral Park, Floral Park, Fisher Park, Morrison Eldridge Park and Park Santiago • Keeps Southern Neighborhoods together: Sandpointe, Republic Homes, Metro Classic, Thornton Park and South Coast 2/1 /2022 GARDEN GROVE --- K UAR-W, - 1,11,11- 0 1,- City Council 16-36 I Ian J Plan meets traditional redistricting criteria and also achieves the following: -- - Deviation of 1.5% • Creates five wards that are 50%+ Latino Citizen Voting Age Population in "B", 11C11 I "D111 "Ell & "F/1 • Creates an Asian plurality ward in Ward A at 43.6% 2/11/2022 GARDEN G 4, o�oR� n. ~ Pmap '41 City Council 16-37 Ian J Plan meets traditional redistricting criteria and also achieves the following: • Keeps Northern Communities whole: West Floral Park, Floral Park, Fisher Park, Morrison Eldridge Park, and Park Santiago • Keeps Southern Communities whole: Sandpointe, Republic Homes, Metro Classic, Thornton Park and South Coast 2/1 /2022 Amendments to Plans Changes to plans may need balancing and understanding of tradeoffs. Three types of changes. 1) Keeps within deviation and doesn't necessitate other changes. 2) Identifying a change and a possible tradeoff with that same ward — a "one to one swap" 3) Identify a change and a set of wards that involves multiple wards — a "rotation" City Council 16 — 38 2/1/2022 Amendments to Plans If there are proposed changes we can look at those individually and provide input on if they can be achieved easily or require more adjustments. City Council 16 — 39 2/1/2022 What's Next • Official council drafts will be made public in advance of a citywide public draft feedback hearing. • All council draft plans will go to a final plan selection hearing. • Final Plan selection hearing will consider only draft plans that have been made public for seven days. • Numbering of wards is done at the end of the process FIX-, MA"11,11- ,� rt �.., City Council 16 — 40 2/1/2022 R E D I S T R I C T I N G P A R T N E R S City Council 16 — 41 2/1/2022 ORANGE A City Council 16 — 42 2/1/2022 (10 C J N i i V Q c • a 0 GARDEN G City Council 16 — 43 2/1/2022 2020 Census A U C 11 F Population 51,970 54.838 51,067 50,459 52,413 50.90-6 Devla ton 28 2,896 -87b t,483 47-1 -t.036 Deviation % 0.1% 5.646 -1.7% -2,9% 0.9% -20% Ocher 4,350 5.461 -11,976 3,517 S,fi.51 3,327 Other % 8.4% 10.0% 235% 7.0% 7.0% 6S% Latino 28.418 43.009 3S,724 43,961 45,053 44,903 Latino % 54.7% 78.4% 66.0% 137.1% 86.0% 882% Asian 18,808 S,Y 14 4,Y 19 2.728 3.154 2.361 Asian f 36,2% 10.4% 92% SA% 6:0% ;4" 3 c-K 394 6S4 648 2SS SSS 315 Black F U.81! 1.2% 1.3% 0.5% 1.1% 0.6% Citizen Voting Age Population (CVAP) I oral CVAP 31,U24 26,862 Other CVAP 4,333 5,289 Other CVAP % 14.0% 19.7% Latino CVAP 13,278 17,060 Latino CVAP % 428% 63.5% Asian CVAP IS, I6Y S.9S4 Asian CVAP% 42.4% 14.7% Black CVAP 246 559 Black CVAP % 0.8% 2.1% c o L 29.470 26,238 20,470 20.288 11280 S,9'Y4 2,999 2,728 38.3% 151% 14.7% 13.4% 14.219 19,755 14,978 IS,S'IS 48.2% 75.3% 73.2% 768% 3,48 2.061 2,247 1,826 11.0% 7.9% 11.0% 9.0% 722 449 248 IS9 2.5% 1.7% 1.2% 0.8% City Council 16 - 44 2/1/2022 Ward A 2020 Census SANTA ANA 54% Other% Latino % Asian % Black% Citizen Votina Aae Population i 41% m w..,.. w..... w ll 0 Other% Latino % Asian % Fountain Valley 51,970 28 0.1% 4,350 8.4% 28,418 54.7% 18,808 36.2% 394 0.8%_ Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 30,998 4,173 13.5% 13,757 44.4% 12,845 41.4% 223 0.7% 09(o Bl..k % City Council 16-45 2/11/2022 Ward B 2020 Census Other% Latino% Asian% Black% Citizen Voting Age Population 65% 2% Other% Latino% Asian% Black% j 3 pi 4 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 54,838 Z896 5.6% 5,461 10.0% 43,009 78.4% 5,714 10.4% 654 1.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 27298 4,716 17.3% 17,886 65.5% 4,101 15.0% 595 2.2% City Council 16 - 46 2/1/2022 Ward C 2020 Census ORANGE wIHEI 66% SANTA ANA Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,067 -875 -1.7% 11,976 23.5% 33,724 66.0% 4,719 9.2% 648 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 31,119 11,773 37.8% 15,092 485% 3,387 10.9% 867 2.8% = m �� 1% Other% Latino% Asian% Black% Citizen Voting Age Population 48% Other% Latino% Asian% Black% City Council 16 — 47 2/1/2022 Ward D 2020 Census SGARDENS I Wezt Wa,ner A, Z a Warner Avenge 87% Other% Latino% Asian% Black% Citizen Voting Age Population Edinger Avent n.- East Warner All DYER East pynl 0 Bd 0� eta Ma<qr ej Fo va. Ma t Arthm elvd —- Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,459 -1,483 -2.9% 3517 7.0% 43,961 87.1% 2,728 5.4% 253 05% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 26679 3,802 14.3% 20,849 78.1% 1,766 6.6% 262 1.0% 14% JM- Mj� 1% Other% Latino% Asian% Black% City Council 16 — 48 2/1/2022 Ward E 2020 Census 86% 7% 6% Other % Latino % Asian % Black% Citizen voting Age Population Othar % Latino % -mn % RI.,k 9 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black% 52,413 471 0.9% 3,651 7.0% 45,053 86.0% 3,154 6.0% 555 13% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22,893 2,916 127% 17,289 75-5% 2,412 10-5% 276 1.2% City Council 16-49 2/11/2022 Ward F 2020 Census SANTA ANA 0% euowwec Other% Latino % Asian % Black% Citizen Voting Age Population % J, 50,906 -1,036 -20% 3,327 6,5% 44,903 88.2% 2,361 4.6% 315 0.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22,659 2,834 12-5% 17,798 78.5% 1,908 8.4% 119 0.5% Other % Latino % Asian % Black% City Council 16-50 2/11/2022 GARDEN GROVE-,..—,.-.— A ORANGE City Council 16-51 2/11/2022 ORANGE GARDEN G City Council 16 — 52 2/1/2022 2020 Census A B C D E F Population 49,763 53,110 53,213 53,594 50,906 Deviation -2,179 1,168 -875 1.271 1.652 -1,036 Deviation % -4.2% 2.2% 2.4% 3.2% -2.0% Other 4,307 5,419 11,976 4,053 3,200 3,327 1 Other % 8.7% 10.2% 23.5% 7.6% 6.0% 6.5% Latino 26,584 41,568 33,724 45,656 46,633 44,903 Latino% 53.4% 78.3% 66.0% 85.8% 87.0% 88.2% Asian 18,488 5,473 4,719 3,164 3,279 2.361 Asian % 37.2% 10.3% 9.2% 5.9% 6.1% 4.6% Black 384 650 648 340 482 315 Black % 0.8% 1.2% 1.3% 0.6% 0.9% 0.6% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30,076 26,197 29,470 26,977 21,345 20,288 Other CVAP 4.394 5,169 11,280 4.097 2.935 2,728 Other CVAP % 14.6% 19.7% 38.3% 15.2% 13.7% 13.4% Latino CVAP 12550 16,695 14,219 20,185 15,639 15,575 Latino CVAP % 41.7% 63.7% 48.2% 74.8% 73.3% 76.8% Asian CVAP 12,915 3,774 3,248 2,240 2500 1,826 Asian CVAP % 42.9% 14.4% 11.0% 8.3% 11.7% 9.0% Black CVAP 216 559 722 456 271 159 Black CVAP % 0.7% 2.1% 2.5% 1.7% 1.3% 0.8% City Council 16 - 53 2/1/2022 District A I ru SANTA ANA l�:daEw. Fountain Valley 49,763 -2,179 -4.2% 4,307 8.7% 26,584 53.4% 18,488 37.2% 384 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 30,076 4,394 14.6% 12,550 41.7% 12,915 42.9% 216 0.7% 2020 Census 53% Other% Latino% Asian% Black% Citizen Voting Age Population 41% 42% Other% Latino% Asian% Black% City Council 16 - 54 2/1/2022 District B SA— � a � 53,110 1,168 22% 5,419 10.2% 41,568 78.3% 5,473 10.3% 650 1.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 26,197 5,169 19.7% 16,695 63.7% 3,774 14.4% 559 23% 2020 Census 10%m� Other% Latino% Ad- % Black% Citizen Voting Age Population 63% ■ 2% Other% Latino% Asian% Black% Ei City Council 16 — 55 2/1/2022 District C ORANGE 2020 Census Mcr— 66% Other% Latino% Asian% Black% Citizen Voting Age Population 48% Other % Tu Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 51,067 -875 -1.7% 11,976 23.5% 33,724 66.0% 4,719 9.2% 648 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 29,470 11,280 38.3% 14,219 48.2% 3,248 11.0% 722 25% Latino% Asian% Black% A&I City Council 16 — 56 2/1/2022 District D Wes, War, East Warner 1 rner Ave n ovEa 4as ? Eas ,a s M 4 /5` hem .e/otl MacArthur ..M„<Ar ' 53,213 1,271 2.4% 4,053 7.6% 45,656 85.8% 3,164 5.9% 340 0.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 26,977 4,097 15.2% 20,185 74.8% 2,240 83% 456 1.7% 2020 Census 85% - 0% Other % latino % Asian % Black % Citizen Voting Age Population 5 Other % Latino % Asian % Black % 4 City Council 16 — 57 2/1/2022 District E 53594 1,652 32% 3,200 6.0% 46,633 87.0% 3,279 6.1% 482 0.9% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 21,345 2,935 13.7% 15,639 733% 2,500 11.7% 271 13% 2020 Census 87% - 0% Other% Latino% Asian% Black% Citizen Voting Age Population 73% Other% Latino% Asian% Black% balp'm City Council 16 — 58 2/1/2022 District F SANTA ANA Tustin ...... ....... 50,906 -1,036 -2.0% 3,327 6.5% 44,903 88.2% 2,361 4.6% 315 0.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 20,288 2,728 13.4% 15,575 76.8% 1,826 9.0% 159 0.8% 2020 Census 88% Other % Latino % Asian % Black % Citizen Voting Age Population —7 U'Jb Other % Latino% Asian % Black % City Council 16-59 2/11/2022 City Council 16 — 60 2/1/2022 GARDEN G N C J C- n C- m n 4f ORANGE City Council 16 — 61 2/1/2022 2020 Census A B C D E F Population 50,150 53,099 49,972 54,507 54,178 49,747 Deviation -1,792 1.157 -1.970 2,565 2,236 -2.195 Deviation % -3.5% 2.2% -3.8% 4.9% 4.3% -4.2% Other 4,373 1,607 11,873 7,660 3,851 2,918 Other % 8.7% 3.0% 23.8% 14.1% 7.1% 5.9% Latino 26,675 47,404 32.747 39,589 47,941 44,712 Latino % 53.2% 89.3% 65.5% 72.6% 88.5% 89.9% Asian 18,694 3,644 4.712 6,648 1,905 1,881 Asian % 37.3% 6.9% 9.4% 12.2% 3.5% 3.8% Black 408 444 640 610 481 236 Black % 0.8% 0.8% 1.3% 1.1% 0.9% 0.5% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30576 21,633 28,969 33,106 20,536 19,533 Other CVAP 4,355 1.271 11,207 8,019 3,341 2,412 Other CVAP % 14.2% 5.9% 38.7% 24.2% 16.3% 12.3% Latino CVAP 12,890 17,242 13,867 19,844 15,655 15,364 Latino CVAP % 42.2% 79.7% 47.9% 59.9% 76.2% 78.7% Asian CVAP 13,091 2,707 3,202 4,572 1,339 1,592 Asian CVAP % 42.8% 12.5% 11.1% 13.8% 6.5% 8.2% Black CVAP 241 414 693 671 201 164 Black CVAP % 0.8% 1.9% 2.4% 2.0% 1.0% 0.8% City Council 16 - 62 2/1/2022 District A 2020 Census 53% SANTA AN, Other % Latino % "an % Black % Citizen Voting Age Population 42% 42% Other % Latino% Asian % Black % Fountain Valley 50350 -1,792 -3-5% 4,373 8.7% 26,675 53.2% 18,694 37.3% 408 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % ASian CVAP Asian CVAP % Black CVAP Black CVAP % 30576 4_355 14.2% 12,890 42.2% 13,091 42.8% 241 0.8% City Council 16-63 2/11/2022 District B 2020 Census 89% 3% 6% Other% Latino% Asian% Black% Citizen Voting Age Population 79% 5% 1% Other% Latino% Asian% Black% Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 53,099 1,157 22% 1,607 3.0% 47,404 89.3% 3,644 6.9% 444 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 21,633 1,271 5.9% 17,242 79.7% 2,707 125% 414 1.9% City Council 16 — 64 2/1/2022 District C ORANGE 2020 Census w „ 65% Other% Latino% Asian% Black% Citizen Voting Age Population 47% Other % Tu Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 49,972 -1,970 -3.8% 11,873 23.8% 32,747 65S% 4,712 9.4% 640 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 28,969 11,207 38.7% 13,867 47.9% 3,202 113% 693 2.4% Latino% Asian% Black% A&I City Council 16 - 65 2/1/2022 District D 2020 Census 72% Ea31 W„ Other Latino% Asian% Black% Citizen Voting Age Population 24% 13% ol Other% Latino% Asian% Black% Population Deviation Deviation% Other Other% Latino Latino% 54,507 2,565 4.9% 7,660 14.1% 39589 72.6% Asian Asian% 6,648 122% Black Black% 610 13% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 33,106 8,019 24.2% 19,844 59.9% 4,572 13.8% 671 2.0% City Council 16 — 66 2/1/2022 District E Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 54,178 2,236 43% 3,851 7.1% 47,941 885% 1,905 3.5% 481 0.9% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 20,536 3,341 163% 15,655 762% 1,339 65% 201 1.0% 2020 Census 88% 7% - 3% 0% Other % Latino % Asian % Black % Citizen Voting Age Population 76% 6% - 1% Other% Latino% Asian% Black% I City Council 16 — 67 2/1/2022 District F SANTA AN, Tustin is 2020 Census 89% 5% 01 0% Th. .i. n -% Black % Citizen Voting Age Population 70% 12% 8% 0% Other % Latino% Asian % Black % -TPeak Deviation Deviation % Other Other% Latino Latino % Asian Asian % Black Black% 49,747 -2,195 -4.2% 2,918 5.9% 44,712 89.9% 1,881 3.8% 236 05% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 19,533 2,412 123% 15,364 78.7% 1,592 8.2% 164 0.8% City Council 16-68 2/11/2022 ORANGE GARDEN GROVE- ,..-,.-.- I A-- B Tustin A-- C City Council 16-69 2/11/2022 GARDEN G N C J C- n 4f ORANGE City Council 16 — 70 2/1/2022 2020 Census A B C D E F Population 50,150 53,554 53,390 52,172 49,110 53,277 Deviation -1,792 1,612 1,448 230 -2,832 1,335 Deviation % -3.5% 3.1% 2.8% 0.4% -5.5% 2.6% Other 4,373 2,315 11,101 8,110 1,791 4,592 Other % 8.7% 4.3% 20.8% 15.5% 3.6% 8.6% Latino 26,675 46,342 38,198 37,386 44.508 45,959 Latino % 53.2% 86.5% 71.5% 71.7% 90.6% 86.3% Asian 18,694 4,533 3,368 6,023 2,521 2,345 Asian % 37.3% 8.5% 6.3% 11.5% 5.1% 4.4% Black 408 364 723 653 290 381 Black % 0.8% 0.7% 1.4% 1.3% 0.6% 0.7% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30576 22,738 26,797 30,510 22,850 20,882 Other CVAP 4,355 2,152 10,179 7,962 1,720 4,235 Other CVAP % 14.2% 9.5% 38.0% 26.1% 7.5% 20.3% Latino CVAP 12,890 16,808 13,716 17,900 18,967 14582 Latino CVAP % 42.2% 73.9% 51.2% 58.7% 83.0% 69.8% Asian CVAP 13,091 3,466 2,180 4,041 1,858 1,866 Asian CVAP % 42.8% 15.2% 8.1% 13.2% 8.1% 8.9% Black CVAP 241 311 721 607 305 199 Black CVAP % 0.8% 1.4% 2.7% 2.0% 1.3% 1.0% City Council 16 - 71 2/1/2022 District A 2020 Census 53% SANTA AN, Other % Latino % "an % Black % Citizen Voting Age Population 42% 42% Other % Latino% Asian % Black % Fountain Valley 50350 -1,792 -3-5% 4,373 8.7% 26,675 53.2% 18,694 37.3% 408 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % ASian CVAP Asian CVAP % Black CVAP Black CVAP % 30576 4_355 14.2% 12,890 42.2% 13,091 42.8% 241 0.8% City Council 16-72 2/11/2022 District B ;ROVE, waa nm s, SANTA ANA I ow Etlm�e, nvoone i E tl nger Avenue F. <I�nyer Avenue o Etlinger Avenue a NOFTH ISLAND, m v+ SAITAANA 53554 1,612 3.1% 2,315 43% 46,342 865% 4,533 85% 364 0.7% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22,738 2,152 95% 16,808 73.9% 3,466 15.2% 311 1.4% 2020 Census 86% 4% 0% 4 Other% Latino% Asian% Black% Citizen Voting Age Population 73% 9% M.- = 1% other% Latino% Asian% Black% 4 City Council 16 - 73 2/1/2022 District C 53,390 1,448 2.8% 11,101 20.8% 38,198 71S% 31368 6.3% 723 1.4% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 26,797 10,179 38.0% 13,716 51.2% 2,180 8.1% 721 2.7% 2020 Census 71% 20% 6% LatinoOther % Citizen Voting Age Population 51% Other % Latino% Asian% Black% City Council 16 — 74 2/1/2022 District D y m , IRVINE ,Fr� san Diego Ereaway San D�ogo Froeway BUSINESS COMRLEX 52,172 230 0.4% 8,110 15.5% 37,386 71.7% 6,023 11.5% 653 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 30,510 7,962 26.1% 17,900 58.7% 4,041 13.2% 607 2.0% 2020 Census 71% Other% Iatino% Asian% Black% Citizen Voting Age Population Emm2% Other % Latino % Asian % Black % City Council 16 — 75 2/1/2022 District E E 49,110 -2,832 -55% 1,791 3.6% 44508 90.6% 2521 5.1% 290 0.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22,850 1,720 75% 18,967 83.0% 1,858 8.1% 305 1.3% 2020 Census 90% % 0% Other % Latino % Asian % Black % Citizen Voting Age Population 83% Other% Latino% Asian% Black% City Council 16 — 76 2/1/2022 District F 2020 Census 86% 8% 4% 0% Other % Latino % Asian % Black % Citizen Voting Age Population Tustin 69% 20%;j 8% % Other % Latino% Asw % Black % ..... .... .. ------- ---- 53,277 1-535 2.6% 4592 8.6% 45 959 86.3% 2,345 4.4% 381 0.796 Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 20,882 4,235 203% 14,582 69.8% 1,866 8,9% 199 1.0% City Council 16-77 2/11/2022 GARDEN GPOVE- Lr) 0 00 n Z=I LL C: m n F Le City Council 16-78 2/11/2022 2020 Census A B C D E F Population 52,194 52,513 - 53,333 51,250 50,885 51,478 Deviation 252 571 1.391 -692 -1,057 -464 Deviation % 0.5% 1.1%� 2.7% -1.3% -2.0% -0.9% Other 4,426 8,495 12,018 1,497 3,611 2,235 1 Other % 8.5% 16.2% 22.5% 2.9% 7.1% 4.3% Latino 28,188 36,741 37.093 46,182 44,182 46,682 Latino % 54.0% 70.0% 69.5% 90.1% 86.8% 90.7% Asian 19,162 6,613 3,596 3,176 2,542 2.395 Asian % 36.7% 12.6% 6.7% 6.2% 5.0% 4.7% Black 418 664 626 395 550 166 Black % 0.8% 1.3% 1.2% 0.8% 1.1% 0.3% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,340 31,254 29,495 19,761 18,651 23,850 Other CVAP 4.384 8,313 11,454 944 3,134 2,374 Other CVAP % 14.0% 26.6% 38.8% 4.8% 16.8% 10.0% Latino CVAP 13,073 17,957 14,933 16,021 13,701 19,177 Latino CVAP % 41.7% 57.5% 50.6% 81.1% 73.5% 80.4% Asian CVAP 13,645 4,374 2,425 2,388 1,521 2,150 Asian CVAP % 43.5% 14.0% 8.2% 12.1% 8.2% 9.0% Black CVAP 239 609 684 408 295 150 Black CVAP % 0.8% 1.9% 2.3% 2.1% 1.6% 0.6% City Council 16 - 79 2/1/2022 District A GARDEN GROVE,..,.—,.,,. - 7 SANTA ANA7 Fountain Valley o°ba 52,194 252 0.5% 4,426 85% 28,188 54.0% 19,162 36.7% 418 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 31,340 4,384 14.0% 13,073 41.7% 13,645 435% 239 0.8% 2020 Census 54% 8% = = 0% .the, % lati- % Ad- % Mack % Citizen Votina Aae Population 41% 43% � - - 0% Other % Latino % Asian % Black % City Council 16-80 2/11/2022 District B s` Y LL IRVINE 5an-9u—Y San 9 BUSINESS COMPLEX P°e 2020 Census 70% 1% Other% Latino% Asian% Black% Citizen Voting Age Population 57-% 1% Other % Latino % Asian % Black % Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 52,513 571 1.1% 8,495 16.2% 36,741 70.0% 6,613 12.6% 664 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 31,254 8,313 26.6% 17,957 575% 4,374 14.0% 609 1.9% City Council 16 — 81 2/1/2022 District C E „rh _.,NTA ANA` Tusnn PACIFIC PAFN 3 F 53,333 1,391 2.7% 12,018 22S% 37,093 69.5% 3,596 6.7% 626 1.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 29,495 11,454 38.8% 14,933 50.6% 2,425 82% 684 23% 2020 Census 69% 22% 6% - 1% Other% Latino% Asian% Black% Citizen Votina Aae Population 50% Other % Latino % Asian % Black % 41 City Council 16 — 82 2/1/2022 District D 2020 Census 90% WILSHIRE SQUARE NORTH I' SANTA 51,250 -692 -1.3% 1,497 2.9% 46,182 90.1% 3376 6.2% 395 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 19,761 944 4.8% 16,021 81.1% 2,388 121% 408 2.1% 2% ME 0% Other% Latino% Asian% Black% Citizen Votina Aae Population 81% Other % Latino % Asian % Black % 4m City Council 16 — 83 2/1/2022 District E 2020 Census 86% 7% 5% 1% Other % Latino% .,.Cl% Citizen Age 12o% mda+;~% —rx Voting 73% Other % Latino % Asian % Black % 2 sauwueE 50,885 -1,057 -2.0% 3,611 7.1% 44,182 86.8% 2,542 5.0% 550 13% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 18,651 3,134 16.8% 13,701 735% 1,521 8.2% 295 1.6% City Council 16-84 2/11/2022 District F 2020 Census 90% 0% Other% Latino% Asian% Black% - - Citizen Voting Age Population a E 80% SQUARE -fr Other % Latino % Asian % Black % 51,478 -464 -0.9% 2,235 43% 46,682 90.7% 2,395 4.7% 166 0.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 23,850 2,374 10.0% 19,177 80.4% 2,150 9.0% 150 0.6% City Council 16 — 85 2/1/2022 rn M Ln 0 U C- n City Council 16 — 86 2/1/2022 2020 Census A B C D E F Population 52,243 53,359 ' 50,891 51,127 51,544 52,489 Deviation 301 1,417 -1,051 -815 -398 547 Deviation % 0.6% 2.7% ' -2.0% -1.6% -0.8% 1.1% Other 4,443 7,861 10,533 3,697 1,571 4,177 Other % 8.5% 14.7% 20.7% 7.2% 3.0% 8.0% Latino 28,219 37,532 36.678 45,221 45,859 45,559 Latino % 54.0% 70.3% 72.1% 88.4% 89.0% 86.8% Asian 19,162 7.306 3,159 1,780 3,665 2,412 Asian % 36.7% 13.7% 6.2% 3.5% 7.1% 4.6% Black 419 660 521 429 449 341 Black % 0.8% 1.2% 1.0% 0.8% 0.9% 0.6% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,295 31,664 26,200 21,568 21,229 22,396 Other CVAP 4,379 8.029 9.828 3,160 1,262 3,945 Other CVAP % 14.0% 25.4% 37.5% 14.6% 5.9% 17.6% Latino CVAP 13,039 18,090 13,680 16,893 16,853 16,306 Latino CVAP % 41.7% 57.1% 52.2% 78.3% 79.4% 72.8% Asian CVAP 13,640 4,849 2,024 1,371 2,680 1,938 Asian CVAP % 43.6% 15.3% 7.7% 6.4% 12.6% 8.7% Black CVAP 236 696 668 144 434 206 Black CVAP % 0.8% 2.2% 2.6% 0.7% 2.0% 0.9% City Council 16 - 87 2/1/2022 District A GARDEN GROVE. F I— V.11-y f SANTA ANA' 52,243 301 0.6% 4,443 8-5% 28,219 54.0% 19,162 36.7% 419 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 31,295 4,379 14.0% 13,039 41.7% 13,640 43.6% 236 0.8% 2020 Census 54% 8% 0% .the, % 1.11n. % Asian % Mack % 41% 43% - - - 0% Other % Latino % Asian % Black % City Council 16-88 2/11/2022 District B 2020 Census 70% NORTH ISLAND. WILSHIRE SQUARE MADISON PARK W Edlnyer A— E CEL EVER( SANTA ANA MEMORIAL PARK i DELHI - - 3j Q n a �0a m o' 0 a 53,359 1,417 2.7% 7,861 14.7% 37,532 70.3% 7,306 13.7% 660 1.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 31,664 8,029 25.4% 18,090 57.1% 4,849 153% 696 2.2% Other% Latino% Asian% Black% Citizen Voting Age Population 57--% Other % Latino % Asian % Black % City Council 16 - 89 2/1/2022 District C 2020 Census 72 % ORANGE M 20% �rrde, 6% A, � 1% Other% Latino% Ad- % Black% Citizen Voting Age Population CDW MABUBVPAPK 3 K i SADDLEBACK SANTA ANA' VIEW d U m tl41 50,891 -1,051 -2.0% 10,533 20.7% 36,678 723% 31159 6.2% 521 1.0% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 26,200 9,828 37.5% 13,680 52.2% 2,024 7.7% 668 2.6% 52% Other % Latino % Asian % Black % *0 City Council 16 — 90 2/1/2022 2020 Census 88% view g 7% 3% 0% Other % Latino% Asian % Black % M. Citizen Voting Age Population 78% 0% a A. 6% evexcxeex Other % Latino% Asian % Black % Population Deviation Deviation % Other Other% Latino Latino, % Asian Asian % Black Black% 51,127 -815 -1.6% 3,697 7.2% 45,221 88.4% 1,780 3-5% 429 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 21,568 3,160 14.6% 16,893 78.3% I'm 6.4% 144 0.7% District D City Council 16-91 2/11/2022 District E I NORTH tSLI I, 51,544 -398 -0.8% 1571 3.0% 45,859 89.0% 3,665 7.1% 449 0.9% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 21,229 1262 5.9% 16,853 79.4% 2,680 12.6% 434 2.0% 2020 Census 89 % 3% 0% Other% Latino% Asian% Black% Citizen Votina Aae Population — 12% 5% 2% Other % Latino % Asian % Black % 4 City Council 16 — 92 2/1/2022 District F 2020 Census 86% 8% 4% 0% Other % Latino % Asian % Black % Citizen Voting Age Population 72% 17% 8% 0% Other % Latino% Asian% Black% 2 Population Deviation Deviation % Other Other% Latino Latino, % Asian Asian % Black Black% 52,489 547 1.1% 4,177 8.0% 45,559 86.8% 2,412 4.6% 341 0.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22,396 3,945 17.6% 16,306 72.8% 1,938 8.7% 206 0.9% City Council 16-93 2/11/2022 GARDEN GPOVE- FZ, 0 Ln n P-M 97 ORANGE City Council 16-94 2/11/2022 2020 Census A B C D E F Population 49,657 51,378 53,209 52,889 52,634 51,886 Deviation -2,285 -564 1,267 947 692 -56 ■ Deviation % -4.4% -1.1% 2.4% 1.8% 1.3% -0.1% Other 3,538 8,492 8,926 2,118 1,621 7,587 Other % 7.1% 16.5% 16.8% 4.0% 3.1% 14.6% Latino 27,405 33.876 40,435 49,253 47,300 40,799 Latino% 55.2% 65.9% 76.0% ■ 93.1% 89.9% 78.6% Asian 18,391 8,286 3,158 1,412 3,252 2,985 Asian % 37.0% 16.1% 5.9% 2.7% 6.2% 5.8% Black 323 724 690 106 461 515 Black % 0.7% 1.4% 1.3% 0.2% 0.9% 1.0% ■ Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 28,775 32,072 23,699 23,230 21,429 25,146 Other CVAP 3,430 8,580 7,302 2,201 1,312 7,778 Other CVAP % 11.9% 26.8% 30.8% 9.5% 6.1% 30.9% Latino CVAP 12,252 17,172 13,923 19,617 17,328 14,570 Latino CVAP % 42.6% 53.5% 58.7% 84.4% 80.9% 57.9% Asian CVAP 12,937 5,534 2,038 1,395 2,370 2,229 Asian CVAP % 45.0% 17.3% 8.6% 6.0% 11.1% 8.9% Black CVAP 156 787 437 17 419 568 Black CVAP % 0.5% 2.5% 1.8% 0.1% 2.0% 2.3% City Council 16 - 95 2/1/2022 District A GARDEN GROVE:,.,, I� SAN' 1 _ I linger A- _ r p NORTH ISLAND m 49,657 -2,285 -4.4% 3,538 7.1% 27,405 55.2% 18,391 37.0% 323 0.7% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 28,775 3,430 11.9% 12,252 426% 12,937 45.0% 156 05% 2020 Census 7% _.- Other% -:tint,% — Asian% Black % 45% 42% - - 0% Other % Latino % Asian % Black % A( City Council 16 — 96 2/1/2022 District B 2020 Census ^r ` 65% w [einge .e w[einyor are. F E[[� `� s 16 16%- uesu=wA ax „ F a 1% Other% Latino% Asian% Black% ww Citizen Voting Age Population " 53% Other % Latino % Asian % Black % 51,378 -564 -13% 8,492 165% 33,876 65.9% 8,286 16.1% 724 1.4% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 32,072 8580 26.8% 17,172 535% 5,534 173% 787 25% City Council 16 — 97 2/1/2022 District C 53,209 1,267 2.4% 8,926 16.8% 40,435 76.0% 31158 5.9% 690 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 23,699 7,302 30.8% 13,923 58.7% 2,038 8.6% 437 1.8% 2020 Census 76% Other% Latino% Asian% Black% Citizen Votina Aae Population Other % Latino% Asian% Black% AN City Council 16 — 98 2/1/2022 District D 52,889 947 1.8% 2,118 4.0% 49,253 933% 1,412 2.7% 106 0.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 23,230 2,201 95% 19,617 84.4% 1,395 6.0% 17 0.1% 2020 Census m 2% 0 % Other% Latino% Asian% Black% Citizen Votina Aae Population 84% Other % Latino % Asian % Black % City Council 16 — 99 2/1/2022 District E r s 3 2020 Census 89% 3% F = 0% Other % Latino % Asian % Black % Citizen Voting Age Population 80% 11% 2% m Other % Latino % Asian % Black % WILSIIPE SQUARE Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 52,634 692 1.3% 1,621 3.1% 47,300 89.9% 3,252 6.2% 461 0.9% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 21,429 1,312 6.1% 17,328 80.9% 2,370 113% 419 2.0% City Council 16 — 100 2/1/2022 District F EDNA :AP, NORTH ISLAND SANTA Al 2020 Census NORTH TUSTIN LEMON HEIGHTS 5% 1% Other % Latino % Asian Black % Tusty Citizen Voting Age Population 57--% WIC` WALNUT USTIN LEGACY ELCAMIN0 REAL %, WESTPARK IRVINE 51,886 -56 -0.1% 7587 14.6% 40,799 78.6% 2,985 5.8% 515 1.0% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 25,146 7,778 30.9% 14,570 57.9% Z229 8.9% 568 23% _ 2% Other % Latino % Asian % Black % City Council 16 — 101 2/1/2022 GARDEN GPOVE- OD n CO P-M a] City Council 16-102 2/11/2022 2020 Census A B C D E F Population 52,223 52,241 ' 51,993 . 52,006 51,455 51,735 Deviation 281 299 51 64 -487 -207 Deviation % 0.5% 0.6% ' 0.1% 0.1% -0.9% -0.4% Other 4,442 8,724 11,953 1,493 3,667 2,003 Other % 8.5% 16.7% 2.9% 7.1% 3.9% Latino 28,200 35,182 35,842 47,265 44.508 48,071 1 Latino% 54.0% 67.3% 68.9% 90.9% 86.5% 92.9% Asian 19,162 7,615 3,580 2,839 2,725 1.563 Asian % 36.7% 14.6% 6.9% 5.5% 5.3% 3.0% Black 419 720 618 409 555 98 Black % 0.8% 1.4% 1.2% 0.8% 1.1% 0.2% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,241 32,136 29,177 19,947 19,276 22,575 Other CVAP 4,374 8,694 11,421 950 3.157 2,008 Other CVAP % 14.0% 27.1% 39.1% 4.8% 16.4% 8.9% Latino CVAP 12,999 17,645 14,690 16,345 14,187 18,997 Latino CVAP % 41.6% 54.9% 50.3% 81.9% 73.6% 84.2% Asian CVAP 13,634 5,074 2,425 2,232 1,629 1,508 Asian CVAP % 43.6% 15.8% 8.3% 11.2% 8.5% 6.7% Black CVAP 234 723 641 421 303 62 Black CVAP % 0.7% 2.3% 2.2% 2.1% 1.6% 0.3% City Council 16 - 103 2/1/2022 District A GARDENGROVE L VIA��' F—t- 2020 Census 54% 8% 0% SANTA ANA Other % Latino% Ad- % Black % Citizen Votina Aae Population 52,223 281 0.5% 4,442 8.5% 28,200 54.0% 19,162 36.7% 419 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 31,241 4,374 14.0% 12,999 41.6% 13,634 43.6% 234 0.7% 41% 43% � - - 0% Other % Latirio% Amain % Black % A City Council 16-104 2/11/2022 District B SQUARE - - MADISON PARK .. W Edinger A- I E Ed -,- Ave. CEDAR EVERGREEN SANTA ANA MEMORIAL PARK f Pec a pa m i ma u IRVINE San 0ie90 Fw San Diega p BUSINESS �Y COMPLEX Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 52,241 299 0.6% 8,724 16.7% 35,182 673% 7,615 14.6% 720 1.4% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 32,136 8,694 27.1% 17,645 54.9% 5,074 15.8% 723 23% 2020 Census 67 % Other% Latino% Asian% Black% Citizen Voting Age Population Other % Latino % Asian % Black % 2r, City Council 16 - 105 2/1/2022 District C SANTA ANA' Tustin PACIFIC PARK 3 £ F 51,993 51 0.1% 11,953 23.0% 35,842 68.9% 3580 6.9% 618 1.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 29,177 11,421 393% 14,690 503% 2,425 83% 641 2.2% 2020 Census 68% 23% m, 6% — 1% Other % Latino % Asian % Black % Citizen Voting Age Population 50% Other % Latino % Asian % Black % 41 City Council 16 — 106 2/1/2022 District D 2020 Census 90% P WILSMIAt SQUARE • ..Se, Aw .` __ ...... - W Emns.r Ave. W Edi.q., Aae NORTH o SANTAANA CARD— SANTA= N m MEMORIAL RARK 52,006 64 0.1% 1,493 2.9% 47,265 90.9% 2,839 SS% 409 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 19,947 950 4.8% 16,345 81.9% 2,232 11.2% 421 23% 2% % 0% Asi Other% Latino% an% Black% Citizen Votina Aae Population 81% Other % Latino % Asian % Black % City Council 16 — 107 2/1/2022 District E EDNA PARK 2020 Census 86% 1% Other% Latino% Asian% Black% Citizen Votina Aae Population 73% K SADDI. SANTA ANA " wl 144 Ly( Other % Latino % Asian % Black % WILSHIRE 51,455 -487 -0.9% 3,667 7.1% 44508 865% 2,725 5.3% 555 13% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 19,276 3,157 16.4% 14,187 73.6% 1,629 8S% 303 1.6% City Council 16 — 108 2/1/2022 District F l a` °9 51,735 -207 -0.4% 2,003 3.9% 48,071 92.9% 1,563 3.0% 98 0.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22575 2,008 8.9% 18,997 84.2% 1,508 6.7% 62 03% 2020 Census 3% 3% 0% Other% Latino% Asian% Black% Citizen Votina Aae Population 84% ■ 8% - 0% Other % Latino % Asian % Black % City Council 16 — 109 2/1/2022 GARDEN GROVE----.- QO (N 0 C- m n 4f ORANGE Tustin City Council 16-110 2/11/2022 2020 Census A B C D E F Population 52,003 52,452 52,490 52,064 51,803 50,841 Deviation 61 510 548 122 -139 -1,101 Deviation % 0.1% 1.0% 1.1% 0.2% -0.3% -2.1% Other 3,718 9,255 11597 1,976 3,043 2,693 Other % 7.1% 17.6% 22.1% 3.8% 5.9% 5.3% Latino 29,071 34.838 36,702 46.519 45,773 46.165 Latino % 55.9% 66.4% 69.9% 89.3% 88.4% 90.8% Asian 18,864 7,629 3,565 3,133 2.561 1,732 Asian % 36.3% 14.5% 6.8% 6.0% 4.9% 3.4% Black 350 730 626 436 426 251 Black % 0.7% 1.4% 1.2% 0.8% 0.8% 0.5% Citizen Voting Age Population (CVAP) _ A B C D E F Total CVAP 30,082 32,937 28,522 22,518 20,940 19,354 Other CVAP 3,534 8,982 11,186 1,919 2,702 2,279 Other CVAP % 11.7% 27.3% 39.2% 8.5% 12.9% 11.8% Latino CVAP 12,986 18,005 14,392 17,948 16,316 15,215 Latino CVAP % 43.2% 54.7% 50.5% 79.7% 77.9% 78.6% Asian CVAP 13,376 5,266 2,230 2,192 1,760 1,679 Asian CVAP % 44.5% 16.0% 7.8% 9.7% 8.4% 8.7% Black CVAP 185 684 714 459 161 181 Black CVAP % 0.6% 2.1% 2.5% 2.0% 0.8% 0.9% City Council 16 - 111 2/1/2022 District A GARDEN GROVEaardenerm. —d mFJ n Gasdmn_ Trash Avenue Trask Avenue COLONIA West mini[er Ave Wvst Minster Ave ANZANIELA eI tl. tl it eoESA r,:�sn SAN IFiI %il IL41L+1 _ linger Art�nue Edinger NORTH - W Etlingvr 4vc - IN Etlir ISLAND m 52,003 61 0.1% 3,718 7.1% 29,071 55.9% 18,864 36.3% 350 0.7% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 30,082 3,534 11.7% 12,986 43.2% 13,376 445% 185 0.6% 2020 Census 55% — _ _M 0% Other% Latino% Asian% Black% Citizen Voting Age Population 43% 44% 1- mm 0% Other% Latino% Asian% BLack% !I City Council 16 — 112 2/1/2022 District B Sa��Coast D� ; �a90 F� LL 'NILSHIRE SQUARE San Dlego Fwy San Diogo F E M�In Stre, 2020 Census 66% 1% Other% Latino% Asian% Black% Citizen Voting Age Population 54% Other % Latino % Asian % Black % 52,452 510 1.0% 9,255 17.6% 34,838 66.4% 7,629 14.5% 730 1.4% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % AM 32,937 8,982 27.3% 18,005 54.7% 5,266 16.0% 684 23% City Council 16 — 113 2/1/2022 District C K SANTA ANAs Tustin PACIFIC PAPK Snn ly 4na F 3 ( r Pic 52,490 548 1.1% 11597 223% 36,702 69.9% 3565 6.8% 626 1.2% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 28522 11,186 39.2% 14,392 505% 2,230 7.8% 714 25% 2020 Census 69% 22% m Other% Iatino% Asian% Black% Citizen Voting Age Population 50% Other % Latino % Asian % Black % A69- City Council 16 — 114 2/1/2022 District D ws u 2020 Census 89% a s x F 3% 6% 0% Other % Latino % Asian % Black % Citizen Voting Age Population =r Population Deviation Deviation% Other Other% Latino Latino% Asian Asian% Black Black% 52,064 122 0.2% 1,976 3.8% 46519 89.3% 3,133 6.0% 436 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 22,518 1,919 85% 17,948 79.7% 2,192 9.7% 459 2.0% 8% 2% Other % Latino % Asian % Black % City Council 16 — 115 2/1/2022 District E 2020 Census 88% FRENCI _ 0% vae Other% Latino% Asian% Black% Citizen Voting Age Population 12% 8% —� 0% other% Latino% Asian% Black% Pft 51,803 -139 -0.3% 3,043 5.9% 45,773 88.4% 2561 4.9% 426 0.8% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 20,940 2,702 12.9% 16,316 77.9% 1,760 8.4% 161 0.8% City Council 16 — 116 2/1/2022 District F SANTA ANA£ =��AAE � Man,so�aaax 2020 Census 90% - 3% 0% Other % Latino % Asian % .lack % Citizen Voting Age Population BROWNING 0 78% 8% - 0% Other% Latino% Asian% Black% 50,841 -1,101 -21% 2,693 5.3% 46,165 90.8% 1,732 3.4% 251 05% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 19,354 2,279 11.8% 15,215 78.6% 1,679 8.7% 181 0.9% City Council 16 — 117 2/1/2022 GARDEN GROVE._, DNA PAID m SANTA ANA TPIANCLE Z A SANI HNH E Council 16 — 118 YOUNG SQUARE C MABUPVPAPH SADDLEBACK LVON STPFFTF F 2/1 /2022 Tustin Draft Plan J (ID102694) 2020 Census A B C D E F Population 52,003 52,452 52,490 52,064 51,803 50,841 Deviation 61 510 548 122 -139 -1,101 Deviation % 0.1% 1.0% 1.1% 0.2% -0.3% -2.1% Other 3,718 9,255 11,597 1,976 3,043 2,693 Other % 7.1% 17.6% 22.1% 3.8% 5.9% 5.3% Latino 29,071 34,838 36,702 46,519 45,773 46,165 Latino % 55.9% 66.4% 69.9% 89.3% 88.4% 90.8% Asian 18,864 7,629 3,565 3,133 2,561 1,732 Asian % 36.3% 14.5% 6.8% 6.0% 4.9% 3.4% Black 350 730 626 436 426 251 Black % 0.7% 1.4% 1.2% 0.8% 0.8% 0.5% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30,082 32,937 28,522 22,518 20,940 19,354 Other CVAP 3,534 8,982 11,186 1,919 2,702 2,279 Other CVAP % 11.7% 27.3% 39.2% 8.5% 12.9% 11.8% Latino CVAP 12,986 18,005 14,392 17,948 16,316 15,215 Latino CVAP % 43.2% 54.7% 50.5% 79.7% 77.9% 78.6% Asian CVAP 13,376 5,266 2,230 2,192 1,760 1,679 Asian CVAP % 44.5% 16.0% 7.8% 9.7% 8.4% 8.7% City Council 16 - 119 2/1/2022 Black CVAP 185 684 714 459 161 181 Black CVAP % 0.6% 2.1% 2.5% 2.0% 0.8% 0.9% District A GARDEN GROVE:.,...,:_•,,,,. ; n L NORTH ISLAND Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2020 Census MMM - 0% Other % Latino % Asian % Black % Citizen Voting Age Population 43% 44% Latino % Asian 0/6 2/1 /2022 District B a FL Draft Plan J (ID102694) o` SQUARE e N N S MADISON PARK -- E Edinger A, CEDAR ++ EVERGREEN 1� t. E Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,452 510 1.0% 9,255 17.6% 34,838 66.4% 7,629 14.5% 730 1.4% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian ?VAP % Black CVAP Black CVAP % 32,937 8,982 27.3% 18,005 54.7% 5,266 16.0% 684 2.1% Ala 2020 Census 66% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 54% 16% E—W 2% Other % Latino % Asian % Black % 2/1 /2022 District C f EDN SANTA ANA. I-- q — Tustin PACIFIC PARK S J�td Y 3 m Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,490 548 1.1% 11,597 22.1% 36,702 69.9% 3,565 6.8% 626 1.2% Total CVAP Otherq +VPCnm n'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 28,522 11,186 39.2% 14,392 50.5% 2,230 7.8% 714 2.5% 2020 Census 69% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 5O% 2% Other % Latino % Asian % Black % 2/1 /2022 District D NORTH ISLAND 2020 Census we,t 3rd St— Sereet Ea. 89% West 1st Street E., 3 £ E k Ec In E E, a e E Wa SIXRH SANTA Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,064 122 0.2% 1,976 3.8% 46,519 89.3% 3,133 6.0% 436 0.8% Total CVAP Otherq +VPCnmnr VAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian ?�AP % Black CVAP Black CVAP % p 6% 0% Other % Latino % Asian % Black % Citizen Voting Age Population 79% Other % Latino % Asian % Black % 2/1 /2022 22,518 1,919 8.5% 17,948 79.7% 2,192 9.7% 459 2.0% District E 2020 Census 88% SANTA AI TRIANGI .-try tV 17tM1 S; FRENCI 3 5% o Other % Latino % Asian % Black % Citizen Voting Age Population o Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,803 -139 -0.3% 3,043 5.9% 45,773 88.4% 2,561 4.9% 426 0.8% Total CVAP OtherqVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 �sian ?&P % Black CVAP Black CVAP % 20,940 2,702 12.9% 16,316 77.9% 1,760 8.4% 161 0.8% 12% o°ro Other % Latino % Asian % Black % 2/1 /2022 District F K SANT ANA' PACIFIC PARK WILSHIRE SQUARE SANTA ANA MEMORIAL PARK LVON STF' MADISON PARK E Edinyer Avg CEDAR EVERGREEN DELHI E Warner AveTA 2020 Census 90% vvmc Blva. Irvine Blvd ustin 0 - 0% Other % Latino % Asian % Black % San °a`wy Citizen Voting Age Population BROWNING BROWNIE STATION- 78% 3Q `` �¢ a n� a 9na ti _ Y a 9fl ZF lq� pa 11% 8% - 0% Other% Latino% Asian% Black% o E TUSTIN LECACV cF- Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,841 -1,101 -2.1% 2,693 5.3% 46,165 90.8% 1,732 3.4% 251 0.5% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian ?�AP % Black CVAP Black CVAP % 19,354 2,279 11.8% 15,215 78.6% 1,679 8.7% 181 0.9% 2/1 /2022 ORANGE GARDEN GROVE;_,._,._. L U l0 Ln L9 00 0 LL m n A 0 FBI F B Council 16 — 126 1 / 2/1/2022 irrent 2020 Census A B C D E F Population 52,194 52,513 53,333 51,250 50,885 51,478 Deviation 252 571 1,391 -692 -1,057 -464 Deviation % 0.5% 1.1% 2.7% -1.3% -2.0% -0.9% Other 4,426 8,495 12,018 1,497 3,611 2,235 Other % 8.5% 16.2% 22.5% 2.9% 7.1% 4.3% Latino 28,188 36,741 37,093 46,182 44,182 46,682 Latino % 54.0% 70.0% 69.5% 90.1% 86.8% 90.7% Asian 19,162 6,613 3,596 3,176 2,542 2,395 Asian % 36.7% 12.6% 6.7% 6.2% 5.0% 4.7% Black 418 664 626 395 550 166 Black % 0.8% 1.3% 1.2% 0.8% 1.1% 0.3% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,340 31,254 29,495 19,761 18,651 23,850 Other CVAP 4,384 8,313 11,454 944 3,134 2,374 Other CVAP % 14.0% 26.6% 38.8% 4.8% 16.8% 10.0% Latino CVAP 13,073 17,957 14,933 16,021 13,701 19,177 Latino CVAP % 41.7% 57.5% 50.6% 81.1% 73.5% 80.4% Asian CVAP 13,645 4,374 2,425 2,388 1,521 2,150 Asian CVAP % 43.5% 14.0% 8.2% 12.1% 8.2% 9.0% City Council 16 - 127 2/1/2022 Black CVAP 239 609 684 408 295 150 Black CVAP % 0.8% 1.9% 2.3% 2.1% 1.6% 0.6% urrent District A GARDEN GROVE.,.,..-.... Fountain Valley n�°P Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,194 252 0.5% 4,426 8.5% 28,188 54.0% 19,162 36.7% 418 0.8% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian MP % Black CVAP Black CVAP % 31,340 4,384 14.0% 13,073 41.7% 13,645 43.5% 239 0.8% IML 2020 Census 54% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 41% 43% Other % Latino % Asian 2/1 /2022 0% Black % District B S urrent ego Fy _ woe F IRVINE San Diego Fw San Diego BUSINESS COMPLEX M Go ain Sbent _ Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,513 571 1.1% 8,495 16.2% 36,741 70.0% 6,613 12.6% 664 1.3% Total CVAP OtherqVAPC(9m9'C6P % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 31,254 8,313 26.6% 17,957 57.5% 4,374 14.0% 609 1.9% 2020 Census 70% 16% 12% � m � 1% Other % Latino % Asian % Black % Citizen Voting Age Population 57% Other % Latino % Asian % 2/1 /2022 1% Black % urrent District C Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,333 1,391 2.7% 12,018 22.5% 37,093 69.5% 3,596 6.7% 626 1.2% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian NAP % Black CVAP Black CVAP % 29,495 11,454 38.8% 14,933 50.6% 2,425 8.2% 684 2.3% 2020 Census 69% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 5O% Other 81/0 2% Latino % Asian % Black W. 2/1 /2022 urrent District D L.- Avenue Z NOPTH ISf ANP _ 2 O � _ Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,250 -692 -1.3% 1,497 2.9% 46,182 90.1% 3,176 6.2% 395 0.8% Total CVAP OtherqVAPCQtRrgUP % Latino CVAP Latino CVAP % Asian CVAP1 �sian �&P % Black CVAP Black CVAP % 19,761 944 4.8% 16,021 81.1% 2,388 12.1% 408 2.1% 2020 Census 90% 2% 0% Other % Latino % Asian % Black % Citizen Voting Age Population 81% - 2% Other % Latino % Asian % Black % 2/1 /2022 urrent District E Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,885 -1,057 -2.0% 3,611 7.1% 44,182 86.8% 2,542 5.0% 550 1.1% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 18,651 3,134 16.8% 13,701 73.5% 1,521 8.2% 295 1.6% 2020 Census 86% 7% 1 Other % Latino % Asian % Black % Citizen Voting Age Population 73% 16% Other % Latino % Asian % Black % 2/1 /2022 District F 64 urrent Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,478 -464 -0.9% 2,235 4.3% 46,682 90.7% 2,395 4.7% 166 0.3% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian NAP % Black CVAP Black CVAP % 23,850 2,374 10.0% 19,177 80.4% 2,150 9.0% 150 0.6% 2020 Census 90% 0% Other % Latino % Asian % Black % Citizen Voting Age Population 80% 10% 9% - 0% Other% Latino% Asian% Black% 2/1 /2022 u / L-0 00 0 LL c� n 4_ n I E D A - 2020 Census A B C D E F Population 52,194 52,513 53,333 51,250 50,885 51,478 Deviation 252 571 1,391 -692 -1,057 -464 Deviation % 0.5% 1.1% 2.7% -1.3% -2.0% -0.9% Other 4,426 8,495 12,018 1,497 3,611 2,235 Other % 8.5% 16.2% 22.5% 2.9% 7.1% 4.3% Latino 28,188 36,741 37,093 46,182 44,182 46,682 Latino % 54.0% 70.0% 69.5% 90.1% 86.8% 90.7% Asian 19,162 6,613 3,596 3,176 2,542 2,395 Asian % 36.7% 12.6% 6.7% 6.2% 5.0% 4.7% Black 418 664 626 395 550 166 Black % 0.8% 1.3% 1.2% 0.8% 1.1% 0.3% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,340 31,254 29,495 19,761 18,651 23,850 Other CVAP 4,384 8,313 11,454 944 3,134 2,374 Other CVAP % 14.0% 26.6% 38.8% 4.8% 16.8% 10.0% Latino CVAP 13,073 17,957 14,933 16,021 13,701 19,177 Latino CVAP % 41.7% 57.5% 50.6% 81.1% 73.5% 80.4% Asian CVAP 13,645 4,374 2,425 2,388 1,521 2,150 Asian CVAP % 43.5% 14.0% 8.2% 12.1% 8.2% 9.0% City Council 16 - 135 2/1/2022 Black CVAP 239 609 684 408 295 150 Black CVAP % 0.8% 1.9% 2.3% 2.1% 1.6% 0.6% District A 2020 Census GARDEN GROVE.,.,..-.... Sy,O'n SP i "DNA PAPK L SP i ,�AAE� Fountain Valley —1-1 A,..,,., 1 .,1„ Al,,,�. 11-E MADISON PARK f M1 CEDA:, AL -PK Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,194 252 0.5% 4,426 8.5% 28,188 54.0% 19,162 36.7% 418 0.8% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian NAP % Black CVAP Black CVAP % 31,340 4,384 14.0% 13,073 41.7% 13,645 43.5% 239 0.8% 54% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 41% 43% 0% Other % Latino % Asian % Black 2/1 /2022 District B PACIFIC PARK F ' ILSHIRE m kaat Dyer Road e„. — a 'Isar P d 6 �Oe F IRVINE San Diego FK, BUSINESS Y COMPLEX �. M Ge a,p Sbent _ Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,513 571 1.1% 8,495 16.2% 36,741 70.0% 6,613 12.6% 664 1.3% Total CVAP Otherq+VPCnm nr VAP % Latino CVAP Latino CVAP % Asian CVAP1 �sianVAP % Black CVAP Black CVAP % 31,254 8,313 26.6% 17,957 57.5% 4,374 14.0% 609 1.9% 2020 Census 70% 16% 12% -Im � 1% Other % Latino % Asian % Black % Citizen Voting Age Population 57% Other % Latino % Asian % Black % 2/1 /2022 District C jJ f EDN SANTA ANA" 0 Tustin PACIFIC PARK � S aft n a4r,_F o 3 m L - — >JILSHIRF o ` Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,333 1,391 2.7% 12,018 22.5% 37,093 69.5% 3,596 6.7% 626 1.2% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian MAP % Black CVAP Black CVAP % 29,495 11,454 38.8% 14,933 50.6% 2,425 8.2% 684 2.3% 2020 Census 69% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 5O% 2% Other % Latino % Asian % Black % 2/1 /2022 District D 2020 Census f Civic Center D, WN Z 0 Banta Ana Blvd.� Z West 5th Street F _ Santa Ana Blvd. 90% Other % Latino % Asian % Black % Citizen Voting Age Population 81% Other % Latino% Asian% Black% xIff Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,250 -692 rr��}}VV-1.3��1%���11nnrrIIII 1,497 2.9% 46,182 90.1% 3,176 6.2% 395 0.8% Total CVAP Other�CVAPC(9mpr'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian RAP % Black CVAP Black CVAP % 2�� �2�22 19,761 944 4.8% 16,021 81.1% 2,388 12.1% 408 2.1% District E 2020 Census 86% 7� 1% Other % Latino % Asian % Black % Citizen Voting Age Population 73% LYOI 169/c— Other �� ra�Faaa� CORNERSTONE VILLAGE WILSHIRE SQUARE E1-11 St EHaban S� MADISON PARK v E—g., Ave W Ed"g- Av E EEi .., A. Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,885 -1,057 -2.0% 3,611 7.1% 44,182 86.8% 2,542 5.0% 550 1.1% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian �9AP % Black CVAP Black CVAP % 18,651 3,134 16.8% 13,701 73.5% 1,521 8.2% 295 1.6% Latino% Asian% Black% 2/1 /2022 District F 2020 Census West 3rd Street Nhat 31d Street E.. 3rt Street East 3rd Street 90% ..n 1 ct nnl • l�r c 4% 4% Other % Latino % Asian % Black % Citizen Voting Age Population CORNERSTOI 80% VILLAGE WILSHIRE SQUARE �[. EHobart St MADISON PARK H W Edinger Ave W Edinger e, Ave E CEDAR EVERGREEN .._. I ,,., DLH EW,,— Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,478 -464 -0.9% 2,235 4.3% 46,682 90.7% 2,395 4.7% 166 0.3% Total CVAP OtherqVAPCQt!AVrgVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian �&P % Black CVAP Black CVAP % 23,850 2,374 10.0% 19,177 80.4% 2,150 9.0% 150 0.6% 10% 9% 0% Other % Latino % Asian % Black % 2/1 /2022 ORANGE N U rn M M U C m n 4_ m n GARDEN GROVE;_,._,._. Council A E 16 — 142 B C F 2/1 /2022 irrent 2020 Census A B C D E F Population 52,243 53,359 50,891 51,127 51,544 52,489 Deviation 301 1,417 -1,051 -815 -398 547 Deviation % 0.6% 2.7% -2.0% -1.6% -0.8% 1.1% Other 4,443 7,861 10,533 3,697 1,571 4,177 Other % 8.5% 14.7% 20.7% 7.2% 3.0% 8.0% Latino 28,219 37,532 36,678 45,221 45,859 45,559 Latino % 54.0% 70.3% 72.1% 88.4% 89.0% 86.8% Asian 19,162 7,306 3,159 1,780 3,665 2,412 Asian % 36.7% 13.7% 6.2% 3.5% 7.1% 4.6% Black 419 660 521 429 449 341 Black % 0.8% 1.2% 1.0% 0.8% 0.9% 0.6% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,295 31,664 26,200 21,568 21,229 22,396 Other CVAP 4,379 8,029 9,828 3,160 1,262 3,945 Other CVAP % 14.0% 25.4% 37.5% 14.6% 5.9% 17.6% Latino CVAP 13,039 18,090 13,680 16,893 16,853 16,306 Latino CVAP % 41.7% 57.1% 52.2% 78.3% 79.4% 72.8% Asian CVAP 13,640 4,849 2,024 1,371 2,680 1,938 Asian CVAP % 43.6% 15.3% 7.7% 6.4% 12.6% 8.7% City Council 16 - 143 2/1/2022 Black CVAP 236 696 668 144 434 206 Black CVAP % 0.8% 2.2% 2.6% 0.7% 2.0% 0.9% District A GARDEN GROVE u rrent Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,243 301 0.6% 4,443 8.5% 28,219 54.0% 19,162 36.7% 419 0.8% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian �&P % Black CVAP Black CVAP % 31,295 4,379 14.0% 13,039 41.7% 13,640 43.6% 236 0.8% 2020 Census 54% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 41% 43% Other % Latino % Asian % 2/1 /2022 0% Black % u rrent District B Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,359 1,417 2.7% 7,861 14.7% 37,532 70.3% 7,306 13.7% 660 1.2% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian ��AP % Black CVAP Black CVAP % 31,664 8,029 25.4% 18,090 57.1% 4,849 15.3% 696 2.2% 2020 Census 70% �m -- - 1% Other % Latino % Asian % Black Citizen Voting Age Population 57% Other% Latino% 2% Asian % Black% 2/1 /2022 District C ORANGE u rrent Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,891 -1,051 -2.0% 10,533 20.7% 36,678 72.1% 3,159 6.2% 521 1.0% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian �9AP % Black CVAP Black CVAP % 26,200 9,828 37.5% 13,680 52.2% 2,024 7.7% 668 2.6% 2020 Census 72% 20% 11 6% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 52% Other % 2% Latino % Asian % Black W. AP 2/1 /2022 u rrent District D 2020 Census 88% 0% Other % Latino % Asian % Black Citizen Voting Age Population 6% - 0% Other % Latino % Asian % Black 2/1 /2022 u rrent District E Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,544 -398 -0.8% 1,571 3.0% 45,859 89.0% 3,665 7.1% 449 0.9% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian ��AP % Black CVAP Black CVAP % 21,229 1,262 5.9% 16,853 79.4% 2,680 12.6% 434 2.0% 2020 Census 89% o 7% Other % Latino % Asian % Black % Citizen Voting Age Population 79% Other % Latino % Asian % Black % 2/1 /2022 u rrent District F � I / q^o - WESWANK Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,489 547 1.1% 4,177 8.0% 45,559 86.8% 2,412 4.6% 341 0.6% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian PAP % Black CVAP Black CVAP % 22,396 3,945 17.6% 16,306 72.8% 1,938 8.7% 206 0.9% 2020 Census 86% m s� o% Other % Latino % Asian % Black % Citizen Voting Age Population 72% 0% Other % Latino % Asian % Black % v ' M M U C m n 4_ m n E A - D C 2020 Census A B C D E F Population 52,243 53,359 50,891 51,127 51,544 52,489 Deviation 301 1,417 -1,051 -815 -398 547 Deviation % 0.6% 2.7% -2.0% -1.6% -0.8% 1.1% Other 4,443 7,861 10,533 3,697 1,571 4,177 Other % 8.5% 14.7% 20.7% 7.2% 3.0% 8.0% Latino 28,219 37,532 36,678 45,221 45,859 45,559 Latino % 54.0% 70.3% 72.1% 88.4% 89.0% 86.8% Asian 19,162 7,306 3,159 1,780 3,665 2,412 Asian % 36.7% 13.7% 6.2% 3.5% 7.1% 4.6% Black 419 660 521 429 449 341 Black % 0.8% 1.2% 1.0% 0.8% 0.9% 0.6% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,295 31,664 26,200 21,568 21,229 22,396 Other CVAP 4,379 8,029 9,828 3,160 1,262 3,945 Other CVAP % 14.0% 25.4% 37.5% 14.6% 5.9% 17.6% Latino CVAP 13,039 18,090 13,680 16,893 16,853 16,306 Latino CVAP % 41.7% 57.1% 52.2% 78.3% 79.4% 72.8% Asian CVAP 13,640 4,849 2,024 1,371 2,680 1,938 Asian CVAP % 43.6% 15.3% 7.7% 6.4% 12.6% 8.7% City Council 16 - 151 2/1/2022 Black CVAP 236 696 668 144 434 206 Black CVAP % 0.8% 2.2% 2.6% 0.7% 2.0% 0.9% District A 2020 Census 54% 8� 0% Other % Latino % Asian % Black % y SANTA ANA E m Citizen Voting Age Population 43% PACIFIC PARK 41% WILSNIPE SQUARE MADISON PARK CEDAR 14% EVERGREEN SANTAANA MEMORIAL PARK F 0% DELNI Other% Latino% Asian % Black% Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,243 301 0.6% 4,443 8.5% 28,219 54.0% 19,162 36.7% 419 0.8% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'an RAP % Black CVAP Black CVAP % 31,295 4,379 14.0% 13,039 41.7% 13,640 43.6% 236 0.8% 2/1 /2022 District B - z w I a W Edinger Av NORTH ISLAND LA.A m o` N W Wor"o�-------.- 2020 Census 70% m WILSHIRE SQUARE it MADISON PARK W Edinq- Avc E CEE 14% 13% EVER( 1% SANTAANA MEMORIAL Other % Latino % Asian % Black % PARK Citizen Voting Age Population -- ----- DELHI 57% =ANTA Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,359 1,417 2.7% 7,861 14.7% 37,532 70.3% 7,306 13.7% 660 1.2% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 31,664 8,029 25.4% 18,090 57.1% 4,849 15.3% 696 2.2% 2% Other % Latino % Asian % Black % 2/1 /2022 District C 2020 Census 'nJngn nnrr r t ove �G Gay ae 72% ORANGE 20% 6% \ -- 1% �� Other % Latino % Asian % Black % MABURVPARK a K LL m U SADDLEBACK SANTA ANA' VIEW o c, d u - T m 4� Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,891 -1,051 -2.0% 10,533 20.7% 36,678 72.1% 3,159 6.2% 521 1.0% Total CVAP Other�CVAPCQt!A9gVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian �&P % Black CVAP Black CVAP % 26,200 9,828 37.5% 13,680 52.2% 2,024 7.7% 668 2.6% Citizen Voting Age Population 52% �. TJ 2% Other % Latino % Asian % Black % A*h 2/1 /2022 District D RACIRC GARH F CORNERSTONE VILLAGE E MOGan it. E NOEart St. � 3 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,127 -815 -1.6% 3,697 7.2% 45,221 88.4% 1,780 3.5% 429 0.8% Total CVAP OtherqVAPCQtRrgUP % Latino CVAP Latino CVAP % Asian CVAP1 �sian ��AP % Black CVAP Black CVAP % 2020 Census 88% 7% ° Other % Latino % Asian % Black % Citizen Voting Age Population Other % Latino % Asian % Black 2/1 /2022 21,568 3,160 14.6% 16,893 78.3% 1,371 6.4% 144 0.7% District E lvmI -S'. MIN NNWN Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,544 -398 -0.8% 1,571 3.0% 45,859 89.0% 3,665 7.1% 449 0.9% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian WP % Black CVAP Black CVAP % 21,229 1,262 5.9% 16,853 79.4% 2,680 12.6% 434 2.0% 2020 Census 89% o 7% Other % Latino % Asian % Black % Citizen Voting Age Population 79% Other % Latino % Asian % Black 2/1 /2022 District F SAUVIEWA` LVON STREET °=Q�AREE MADISON PARK CEDAR EVERGREEN SANTA ANA MEMORIAL PARK SANTA ANA' PACIFIC PARK A• WESTPARK Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,489 547 1.1% 4,177 8.0% 45,559 86.8% 2,412 4.6% 341 0.6% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian VAP % Black CVAP Black CVAP % 22,396 3,945 17.6% 16,306 72.8% 1,938 8.7% 206 0.9% 2020 Census 86% 8� ° 0% Other % Latino % Asian % Black % Citizen Voting Age Population 72% 0% Other % Latino % Asian % Black % ORANGE U l0 Ln 0 m n 4- m n GARDEN GROVE;_,._,._. Council let B 16 — 158 E C« Foil F 2/1 /2022 irrent 2020 Census A B C D E F Population 49,657 51,378 53,209 52,889 52,634 51,886 Deviation -2,285 -564 1,267 947 692 -56 Deviation % -4.4% -1.1% 2.4% 1.8% 1.3% -0.1% Other 3,538 8,492 8,926 2,118 1,621 7,587 Other % 7.1% 16.5% 16.8% 4.0% 3.1% 14.6% Latino 27,405 33,876 40,435 49,253 47,300 40,799 Latino % 55.2% 65.9% 76.0% 93.1% 89.9% 78.6% Asian 18,391 8,286 3,158 1,412 3,252 2,985 Asian % 37.0% 16.1% 5.9% 2.7% 6.2% 5.8% Black 323 724 690 106 461 515 Black % 0.7% 1.4% 1.3% 0.2% 0.9% 1.0% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 28,775 32,072 23,699 23,230 21,429 25,146 Other CVAP 3,430 8,580 7,302 2,201 1,312 7,778 Other CVAP % 11.9% 26.8% 30.8% 9.5% 6.1% 30.9% Latino CVAP 12,252 17,172 13,923 19,617 17,328 14,570 Latino CVAP % 42.6% 53.5% 58.7% 84.4% 80.9% 57.9% Asian CVAP 12,937 5,534 2,038 1,395 2,370 2,229 Asian CVAP % 45.0% 17.3% 8.6% 6.0% 11.1% 8.9% City Council 16 - 159 2/1/2022 Black CVAP 156 787 437 17 419 568 Black CVAP % 0.5% 2.5% 1.8% 0.1% 2.0% 2.3% District A GARDEN GROVE 1-1^ It- .%.: ti A m a n NORTH ISLAND A urrent 2020 Census 7% Other % Latino % Asian % Black % Citizen Voting Age Population 45% 42% Latino % Asian 0/6 2/1 /2022 0% Black % urrent District B Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,378 -564 -1.1% 8,492 16.5% 33,876 65.9% 8,286 16.1% 724 1.4% Total CVAP Other�CVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 Asian P&P % Black CVAP Black CVAP % 2020 Census 65% 16% 16% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 53% Other % Latino % Asian % Black 32,072 8,580 26.8% 17,172 53.5% 5,534 17.3% 787 2.5% District C urrent oA Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,209 1,267 2.4% 8,926 16.8% 40,435 76.0% 3,158 5.9% 690 1.3% Total CVAP Other�CVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 23,699 7,302 30.8% 13,923 58.7% 2,038 8.6% 437 1.8% 2020 Census 16% 5% j E 1% Other % Latino % Asian % Black % Citizen Voting Age Population 58% Other % Latino % Asian % Black % AN 2/1 /2022 District D urrent 2020 Census 93% M" - mmj Other % Latino % Asian % Black % Citizen Voting Age Population 84% - 0% Other % Latino % Asian % Black % y Pm A Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,889 947 1.8% 2,118 4.0% 49,253 93.1% 1,412 2.7% 106 0.2% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian RAP % Black CVAP Black CVAP % 23,230 2,201 9.5% 19,617 84.4% 1,395 6.0% 17 0.1% urrent District E Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,634 692 1.3% 1,621 3.1% 47,300 89.9% 3,252 6.2% 461 0.9% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian P$AP % Black CVAP Black CVAP % 21,429 1,312 6.1% 17,328 80.9% 2,370 11.1% 419 2.0% 2020 Census 89% o 6% Other % Latino % Asian % Black % Citizen Voting Age Population 80% pro Other % Latino % Asian % Black % 2/1 /2022 District F NORTH ISL urrent NORTH TUSTIN LEMON HEIGHTS -'�ROWNING Sd 9�d.c MVFORD �9" oc t 11a1 c e WALNUT �r d 97 d T EL CAMINC REAL Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,886 -56 -0.1% 7,587 14.6% 40,799 78.6% 2,985 5.8% 515 1.0% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian WP % Black CVAP Black CVAP % 25,146 7,778 30.9% 14,570 57.9% 2,229 8.9% 568 2.3% 2020 Census 5% 1 % Other % Latino % Asian % Black % Citizen Voting Age Population 57% 2% Other % Latino % Asian % Black % 2/1 /20 f ORANGE Ln Q -F m n 4_4--J m I.— n Tustin 2020 Census A B C D E F Population 49,657 51,378 53,209 52,889 52,634 51,886 Deviation -2,285 -564 1,267 947 692 -56 Deviation % -4.4% -1.1% 2.4% 1.8% 1.3% -0.1% Other 3,538 8,492 8,926 2,118 1,621 7,587 Other % 7.1% 16.5% 16.8% 4.0% 3.1% 14.6% Latino 27,405 33,876 40,435 49,253 47,300 40,799 Latino % 55.2% 65.9% 76.0% 93.1% 89.9% 78.6% Asian 18,391 8,286 3,158 1,412 3,252 2,985 Asian % 37.0% 16.1% 5.9% 2.7% 6.2% 5.8% Black 323 724 690 106 461 515 Black % 0.7% 1.4% 1.3% 0.2% 0.9% 1.0% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 28,775 32,072 23,699 23,230 21,429 25,146 Other CVAP 3,430 8,580 7,302 2,201 1,312 7,778 Other CVAP % 11.9% 26.8% 30.8% 9.5% 6.1% 30.9% Latino CVAP 12,252 17,172 13,923 19,617 17,328 14,570 Latino CVAP % 42.6% 53.5% 58.7% 84.4% 80.9% 57.9% Asian CVAP 12,937 5,534 2,038 1,395 2,370 2,229 Asian CVAP % 45.0% 17.3% 8.6% 6.0% 11.1% 8.9% City Council 16 - 167 2/1/2022 Black CVAP 156 787 437 17 419 568 Black CVAP % 0.5% 2.5% 1.8% 0.1% 2.0% 2.3% District A GARDEN GROVE CC LON A ,.A��A���_A `a a L - -- NORTH fSl -N rA Ana F-I F 49,657 -2,285 rr��}}VV-4.411%���11nnrrIIII 3,538 7.1% 27,405 55.2% 18,391 37.0% 323 0.7% Total CVAP Other�CVAPC(9mvr'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'an RAP % Black CVAP Black CVAP % 2020 Census 7% 1 M o% Other % Latino % Asian % Black % Citizen Voting Age Population 45% 42% 11% Other % Latino % Asian % 2/1 /2022 District B Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,378 -564 -1.1% 8,492 16.5% 33,876 65.9% 8,286 16.1% 724 1.4% Total CVAP OtherqVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 2020 Census 65% 16% 16% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 53% Other % Latino % Allllllllllllll 2% Asian % Black % 32,072 8,580 26.8% 17,172 53.5% 5,534 17.3% 787 2.5% District C EDNA SUNi 3` •04 2 - SADDLEACK VIEW a g s„ 3 SIr— £ � E Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,209 1,267 2.4% 8,926 16.8% 40,435 76.0% 3,158 5.9% 690 1.3% Total CVAP OtherqVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 Asian 79AP % Black CVAP Black CVAP % 23,699 7,302 30.8% 13,923 58.7% 2,038 8.6% 437 1.8% 2020 Census 16% 5% j E 1% Other % Latino % Asian % Black Citizen Voting Age Population 58% Other Latino % Asian% Black% AN 2/1 /2022 District D Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,889 947 1.8% 2,118 4.0% 49,253 93.1% 1,412 2.7% 106 0.2% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian CVAP % Black CVAP Black CVAP % 2020 Census 93% Other % Latino % Asian % Black % Citizen Voting Age Population 84% Other % Latino % Asian % Black % 23,230 2,201 9.5% 19,617 84.4% 1,395 6.0% 17 0.1% District E 2020 Census 89% D 6% � oDiD Other % Latino % Asian % Black % Citizen Voting Age Population 80% J HENINCER PARK m K'6bhop St. M—dden Avenue 2% -Fa d—A '"-°`'" Other % Latino % Asian % Black % Etl'n Inue WILSHIRE 9e. SQUARE 9� �n n W Edinger A- _ W Edinger Ave. W Edinger Av NO PT I? ISI AND e Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,634 692 1.3% 1,621 3.1% 47,300 89.9% 3,252 6.2% 461 0.9% Total CVAP OtherqVAPCQt!A9gVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian RAP % Black CVAP Black CVAP % 21,429 1,312 6.1% 17,328 80.9% 2,370 11.1% 419 2.0% 2/1 /2022 District F -DNA PARK JHiHWtJI Sy SANTA ANA TRIANGLE PSI SANTA ANA d Tusti- LVON STR MADISON NORTH ISLAND PARK f USTIN LEGACY NORTH TUSTIN LEMON HEIGHTS -'�ROWNING S� MVFORD �9" oc t 11a1 ¢c WALNUT �r d 97 EL CAMINC REAL .VESTPAR,. IRVINE Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,886 -56 -0.1% 7,587 14.6% 40,799 78.6% 2,985 5.8% 515 1.0% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 25,146 7,778 30.9% 14,570 57.9% 2,229 8.9% 568 2.3% 2020 Census 5% 1 % Other % Latino % Asian % Black % Citizen Voting Age Population 57% Other % Latino % Asian % Black % 2/1 /20 f ORANGE N L U M 00 0 C m n 4_ m n GARDEN GROVE;_,._,._. Council A 16 — 174 a B E F 2/1 /2022 .urrent 2020 Census A B C D E F Population 52,223 52,241 51,993 52,006 51,455 51,735 Deviation 281 299 51 64 -487 -207 Deviation % 0.5% 0.6% 0.1% 0.1% -0.9% -0.4% Other 4,442 8,724 11,953 1,493 3,667 2,003 Other % mm 8.7 16.7% 23.0% 2.9% 7.1% 3.9% Latino 28,200 35,182 35,842 47,265 44,508 48,071 Latino % 54.0% 67.3% 68.9% 90.9% 86.5% 92.9% Asian 19,162 7,615 3,580 2,839 2,725 1,563 Asian % 36.7% 14.6% 6.9% 5.5% 5.3% 3.0% Black 419 720 618 409 555 98 Black % 0.8% 1.4% 1.2% 0.8% 1.1% 0.2% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,241 32,136 29,177 19,947 19,276 22,575 Other CVAP 4,374 8,694 11,421 950 3,157 2,008 Other CVAP % 14.0% 27.1% 39.1% 4.8% 16.4% 8.9% Latino CVAP 12,999 17,645 14,690 16,345 14,187 18,997 Latino CVAP % 41.6% 54.9% 50.3% 81.9% 73.6% 84.2% Asian CVAP 13,634 5,074 2,425 2,232 1,629 1,508 Asian CVAP % 43.6% 15.8% 8.3% 11.2% 8.5% 6.7% City Council 16 - 175 2/1/2022 Black CVAP 234 723 641 421 303 62 Black CVAP % 0.7% 2.3% 2.2% 2.1% 1.6% 0.3% District A GARDEN GROVE rrent Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,223 281 0.5% 4,442 8.5% 28,200 54.0% 19,162 36.7% 419 0.8% 2020 Census 54% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 41% 43% Other % Latino % Asian % Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian 79AP % Black CVAP Black CVAP % 2�1 �2�22 0% Black % 31,241 4,374 14.0% 12,999 41.6% 13,634 43.6% 234 0.7% rrent District B r 9 L A IRVINE >an Diego Fw, San Diego F: BUSINESS COMPLEX Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,241 299 0.6% 8,724 16.7% 35,182 67.3% 7,615 14.6% 720 1.4% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian CVAP % Black CVAP Black CVAP % 32,136 8,694 27.1% 17,645 54.9% 5,074 15.8% 723 2.3% 2020 Census 67% 16% 14% � m = 1% Other % Latino % Asian % Black % Citizen Voting Age Population 54% Other % Latino % Asian % Black % 2/1 /2022 rrent District C Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,993 51 0.1% 11,953 23.0% 35,842 68.9% 3,580 6.9% 618 1.2% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 29,177 11,421 39.1% 14,690 50.3% 2,425 8.3% 641 2.2% A 2020 Census 68% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 50% Other 2% Latino % Asian % Black % 2/1 /2022 rrent District D �d Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,006 64 0.1% 1,493 2.9% 47,265 90.9% 2,839 5.5% 409 0.8% Total CVAP OtherqVAPCQtRrgUP % Latino CVAP Latino CVAP % Asian CVAP1 �sian 79AP % Black CVAP Black CVAP % 19,947 950 4.8% 16,345 81.9% 2,232 11.2% 421 2.1% 2020 Census 90% 2% =mi"= 0% Other % Latino % Asian % Black % Citizen Voting Age Population 81% ,+/0 2% Other % Latino % Asian % Black % 11W 2/1 /2022 rrent District E Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,455 -487 -0.9% 3,667 7.1% 44,508 86.5% 2,725 5.3% 555 1.1% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian NAP % Black CVAP Black CVAP % 19,276 3,157 16.4% 14,187 73.6% 1,629 8.5% 303 1.6% 2020 Census 86% 7% 1 Other % Latino % Asian % Black % Citizen Voting Age Population 73% 16% Other % Latino % Asian % Black % 2/1 /2022 rrent District F All- 2020 Census 920/c Other % Latino % Asian % Black % Citizen Voting Age Population 84% Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % ( ifv rani inril 1 F— 1 A I C a 2020 Census A B C D E F Population 52,223 52,241 51,993 52,006 51,455 51,735 Deviation 281 299 51 64 -487 -207 Deviation % 0.5% 0.6% 0.1% 0.1% -0.9% -0.4% Other 4,442 8,724 11,953 1,493 3,667 2,003 Other % 8.5% 16.7% 23.0% 2.9% 7.1% 3.9% Latino 28,200 35,182 35,842 47,265 44,508 48,071 Latino % 54.0% 67.3% 68.9% 90.9% 86.5% 92 9% Asian 19,162 7,615 3,580 2,839 2,725 1,563 Asian % 36.7% 14.6% 6.9% 5.5% 5.3% 3.0% Black 419 720 618 409 555 98 Black % 0.8% 1.4% 1.2% 0.8% 1.1% 0.2% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,241 32,136 29,177 19,947 19,276 22,575 Other CVAP 4,374 8,694 11,421 950 3,157 2,008 Other CVAP % 14.0% 27.1% 39.1% 4.8% 16.4% 8.9% Latino CVAP 12,999 17,645 14,690 16,345 14,187 18,997 Latino CVAP % 41.6% 54.9% 50.3% 81.9% 73.6% 84.2% Asian CVAP 13,634 5,074 2,425 2,232 1,629 1,508 Asian CVAP % 43.6% 15.8% 8.3% 11.2% 8.5% 6.7% City Council 16 - 183 2/1/2022 Black CVAP 234 723 641 421 303 62 Black CVAP % 0.7% 2.3% 2.2% 2.1% 1.6% 0.3% District A 2020 Census GARDEN GROVE:., SANTA ANA' Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,223 281 0.5% 4,442 8.5% 28,200 54.0% 19,162 36.7% 419 0.8% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian MAP % Black CVAP Black CVAP % 54% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 41% 43% 14% MEN 0% Other % Latino % Asian % Black % 2/1 /2022 31,241 4,374 14.0% 12,999 41.6% 13,634 43.6% 234 0.7% District B WILSHIRE SQUARE N N ` MADISON PARK E CEDAR EVERGREEN SANTA ANA _ MEMORIAL PARK N E IRVINE >an Diego Fw, San Diego F: BUSINESS COMPLEX Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,241 299 0.6% 8,724 16.7% 35,182 67.3% 7,615 14.6% 720 1.4% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian NAP % Black CVAP Black CVAP % 32,136 8,694 27.1% 17,645 54.9% 5,074 15.8% 723 2.3% 2020 Census 67% —16% 14% in 1% Other % Latino % Asian % Black % Citizen Voting Age Population 54% Other % Latino % Asian % Black % 2/1 /2022 District C 2020 Census EDNA PARK = K SANTA ANA Tustin r+a�ini. rnKn � S a^+a p q^a FW Y 3 r P4 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,993 51 0.1% 11,953 23.0% 35,842 68.9% 3,580 6.9% 618 1.2% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian NAP % Black CVAP Black CVAP % 29,177 11,421 39.1% 14,690 50.3% 2,425 8.3% 641 2.2% 68% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 5O% Other % Latino % Asian % Black % 2/1 /2022 District D 2020 Census 90% q� i o 2% 0% Other % Latino % Asian % Black % +ENIN Eu Citizen Voting Age Population AR PAR, 81% i - WILSHIRE SQUARE 11% 4% 2% I Other % Latino % Asian % Black % ----- --- — - -- W Edinger Ave W Edinger Ave t�Sainl And— PI. SANTA A MEMORIAL DARN Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,006 64 0.1% 1,493 2.9% 47,265 90.9% 2,839 5.5% 409 0.8% Total CVAP OtherqVAPC(9mVr'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian VAP % Black CVAP Black CVAP % 19,947 950 4.8% 16,345 81.9% 2,232 11.2% 421 2.1% Nr 2/1 /2022 District E 2020 Census 86% 7—Mmm�m Other % Latino % Asian % Black % Citizen Voting Age Population 73% K SADDL SANTA ANA. vn 16% 8% 1% LV( Other % Latino % Asian % Black % WILSHIRE PACIFIC PARK Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,455 -487 rr��}}VV-0.911%��� 111n1rrIIII 3,667 7.1% 44,508 86.5% 2,725 5.3% 555 1.1% Total CVAP Other�CVAPC(9m9'CVAP % Latino CVAP Latino CVAP % AsianCVAP Asian NAP % Black CVAP Black CVAP % 2�� �2�22 19,276 3,157 16.4% 14,187 73.6% 1,629 8.5% 303 1.6% District F .,�.�=..�o•,, n•„.�..,�s.,�,e Ease ird--t E-tSrdS— •�•- Fi•t 1•t Strrnt __ 2020 Census 92�70 East lst Street East lst Street west LYON STREET E Saint gndrpy, F� v: qc: P Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,735 -207 -0.4% 2,003 3.9% 48,071 92.9% 1,563 3.0% 98 0.2% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'an RAP % Black CVAP Black CVAP % 22,575 2,008 8.9% 18,997 84.2% 1,508 6.7% 62 0.3% Other % Latino % Asian % Black % Citizen Voting Age Population 84% U%0 Other % Latino % Asian % Black 2/1 /2022 ORANGE GARDEN GROVE;_,._,._. A Council 16 — 190 E B ❑C F 2/1 /2022 irrent 2020 Census A B C D E F Population 52,003 52,452 52,490 52,064 51,803 50,841 Deviation 61 510 548 122 -139 -1,101 Deviation % 0.1% 1.0% 1.1% 0.2% -0.3% -2.1% Other 3,718 9,255 11,597 1,976 3,043 2,693 Other % 7.1% 17.6% 22.1% 3.8% 5.9% 5.3% Latino 29,071 34,838 36,702 46,519 45,773 46,165 Latino % 55.9% 66.4% 69.9% 89.3% 88.4% 90.8% Asian 18,864 7,629 3,565 3,133 2,561 1,732 Asian % 36.3% 14.5% 6.8% 6.0% 4.9% 3.4% Black 350 730 626 436 426 251 Black % 0.7% 1.4% 1.2% 0.8% 0.8% 0.5% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30,082 32,937 28,522 22,518 20,940 19,354 Other CVAP 3,534 8,982 11,186 1,919 2,702 2,279 Other CVAP % 11.7% 27.3% 39.2% 8.5% 12.9% 11.8% Latino CVAP 12,986 18,005 14,392 17,948 16,316 15,215 Latino CVAP % 43.2% 54.7% 50.5% 79.7% 77.9% 78.6% Asian CVAP 13,376 5,266 2,230 2,192 1,760 1,679 Asian CVAP % 44.5% 16.0% 7.8% 9.7% 8.4% 8.7% City Council 16 - 191 2/1/2022 Black CVAP 185 684 714 459 161 181 Black CVAP % 0.6% 2.1% 2.5% 2.0% 0.8% 0.9% District A GARDEN GROVE NORTH ISLAr.i urrent 2020 Census MMM - 0% Other % Latino % Asian % Black % Citizen Voting Age Population 43% 44% 2/1 /2022 urrent District B m Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,452 510 1.0% 9,255 17.6% 34,838 66.4% 7,629 14.5% 730 1.4% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian RAP % Black CVAP Black CVAP % 32,937 8,982 27.3% 18,005 54.7% 5,266 16.0% 684 2.1% 2020 Census 66% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 54% Other % Latino % -16% 2% Asian % Black % 2/1 /2022 District C K SANTA ANA I1 urrent ML. mdM6.c Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,490 548 1.1% 11,597 22.1% 36,702 69.9% 3,565 6.8% 626 1.2% Total CVAP Other�CVAPCQt!A9gVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asian HAP % Black CVAP Black CVAP % 28,522 11,186 39.2% 14,392 50.5% 2,230 7.8% 714 2.5% 2020 Census 69% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 5O% Other % 2% Latino % Asian % Black % 2/1 /2022 urrent District D Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,064 122 0.2% 1,976 3.8% 46,519 89.3% 3,133 6.0% 436 0.8% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sian C AP % Black CVAP Black CVAP % 2020 Census 89% o 6% Other % Latino % Asian % Black % Citizen Voting Age Population 79% Other % Latino % Asian % Black % 2/1 /2022 22,518 1,919 8.5% 17,948 79.7% 2,192 9.7% 459 2.0% urrent District E N Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,803 -139 -0.3% 3,043 5.9% 45,773 88.4% 2,561 4.9% 426 0.8% Total CVAP OtherqVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 �sian 29AP % Black CVAP Black CVAP % 20,940 2,702 12.9% 16,316 77.9% 1,760 8.4% 161 0.8% 2020 Census 88% 5% o - 0% Other % Latino % Asian % Black % Citizen Voting Age Population 0 0% Other % Latino % Asian % Black 2/1 /2022 District F urrent 2020 Census 90% m vvmc Biva. Irvine Blvd ustin 0 - 0% - Other % Latino % Asian % Black % Citizen Voting Age Population BROWNING BROWNIh STATION Oop/O l a i a e pa ZF 11% 8% - 0% ;., I Other% Latino% Asian% Black% If E v I _ TVSTIN LEGACY cREErvWoc. A qr 11 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,841 -1,101 -2.1% 2,693 5.3% 46,165 90.8% 1,732 3.4% 251 0.5% Total CVAP OtherqVAPC(9m9'C6P % Latino CVAP Latino CVAP % Asian CVAP1 �sian CVAP % Black CVAP Black CVAP % 19,354 2,279 11.8% 15,215 78.6% 1,679 8.7% 181 0.9% 2/1 /2022 M n M Council a NORTHV ,,NORTHWES. r 0 --- YOUNG SQUARE Z DNA PARK m C ANTA ANA TRIANGLE 16 — 198 LDI 2/1 /2022 2020 Census A B C D E F Population 50,150 53,099 49,972 54,507 54,178 49,747 Deviation -1,792 1,157 -1,970 2,565 2,236 -2,195 Deviation % -3.5% 2.2% -3.8% 4.9% 4.3% -4.2% Other 4,373 1,607 11,873 7,660 3,851 2,918 Other % 8.7% 3.0% 23.8% 14.1% 7.1% 5.9% Latino 26,675 47,404 32,747 39,589 47,941 44,712 Latino % 53.2% 89.3% 65.5% 72.6% 88.5% 89.9% Asian 18,694 3,644 4,712 6,648 1,905 1,881 Asian % 37.3% 6.9% 9.4% 12.2% 3.5% 3.8% Black 408 444 640 610 481 236 Black % 0.8% 0.8% 1.3% 1.1% 0.9% 0.5% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30,576 2W -W 28,969 33,106 20,536 19,533 Other CVAP 4,355 1,271 11,207 8,019 3,341 2,412 Other CVAP % 14.2% 5.9% 38.7% 24.2% 16.3% 12.3% Latino CVAP 12,890 17,242 13,867 19,844 15,655 15,364 Latino CVAP % 42.2% 79.7% 47.9% 59.9% 76.2% 78.7% Asian CVAP 13,091 2,707 3,202 4,572 1,339 1,592 Asian CVAP % 42.8% 12.5% 11.1% 13.8% 6.5% 8.2% City Council 16 - 199 2/1/2022 Black CVAP 241 414 693 671 201 164 Black CVAP % 0.8% 1.9% 2.4% 2.0% 1.0% 0.8% District A E— 2020 Census TRI, 53% W 171[ S[ SANTA ANA " WILSHIRE SQUARE W Edinger Ave L SANTA ANA MEMORIAL PARK f Warner Avenue Warner Avenue^ - WWarner Ave % 2 COIONIA H p JUAPU n SOUT —A41 Fountain Valley a�°Po Talbert Avenue w�' Talbert A—, - Sa "-� Mac Ar; Iru� lii.� Mac Art— bract � Or - e90 / o Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % Ed, 50,150 -1,792 -3.5% 4,373 8.7% 26,675 53.2% 18,694 37.3% 408 0.8% Total CVAP OtherqVAPC(9mVr'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As a?C9AP % Black CVAP Black CVAP % 30,576 4,355 14.2% 12,890 42.2% 13,091 42.8% 241 0.8% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 42% 42% 14% MEN 0% Other % Latino % Asian % Black % jp 2/1 /2022 District B -0NIA MANZANI— estmins[ar Blvtl. 2020 Census 89% —; w l'Itn St W l'ltM1 5 t. 6% , An, 3% 0% w =t s,n t, s,nt,An,al�tl Other % Latino % Asian % Black % Citizen Voting Age Population 79% HENINGEP 12% 5% WILSHIPE 1 N/0 SQUA SQUARE Other % Latino % Asian % Black % MEMORIAL PAPK bj� Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,099 1,157 2.2% 1,607 3.0% 47,404 89.3% 3,644 6.9% 444 0.8% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 AslaMAP % Black CVAP Black CVAP % 21,633 1,271 5.9% 17,242 79.7% 2,707 12.5% 414 1.9% 2/1 /2022 District C SANTA ANA' PACIFIC PAI ORANGE — I T. Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 49,972 -1,970 -3.8% 11,873 23.8% 32,747 65.5% 4,712 9.4% 640 1.3% Total CVAP OtherqVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 As a?C?AP % Black CVAP Black CVAP % 28,969 11,207 38.7% 13,867 47.9% 3,202 11.1% 693 2.4% 2020 Census 65% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 47% m = = 2% Other % Latino % Asian % Black % 2/1 /2022 District D 2020 Census 72% 1% Other % Latino % Asian % Black % E t..a rnr Citizen Voting Age Population 59% woy q J Eas[ Dye j All- 13% 2% Other % Latino % Asian % Black % Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 54,507 2,565 4.9% 7,660 14.1% 39,589 72.6% 6,648 12.2% 610 1.1% Total CVAP Otherq +VPCnm nr VAP % Latino CVAP Latino CVAP % Asian CVAP1 Asial?RAP % Black CVAP Black CVAP % 33,106 8,019 24.2% 19,844 59.9% 4,572 13.8% 671 2.0% 2/1 /2022 District E 2020 Census 88% El rh U GRAND i SUNRISE n MABURY Pt D a e\Vd � Sege q� 7% D 0% SADDLEBACK VIEW Other % Latino % Asian % Black % Eea 41h Stre, Citizen Voting Age Population East 11t St'. RSTONE LADE LYON STRE W Etlinger Ave -_ralL_ ---- ---=---=—=----�—.� EEtlinger Ave. E Edinger Ave. E Etlinger Ave CEDAR Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 54,178 2,236 4.3% 3,851 7.1% 47,941 88.5% 1,905 3.5% 481 0.9% Total CVAP OtherqVAPC(9m9'C6P % Latino CVAP Latino CVAP % Asian CVAP1 As a?C$7AP % Black CVAP Black CVAP % 20,536 3,341 16.3% 15,655 76.2% 1,339 6.5% 201 1.0% 16% —M �� 6D�0 1 % Other % Latino % Asian % Black % 2/1 /2022 District F SANTA ANA K PACIFIC PARK WILSHIRE SQUARE MADISON PARK m W Edinger 4ve E Ed., — CEDAR EVERGREEN SANTAANA MEMORIAL PARK 2020 Census 89% �. wine Blva. ovine Blvd. Tustin sa^ra 4n, 5% 3% wy 0% BROWNING Other % Latino % Asian % Black % BROWNING STATION Citizen Voting Age Population 3QcP � PC N area 9� i 78% W Warner Ave. DELHI Ewa.ne. Ave. _ � PeJ �ANTA pm 12% E— F e Easl Dyer Roatl W, s� Other % Latino % Asian % Black % u^m s m cREEr+Woo� n+ac A.rn�. 6lvd 6 TUSTIN LEGACY —A, a a q 'a a 4 e�e� p' WESTPARK O Am ,J Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 49,747 -2,195 -4.2% 2,918 5.9% 44,712 89.9% 1,881 3.8% 236 0.5% qgxPC8t4A9q� ° ° 1 - ?P� ° O 2/1 /20� Total CVAP Other AP /o Latino CVAP Latino CVAP /o Asian CVAP sia AP /o Black CVAP Black CVAP /o 19,533 2,412 12.3% 15,364 78.7% 1,592 8.2% 164 0.8% B I- 2020 Census A B C D E F Population 50,150 53,554 53,390 52,172 49,110 53,277 Deviation -1,792 1,612 1,448 230 -2,832 1,335 Deviation % -3.5% 3.1% 2.8% 0.4% -5.5% 2.6% Other 4,373 2,315 11,101 8,110 1,791 4,592 Other % 8.7% 4.3% 20.8% 15.5% 3.6% 8.6% Latino 26,675 46,342 38,198 37,386 44,508 45,959 Latino % 53.2% 86.5% 71.5% 71.7% 90.6% 86.3% Asian 18,694 4,533 3,368 6,023 2,521 2,345 Asian % 37.3% 8.5% 6.3% 11.5% 5.1% 4.4% Black 408 364 723 653 290 381 Black % 0.8% 0.7% 1.4% 1.3% 0.6% 0.7% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30,576 22,738 26,797 30,510 22,850 20,882 Other CVAP 4,355 2,152 10,179 7,962 1,720 4,235 Other CVAP % 14.2% 9.5% 38.0% 26.1% 7.5% 20.3% Latino CVAP 12,890 16,808 13,716 17,900 18,967 14,582 Latino CVAP % 42.2% 73.9% 51.2% 58.7% 83.0% 69.8% Asian CVAP 13,091 3,466 2,180 4,041 1,858 1,866 Asian CVAP % 42.8% 15.2% 8.1% 13.2% 8.1% g 9% City Council 16 - 207 2/1/2022 Black CVAP 241 311 721 607 305 199 Black CVAP % 0.8% 1.4% 2.7% 2.0% 1.3% 1.0% District A E— 2020 Census TRI, 53% W 171[ S[ SANTA ANA " WILSHIRE SQUARE W Edinger Ave L SANTA ANA MEMORIAL PARK f Warner Avenue Warner Avenue^ - WWarner Ave % 2 COIONIA H p JUAPU n SOUT —A41 Fountain Valley a�°Po Talbert Avenue w�' Talbert A—, - Sa "-� Mac Ar; Iru� lii.� Mac Art— bract � Or - e90 / o Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % Ed, 50,150 -1,792 -3.5% 4,373 8.7% 26,675 53.2% 18,694 37.3% 408 0.8% Total CVAP OtherqVAPC(9mVr'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'a?C AP % Black CVAP Black CVAP % 30,576 4,355 14.2% 12,890 42.2% 13,091 42.8% 241 0.8% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 42% 42% 14% MEN 0% Other % Latino % Asian % Black % jp 2/1 /2022 District B 2020 Census ;ROVE.,-, 86% 1—� A� . ..... CCLONIA ?IANZN LLA SANTA ANA MANGLE W 17th St SANTA ANA imlll� PACIFIC PA I Other% Latino % Asian % Black % WILSHIPE SQUARE W Edinger A— W Edinger A- NOPTH ISLAND SANTA A. Population Deviation Deviation% Other Other % Latino Latino % Asian Asian % Black Black % 53,554 1,612 3.1% 2,315 4.3% 46,342 86.5% 4,533 83% 364 0.7% 4% 8% 0% Other % Latino % Asian % Black % Citizen Voting Age Population 73% 6 Total CVAP OtherqqxpC(9m9qUP % Latino CVAP Latino CVAP % Asian CVAP1 As'la?9PAP % Black CVAP Black CVAP % 22,738 2,152 9.5% 16,808 73.9% 3,466 15.2% 311 1.4% 2/1/2022 District C 2020 Census 71% 20% 11 6% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 51% Other % Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,390 1,448 2.8% 11,101 20.8% 38,198 71.5% 3,368 6.3% 723 1.4% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 AsiaMAP % Black CVAP Black CVAP % 26,797 10,179 38.0% 13,716 51.2% 2,180 8.1% 721 2.7% 2% Latino % Asian % Black W. A" 2/1 /2022 District D NORTH IS[ ANn SANTA ANA GARDENS LVON STREET PACIFIC PARK _ n 0 3 W I SANTA ANA MEMORIAL PARK P Ng4l - a - h^ 0 moo`¢ F IRVINE BUSINESS COMPLEX a M.11� Q c� 5[rp,,, ¢ Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,172 230 0.4% 8,110 15.5% 37,386 71.7% 6,023 11.5% 653 1.3% Total CVAP OtherqVAPC(9m9'C6P % Latino CVAP Latino CVAP % Asian CVAP1 AslaMAP % Black CVAP Black CVAP % 30,510 7,962 26.1% 17,900 58.7% 4,041 13.2% 607 2.0% 2020 Census 71% -15% 1-m � 1 % Other % Latino % Asian % Black % Citizen Voting Age Population 58% Other % Latino % Asian % Black % 2/1 /2022 District E 2020 Census MCF,dden Avenue Ist Street East 1st Street B E _ EChesrnut Aw. HENINGER ; PARK PACIFIC P, EBishoP St E � N McFadden Avenue WILSHIRE SQUARE E Hobart St f MADISON U vw EEdinger Ave. r ... ......... DELHI Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 49,110 -2,832 -5.5% 1,791 3.6% 44,508 90.6% 2,521 5.1% 290 0.6% Total CVAP OtherqVAPC(9m9'C6P % Latino CVAP Latino CVAP % Asian CVAP1 As`a?C?AP % Black CVAP Black CVAP % 22,850 1,720 7.5% 18,967 83.0% 1,858 8.1% 305 1.3% 90% ■ 3% 5% 0/o o Other % Latino % Asian % Black % Citizen Voting Age Population 83% Other % Latino % Asian % Black % 2/1 /2022 District F 2020 Census 86% i 8% D 1" 0% Other % Latino % Asian % Black % Citizen Voting Age Population Tustin San vwrst btb st.eet 4�a F Wy ` MCEa"tlen Avenue CORNERSTONE LL VILLAGE - Nona.t St E Hobart St V MADISON PARK Jo�Tin`ger IIve " L011.91-1, e ] E E"In9e1 Ave. H A a' E E"'in�rr Avc 11 F Er{r-ir� �.r 41150 Population Deviation Deviation % Other Other % Latino Latino °/G Asian Asian % Black Black % 53,277 1,335 2.6% 4,592 8.6% 45,959 86.3% 2,345 4.4% 381 0.7% Total CVAP OtherqVAPCQt759gUP % Latino CVAP Latino CVAP % Asian CVAP1 Asla?C AP % Black CVAP Black CVAP % 20,882 4,235 20.3% 14,582 69.8% 1,866 8.9% 199 1.0% 20% 0 Other 1% Latino % Asian % Black % 2/1 /2022 0-5 M n M Council a NORTHF ,,NORTHWES. r 0 --- YOUNG SQUARE Z DNA PARK m ANTA ANA C;TRIANGLE 16-214 2/1 /2022 2020 Census A B C D E F Population 51,970 54,838 51,067 50,459 52,413 50,906 Deviation 28 2,896 -875 -1,483 471 -1,036 Deviation % 0.1% 5.6% -1.7% -2.9% 0.9% -2.0% Other 4,350 5,461 11,976 3,517 3,651 3,327 Other % 8.4% 10.0% 23.5% 7.0% 7.0% 6.5% Latino 28,418 43,009 33,724 43,961 45,053 44,903 Latino % 54.7% 78.4% 66.0% 87.1% 86.0% 88.2% Asian 18,808 5,714 4,719 2,728 3,154 2,361 Asian % 36.2% 10.4% 9.2% 5.4% 6.0% 4.6% Black 394 654 648 253 555 315 Black % 0.8% 1.2% 1.3% 0.5% 1.1% 0.6% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 31,024 26,862 29,470 26,238 20,470 20,288 Other CVAP 4,333 5,289 11,280 3,974 2,999 2,728 Other CVAP % 14.0% 19.7% 38.3% 15.1% 14.7% 13.4% Latino CVAP 13,278 17,060 14,219 19,755 14,976 15,575 Latino CVAP % 42.8% 63.5% 48.2% 75.3% 73.2% 76.8% Asian CVAP 13,167 3,954 3,248 2,061 2,247 1,826 Asian CVAP % 42.4% 14.7% 11.0% 7.9% 11.0% 9.0% City Council 16 - 215 2/1/2022 Black CVAP 246 559 722 449 248 159 Black CVAP % 0.8% 2.1% 2.5% 1.7% 1.2% 0.8% District A E- 2020 Census TPL W,�INs� 54% WILSHIRE SQUARE I' W Edinger Ave SI+NTA ANA /C RDENS SANTA ANA MEMORIAL PARK s Warner Avenue Warner — W Warner Ave % 2 COLONIA H p JUAREZ n SOUT NA41 Fountain Valley a�°Po Talbert Avenue wY Talbert A—, — Sa �Mg� Mac Ar; l�u� lii.0 !.'3c Art�ui bl': ct _ Ore i N E O O Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,970 28 0.1% 4,350 8.4% 28,418 54.7% 18,808 36.2% 394 0.8% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'a?19AP % Black CVAP Black CVAP % 31,024 4,333 14.0% 13,278 42.8% 13,167 42.4% 246 0.8% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 42% 42% - 0% Other % Latino % Asian % Black % I 1w 2/1 /2022 District B NORTF Talbert Avenue 90 F W 2020 Census PACIFIC PARK WILSHIRE1 SQUARE D/D SQUARE Other % Latino % Asian % Black % MADISON PARK IN Edlnyar A-i E I CEDAR Citizen Voting Age Population EVERGREEN SANTA ANA 63% MEMORIAL PARK f DELHI E Warr -- SOUTH SANTA ANA DYER E.ltl DI 3� Q �¢ a �h� v `o u elvd. f a 2_ 0 G� g Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 54,838 2,896 5.6% 5,461 10.0% 43,009 78.4% 5,714 10.4% 654 1.2% Other % Latino % Asian % Black % Total CVAP Other�CVAPCQt!A9gVAP % Latino CVAP Latino CVAP % Asian CVAP1 �sla�CVAP % Black CVAP Black CVAP % &2022 26,862 5,289 19.7% 17,060 63.5% 3,954 14.7% 559 2.1% District C ORANGE — I SANTA ANA' T. J PACIFIC PAI Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,067 -875 -1.7% 11,976 23.5% 33,724 66.0% 4,719 9.2% 648 1.3% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 AsiaMAP % Black CVAP Black CVAP % 29,470 11,280 38.3% 14,219 48.2% 3,248 11.0% 722 2.5% 2020 Census 66% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 48% Other % Latino % Asian % Black 2/1 /2022 District D PACIFIC PARK c 0 LVON STRFrT m - a MADISON PARK NJ Edinger Ave - r� E Edlnyer A, NORTH ISLAND SANTA Al,. CEDAR GARDENS EVERGREEN a m a` I 0 m = I .,. �i DELHI E Warner Ave. aya a Oy i iiISANTA A DYER East Dyer Rca 1acA .hur GI., ' -- J c Pe Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,459 -1,483 -2.9% 3,517 7.0% 43,961 87.1% 2,728 5.4% 253 0.5% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 AslaMAP % Black CVAP Black CVAP % 2020 Census 87% 7% 5% - 0% Other % Latino % Asian % Black % Citizen Voting Age Population 7S% Other % Latino % Asian % Black % 26,238 3,974 15.1% 19,755 75.3% 2,061 7.9% 449 1.7% District E 2020 Census 86% 7% 6% GRAND 1% SUNRISE Other % Latino % Asian % Black % Citizen Voting Age Population a Pia 73% Other % Latino % Asian % Black % 1 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 52,413 471 0.9% 3,651 7.0% 45,053 86.0% 3,154 6.0% 555 1.1% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 Asla??9AP % Black CVAP Black CVAP % 20,470 2,999 14.7% 14,976 73.2% 2,247 11.0% 248 1.2% 2/1 /2022 District F 2020 Census 88% K F SANTA ANA " U Irvine BIVC. Irvin e el„o Tustin PACIFIC PARK 'aAfa a�a 6% 4% 1 0% Other % Latino % Asian % Black % ' BROWNING BROWNING W iLSNiPE Pe p STATION Citizen Voting Age Population SQUAPF MADISON PARK 1 ''a 'a E Etlinge. Ave CEDAR EVERGREEN Ny 769/, SANTAANA MEMORIAL PARK W Warner A—SOITI A 13% D EP E-t Dyer Road 0°/D Other% Latino % Asian% Black% � A /Macart 1��rI IJ LtC,:i caLtUwoo� r -- ,///i�{�y/v\ V yi 5 0�/ P WESTPARK O ¢ Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,906 -1,036 -2.0% 3,327 6.5% 44,903 88.2% 2,361 4.6% 315 0.6% qI�XPC(9mVrq� ° ° 1 - M�� ° D 2/1 /20� Total CVAP Other AP /o Latino CVAP Latino CVAP /o Asian CVAP sia AP /o Black CVAP Black CVAP /o 20,288 2,728 13.4% 15,575 76.8% 1,826 9.0% 159 0.8% ORANGE Council 16-222 ANTA ANA TRIANGLE YOUNG SQUARE 2/1 /2022 lu lir, 2020 Census A B C D E F Population 49,763 53,110 51,067 53,213 53,594 50,906 Deviation -2,179 1,168 -875 1,271 1,652 -1,036 Deviation % -4.2% 2.2% -1.7% 2.4% 3.2% -2.0% Other 4,307 5,419 11,976 4,053 3,200 3,327 Other % 8.7% 10.2% 23.5% 7.6% 6.0% 6.5% Latino 26,584 41,568 33,724 45,656 46,633 44,903 Latino % 53.4% 78.3% 66.0% 85.8% 87.0% 88.2% Asian 18,488 5,473 4,719 3,164 3,279 2,361 Asian % 37.2% 10.3% 9.2% 5.9% 6.1% 4.6% Black 384 650 648 340 482 315 Black % 0.8% 1.2% 1.3% 0.6% 0.9% 0.6% Citizen Voting Age Population (CVAP) A B C D E F Total CVAP 30,076 26,197 29,470 26,977 21,345 20,288 Other CVAP 4,394 5,169 11,280 4,097 2,935 2,728 Other CVAP % 14.6% 19.7% 38.3% 15.2% 13.7% 13.4% Latino CVAP 12,550 16,695 14,219 20,185 15,639 15,575 Latino CVAP % 41.7% 63.7% 48.2% 74.8% 73.3% 76.8% Asian CVAP 12,915 3,774 3,248 2,240 2,500 1,826 Asian CVAP % 42.9% 14.4% 11.0% 8.3% 11.7% 9.0% City Council 16 - 223 2/1/2022 Black CVAP 216 559 722 456 271 159 Black CVAP % 0.7% 2.1% 2.5% 1.7% 1.3% 0.8% District A E— 2020 Census TPL W,�INs� 53% SANTA ANA " WILSHIRE SQUARE W Edinger Ave L SANTA ANA MEMORIAL PARK s Warner Avenue Warner Avenue^ - WWarner Ave % 2 COIONIA H p JUAREZ n SOUT —A41 Fountain Valley a�°Po Talbert Avenue w�' Talbert A—, - Sa "-� Mac Ar; Iru� lii.� Mac Art— bract � Or - e9R / R Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % Ed, 49,763 -2,179 -4.2% 4,307 8.7% 26,584 53.4% 18,488 37.2% 384 0.8% Total CVAP OtherqVAPC(9mVr'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'aMAP % Black CVAP Black CVAP % 30,076 4,394 14.6% 12,550 41.7% 12,915 42.9% 216 0.7% 8� 0% Other % Latino % Asian % Black % Citizen Voting Age Population 41% 42% - 0% Other % Latino % Asian % Black % jp 2/1 /2022 District B 2020 Census PACIFIC PARK WILSHIRE 1% SQUARE Other % Latino % Asian % Black % MADISON PARK IN Edinyar A- i E CEDAR Citizen Voting Age Population EVERGREEN SANTA ANA 63% MEMORIAL PARK f DELHI E Warr -- SOUTH SANTA ANA DYER E.ltl DI 3� �¢ a `o 4 T 9`r S� 9 Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,110 1,168 2.2% 5,419 10.2% 41,568 78.3% 5,473 10.3% 650 1.2% Total CVAP OtherqVAPC(9m9'C6P % Latino CVAP Latino CVAP % Asian CVAP1 AsiaMAP % Black CVAP Black CVAP % Other % Latino % Asian % Black % 1 /2022 26,197 5,169 19.7% 16,695 63.7% 3,774 14.4% 559 2.1% District C ORANGE — I SANTA ANA' T. J PACIFIC PAI Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 51,067 -875 -1.7% 11,976 23.5% 33,724 66.0% 4,719 9.2% 648 1.3% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As a??9AP % Black CVAP Black CVAP % 29,470 11,280 38.3% 14,219 48.2% 3,248 11.0% 722 2.5% 2020 Census 66% 1% Other % Latino % Asian % Black % Citizen Voting Age Population 48% Other % Latino % Asian % Black 2/1 /2022 District D K SADDLEBACK VIEW y i v4 LYON STREET PACIFIC PARK MADISON PARK E Edinycr Ave. CEDAR EVERGREEN I j 4� DELHI E Warner Ave, a a 05 (r 1NTA DYER Ea:I nv. P-1 �1 I F 2020 Census 85% 7% - 5% - 0% Other % Latino % Asian % Black % Citizen Voting Age Population e�M Q 1% Other % Latino % Asian % Black % Bti, Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,213 1,271 2.4% 4,053 7.6% 45,656 85.8% 3,164 5.9% 340 0.6% Total CVAP OtherqVAPC(9m9'CVAP % Latino CVAP Latino CVAP % Asian CVAP1 As'a??VAP % Black CVAP Black CVAP % 26,977 4,097 15.2% 20,185 74.8% 2,240 8.3% 456 1.7% District E 2020 Census 87% SA— ANA n£ TRIANGLE J ,ve„I,dS„K,wo„ I� �rt,a A�a RI a f Ea,,.« S„- 1111 a.,,.a E�„ee, E,,III S—e, 2 E HERNARKER m Eai:noos CIFIC RARE e�snoiis VILSHIRI SQUARE GRAND 6% 6% SUNRISE 0% Other % Latino % Asian % Black % Citizen Voting Age Population 73% Other% Latino % Asian% Black% QEHoeart St EHoeart st Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 53,594 1,652 3.2��1%���11nnrrIIII 3,200 6.0% 46,633 87.0% 3,279 6.1% 482 0.9% rr��}}VV 2�� �2�22 Total CVAP Other�CVAPC(9mVr'CVAP % Latino CVAP Latino CVAP % AsianCVAP AsiaMAP % Black CVAP Black CVAP % 21,345 2,935 13.7% 15,639 73.3% 2,500 11.7% 271 1.3% District F 2020 Census 88% K F SANTA ANA " U Irvine BIVC. Irvin e el„o Tustin PACIFIC PARK 'aAfa a�a 6% 4% 1 0% Other % Latino % Asian % Black % ' BROWNING BROWNING W iLSNiPE Pe p STATION Citizen Voting Age Population SQUAPF MADISON PARK 1 ''a 'a E Etlinge. Ave CEDAR EVERGREEN Ny 769/, SANTAANA MEMORIAL PARK W Warner A—SOITI A 13% D EP E-t Dyer Road 0°/D Other% Latino % Asian% Black% � A /Macart 1��rI IJ LtC,:i caLtUwoo� r -- ,///i�{�y/v\ V yi 5 0�/ P WESTPARK O ¢ Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 50,906 -1,036 -2.0% 3,327 6.5% 44,903 88.2% 2,361 4.6% 315 0.6% qI�XPC(9mVrq� ° ° 1 - ??9 ° D 2/1 /20� Total CVAP Other AP /o Latino CVAP Latino CVAP /o Asian CVAP sia AP /o Black CVAP Black CVAP /o 20,288 2,728 13.4% 15,575 76.8% 1,826 9.0% 159 0.8% Public Works Agency www.santa-ana.org/pw Item # 17 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Bristol Street and Memory Lane Intersection Improvements AGENDA TITLE Public Hearing - Adopt a Resolution of Necessity Determining Public Interest and Necessity for the Acquisition of Real Property Located at 2702 N Bristol Street (Property Owner: Metro Star, LLC) (Project No. 17-6883) (Non -General Fund) RECOMMENDED ACTION Adopt a resolution of necessity authorizing the condemnation of a portion of the real property located at 2702 N Bristol Street (APN 002-261-06), owned by Metro Star, LLC, declaring the public necessity and interest thereof. (Requires five affirmative votes) DISCUSSION Bristol Street is classified as a north -south major arterial in the City's General Plan Circulation Element and the Orange County Master Plan of Arterial Highways. Improving the 3.9-mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority that is being constructed in several phases. The configuration at the Bristol Street/Memory Lane intersection consists of two southbound through lanes and a dedicated right -turn lane. To accommodate a third through lane, the proposed intersection improvements require relocation of curb, gutter, sidewalk, and driveway approaches to the west. Consequently, acquisition of a portion of the parcel at 2702 N Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owner, Rim Pacific Investors Portofino, and their representatives, for the past 24 months. A good faith offer was made on December 20, 2021, in the amount of $135,000 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street and Memory Lane Intersection Improvements project schedule and meet the funding requirement to commence construction in late 2022, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. City Council 17 — 1 2/1/2022 Resolution of Necessity for Bristol Street and Memory Lane Intersection Improvements February 1, 2022 Page 2 ENVIRONMENTAL IMPACT In 1990, the City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications at the intersection of Bristol Street and Memory Lane, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on December 5, 2017. FISCAL IMPACT Funds in the amount of $135,000 are budgeted and available in the Bristol Street and Memory Lane Intersection Improvements Project (No. 17-6883) for property acquisition expenditures in FY 2021-22 as follows: Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description 2021-22 03217663-66100 Measure M- Measure M2 Competitive Street, $101,250 (17-6883) Street Construction Land 03517660-66100 New Transportation New Transportation 2021-22 (17-6883) System System Improvements $33,750 Improvement Area F Area F, Land TOTAL $135,000 EXHIBIT(S) 1. Location Map 2. Offer Letter 3. Resolution of Necessity Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 2 2/1/2022 w w MEMORY O m PARK LN ®-ACQUISITION IN PROGRESS -ACQUISITION COMPLETED SANTAANA Project No. 17-6883. Phi BRISTOL STREET AND MEMORY LANE INTERSECTION IMPROVEMENT PUBLIC WORKS AGENCY I mr-c%r11 1 ITIA1\1 r%r- \Ir/'rnnlTV MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan December 20, 2021 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org Metro Star, LLC, A California limited liability company Attn: Mr. Cyress Jamalzadeh 6802 Wish Avenue Van Nuys, CA 91406-4440 SUBJECT: OFFER TO ACQUIRE PROPERTY INTERSTS AT: 2702 North Bristol, Santa Ana, CA 92706 APN: 002-261-06 Dear Mr. Jamalzadeh, CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Via FedEx and email The City of Santa Ana ("City") is proceeding with its plans to construct the Bristol Street and Memory Lane Intersection Widening Project. The City obtained a preliminary title report that lists Metro Star, LLC, a California Limited Liability Company, as the vested owner, Attachment 1. The City seeks to acquire a portion of your property and a six month Temporary Construction Easement (TCE), which consists of the underlying real property as described in Attachments 2A and depicted on Attachments 2B. The areas to be acquired are referred to herein as the "Property Interests". No final determination has been made as to the ownership of the Property Interests. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property Interests that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property Interests appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers a total compensation of One Hundred Thirty -Five Thousand Dollars ($135,000). yvrrwrT93IV9K.m►[yu Vicente Sarmiento Davicl Penaloza Inai ie an essie opez 1 acerra o na an yan ernan ez Nelida Mendoza Mayor �'Ita�¢ ��r�^1�ard 2 Ward 1 Ward 3 17 _ 4 Ward 4 W /2022 Ward 6 vsarmientoCa�santa-ana.ora ena oza asan a-ana.oro tohanCc)santa-ana.ora iessielooezCa) ants-ana.ora pbacerra&santa-ana.ora irvanhernandez sar a-ana.oro nmendozaCasanta-ana.ora 2702 North Bristol St Santa Ana, CA 92705 December 20, 2021 The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditioned upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property Interests, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property Interests through its power of eminent domain or abandon its intention to acquire the Property Interests, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property Interests and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property Interests and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement and Summary of Basis for Appraisal, identified as Attachment 3. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 4. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Although you have the right to obtain your own appraisal and are entitled to receive up to $5,000 for your appraisal as described above, please note that the City of Santa Ana is not obligated to accept your appraiser's value of the Property Interest. The City of Santa Ana, however, will review your appraisal and if appropriate, confer with the City's independent appraiser regarding the merits of your appraisal. Please let us know prior to January 21, 2022 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property Interests will be provided to you for your review and approval. City Council 17 — 5 2/1/2022 2702 North Bristol St Santa Ana, CA 92705 December 20, 2021 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property Interests, or in any other action. If you need additional information, please call Mr. Kenny Nguyen at (714) 647-5632 or email at KNquyen Santa-Ana.Orq. Sincerely, Jason Gabriel, P.E. Principal Civil Engineer Attachments: 1, 2A, 213, 3, 4, 5, and 6 Cc: Mark S. Rosen — Lawson Office of Mark S. Rosen (27281 Las Ramblas, Suite 200, Mission Viejo, CA 92691-8303) City Council 17 — 6 2/1/2022 Attachment 1 commonwealth LAND TITLE COMPANY City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92702 Attn: Mindy Ly Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 Our File No: 09205693 Title Officer: Chris Maziar e-mail: unitl0@cltic.com Phone: (949) 724-3170 Fax: (949) 258-5740 Your Reference No: 002-261-06 Property Address: 2702 N BRISTOL ST, City Of Santa Ana, California PRELIMINARY REPORT Dated as of November 30, 2017 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. City Council 17 — 7 2/1/2022 Attachment 1 Order No: 09205693-920-CMM-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Standard Owner's Policy of Title Insurance (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee as to Parcel(s) 1; Easement(s) more fully described below as to Parcel(s) 2 Title to said estate or interest at the date hereof is vested in: Metro Star, LLC, a California Limited Liability Company The land referred to herein is situated in the County of ORANGE, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF City Council 17 — 8 2/1/2022 Order No: 09205693-920-CMM-CM8 Attachment 1 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: PARCELI: THE EASTERLY 185 FEET OF THE SOUTHERLY 185 FEET OF LOT 25 IN THE POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY. EXCEPTING THEREFROM THE SOUTHERLY 20 FEET AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE FOR ROAD PURPOSES, RECORDED MARCH 21, 1917 IN BOOK 300, PAGE 264 OF DEEDS; ALSO EXCEPTING THEREFROM THAT PORTION ON THE SOUTH, INCLUDED WITHIN AN 80 FOOT STRIP, AS DESCRIBED IN THE DEED TO'THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 11, 1936 IN BOOK 843, PAGE 304 OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM THAT PORTION ALONG THE EASTERLY LINE, INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED JUNE 24, 1954 IN BOOK 2756, PAGE 396 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR DRIVEWAY PURPOSES AND FOR PLACING INSTALLING AND MAINTAINING THEREON SERVICE STATION FACILITIES AND INCIDENTAL PURPOSES OVER THE WESTERLY 15 FEET OF THE EASTERLY 200 FEET OF THE SOUTHERLY 200 FEET AND THE NORTHERLY 15 FEET OF THE EASTERLY 200 FEET OF THE SOUTHERLY 200 FEET OF LOT 25 OF THE POTTS, BORDEN AND SIDEWELL TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE SOUTHERLY 20 FEET AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE FOR ROAD PURPOSES, RECORDED MARCH 21, 1917 IN BOOK 300, PAGE 264 OF DEEDS; ALSO EXCEPTING THEREFROM THAT PORTION ON THE SOUTH, INCLUDED WITHIN AN 80 FOOT STRIP, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 11, 1936 IN BOOK 843, PAGE 304 OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM THAT PORTION ALONG THE EASTERLY LINE, INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED JUNE 24, 1954 IN BOOK 2756, PAGE 396 OF OFFICIAL RECORDS. Assessor's Parcel Number: 002-261-06 City Council 17 — 9 2/1/2022 Attachment 1 Order No: 09205693-920-CMM-CM8 SCHEDULE B — Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor of material not shown by the Public Records. City Council 17 — 10 2/1/2022 Order No: 09205693-920-CMM-CM8 Attachment 1 SCHEDULE B — Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. Water rights, claims or title to water, whether or not disclosed by the public records. 2. The privilege and right to extend and maintain drainage structures, wing walls, embankment and excavation slopes and incidental purposes, recorded September 11, 1936 in Book 843, Page 304 of Official Records. In favor of: State of California Affects: a portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Santa Ana Valley Irrigation Company Purpose: pipe lines Recording Date: February 15, 1937 Recording No: in Book 879, Page 122 of Official Records Affects: a portion of said land more particularly described therein. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Orange Purpose: street and highway Recording Date: September 18, 1958 Recording No: in Book 4419, Page 494 of Official Records Affects: a portion of said land more particularly described therein. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Jerry K. Arnold, et ux Purpose: driveway Recording Date: February 25, 1999 Recording No: as Instrument No. 99-135543 of Official Records Affects: a portion of said land more particularly described therein. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Chevron U.S.A., Inc., a Pennsylvania corporation Purpose: maintenance, inspection, operation and removal of monitoring wells Recording Date: August 23, 2005 Recording No: as Instrument No. 2005000662825 of Official Records Affects: said land more particularly described therein. 7. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. City Council 17 — 11 2/1/2022 Attachment 1 Order No: 09205693-920-CMM-CM8 9. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 10. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION City Council 17 — 12 2/1/2022 Order No: 09205693-920-CMM-CM8 Attachment 1 REQUIREMENTS SECTION: Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Metro Star, LLC, a California Limited Liability Company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member -managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. City Council 17 — 13 2/1/2022 Order No: 09205693-920-CMM-CM8 Attachment 1 INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 5. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 002-261-06 Fiscal Year: 2017-2018 1st Installment: $3,515.36 2nd Installment: $3,515.36 Exemption: Not Set Out Code Area: 11-001 6. Note: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 7. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Typist: tga Date Typed: December 13, 2017 City Council 17 — 14 2/1/2022 Order No: 09205693-920-CMM-CM8 Attachment 1 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; C. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of et rigM! a. CA4yl4&13WtjJhe area specifically described and referred to in parag4rT 3-ofj%hedule A; and 2/1 /2022 Attachment One (6-5-14) CA & NV Order No: 09205693-920-CMM-CM8 Attachment 1 b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 16: $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 18: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 19: $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 21: $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I I (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any may be L L11C 1-UHU. or claims thereof, not shown by the Public R177 dords. 16 Attachment One (6-5-14) CA & NV 2/1 /2022 Attachment 1 Order No: 09205693-920-CMM-CM8 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the (b) e�w e i ditolice power. This Exclusion l(b) does not modify ollyhiLth47overage provided under Covered IPM IM22t), 13(d), 14 or Attachment One (6-5-14) CA & NV Attachment 1 Order No: 09205693-920-CMM-CM8 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. City Council Attachment One (6-5-14) CA & NV 17 — 18 2/1 /2022 Order No: 09205693-920-CMM-CM8 Attachment 1 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC — Lawyers Title Company CLTIC — Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Mod. 10/21 /2011 City Council Pagc I ; 17 — 19 2/1 /2022 :`" IRE SAFE , Inquire before you wire! Attachment 1 Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbLL,o Internet Crime Complaint Center: httn://www.ic3.zov Wire Fraud Al Original EffectQt)w rCb1L n)aiJII7 17 — 20 2/1 /2022 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev Page 1 12/07/17) TM and 0 Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Attachment 1 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt -out of certain disclosures by following our opt -out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal information personal information about you, like your contact information, address from you via applications, forms, and correspondence we receive from demographic information, social security number (SSN), driver's license, you and others related to our transactions with you. When you visit our passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect may also receive browsing information from your Internet browser, and store certain information available to us through your Internet computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information. We request and use your personal When Information Is Disclosed. We may disclose your information to information to provide products and services to you, to improve our our affiliates and/or nonaffiliated parties providing services for you or products and services, and to communicate with you about these us, to law enforcement agencies or governmental authorities, as required products and services. We may also share your contact information with by law, and to parties whose interest in title must be determined. our affiliates for marketing purposes. Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt -out of certain disclosure or use of from children who are under the age of 13, and our website is not your information or choose to not provide any personal information to intended to attract children. US. Privacy Outside the Website. We are not responsible for the privacy International Users. By providing us with your information, you practices of third parties, even if our website links to those parties' consent to its transfer, processing and storage outside of your country of websites. residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us. If you desire to contact us or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. City Council 17 — 21 2/1 /2022 FNF Privacy Statement (Eff. 5/l/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 1 Order No. 09205693-920-CMM-CM8 Attachment 1 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority -owned subsidiary companies providing title insurance, real estate- and loan -related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate- and loan -related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; City Council 17 — 22 2/1/2022 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 2 Order No. 09205693-920-CMM-CM8 Attachment 1 • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes — information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt -out"): • for our affiliates' everyday business purposes — information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt -out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non -affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users City Council 17 — 23 2/1/2022 FNF Privacy Statement (Eff. 5/l/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 3 Order No. 09205693-920-CMM-CM8 Attachment 1 FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number - masked upon entry; • email address; • three security questions and answers; and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fhf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888)934-3354 City Council 17 — 24 2/1 /2022 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 4 Order No. 09205693-920-CMM-CM8 Attachment 1 . . I 11011 is •C N �+ W N La ■ N u�i4q L33HIS lust,, c i ii H x w This maplpIat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, I any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. Order: QuickView_ Page 1 of 1 Requested By: , Printed: 12/8/2017 10:08 AM Doc: 2-26 MAP ASSESSOR City Council 17 — 25 2/1/2022 Attachment 1 OWNER'S DECLARATION The undersigned hereby declares as follows: (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 09205693-920-CMM-CM8 for full legal description (the "Land"). b. Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 09205693-920-CMM-CM8 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above -referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; following are all of the leases or other occupancy rights affecting the Land: occupy/occupies the Land; and the 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property. City Council 17 — 26 2/1 /2022 Owner's Declaratio MISCO220 (DSI Rev. 6/23/16) Attachment 1 This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at Signature: Signature: City Council 17 — 27 2/1 /2022 Owner's Declaratio MISCO220 (DSI Rev. 6/23/16) HUITT-ZOLLARS, INC • 2603 Main Street • Suite 400 • Irvine, CA 92614-4250 • 949.988.5815 phone • 949.988.5820 fax - huitt-zollars.com R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION A.P. NO. 002-261-06 That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows: Beginning at the Easterly terminus of that certain course in the Northerly Right -of -Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right -of -Way line North 45°57'17" East 37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01 °09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right -of -Way line, the following two (2) courses: South 01 °09'50" West 115.00 feet and South 46003'35" West 28.34 feet to the point of beginning. Containing an area of 1,645 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. m W 70 G O a � JE J. L NHERR, PLS 9305 V *, NO. 9305 s City Council 17 — 28 2/1/2022 r/R30 513.03/02/02.10/NewROW-3/zk/dwm I I Q AID ok r ~ f W cl) �j N89 03'28W N89'OJ'28 "W 11. 00' �o i (o _ Q� o l Q (0�i aW ti ti 'K 11' 50' O 61. r (XXX) INDICA TES RECORD N45 57'17"E DATA PER R.S.B. 64146 37.96' NAB L4 NIL RIGHT OF WAY LINE MEMORY LANE (N89 57'30 � "W-, 70.12) Lw o a � _ N89 03'28 "W * N0. 9305 * - - - - MEMOR Y Lo Sr�Fe OF C"`'F REVISED: 4112118 i N46 03'35 "E 28.34' —P. D.B. ` N89 03'28 "W 17.74' scat£ 1 "=50' HUITT—ZOLLARS SKETCH TO ACCOMPANY A LEGAL DESCRIPTION DRAW BY DWU 26W MeJn �s ee suite 400, Irvine, cn 2s 6% EXHIBIT 'BCHECKED BY JJL Phone (949) 988-5815 Fax (949) 988-5820 RIGHT OF WA Y DAB 4/s/2o18 APPROVED BY CQUISTION fy y I %$ X..F.� 002-261-06 l�l 22R307513.03 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX05.DWG N'nTT-_ I} HUITT-ZOLLARS, INC • 2603 Main Street • Suite 400 • Irvine, CA 92614-4250 • 949.988.5815 phone • 949;988;5820 fax • huitt-zollars.com R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 002-261-06 That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, being a strip of land 5.00 feet in width, the Southeasterly and Easterly lines of said strip described as follows: Commencing at the Easterly terminus of that certain course in the Northerly Right -of - Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly Right -of -Way line North 45°57'17" East 37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristof Street as shown on said Record of Survey; thence along said parallel line North 01 °09'50" East 108.17 feet to a line being parallel with and 185.00 feet Northerly of the centerline of Memory Lane as shown on said Record of survey. The Westerly line of said strip of land to be lengthened or shortened so as to originate in said Northerly Right -of -Way line of Memory Lane and to terminate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane. Containing an area of 733 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. City Council 17 — 30 2/1 /2022 r/R30 513.03/02/02.10/NewTCE-3/zk/dwm EXHIBIT "A" R307513.03 LEGAL DESCRIPTION -CONTINUED 04-06-18 TEMPORARY CONSTRUCTION EASEMENT Revised A.P. NO. 002-261-06 04-12-18 PAGE 2 All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. V JE ]. LENHERR, PLS 9305 J. Q D 0 1 * NO. 9305 * l OF City Council 17 — 31 2/1/2022 r/R30 513.03/02/02.10/NewTCE-3/zk/dwm a I a � I � f sa a I , w a Q o � co r, N89 03'28"W 3 I o y � + n co o ! o z a I z 61' (XXX) INDICATES RECORD s DATA PER R.S.B. 64/46 I Q T.P. B. N45 57'] 7"E _ 37.96' Npl Lq�yQ NLY RIGHT OF WAY P.O.C. lei GAL LINE MEMORY LANE (N8-Q �' � "W-- N89 03'28"W 17.74 I I N89 03'28 "W * N0. 9305 MEMORY LANE te OF CA������`r REVISED 4/12/18 HUITT—ZOL L4AS SKETCH TO ACCOMPANY ��� A LEGAL DESCRIPTION DRAW4 BY Dt,,yM Hultt-Zollars, Inc. Irvine 2603 Main Street, State 400, Irvine, CA 92614 EXHIBIT PBP CHECKED BY JJL Phone (049) 9ee-5815 Fax (949) 988-5820 TEMPORARY DAB APPRDrED BY CONSTR TI N EA E 4 1s 2018 A17P.-1�2002-261-08-162�?. 7513.03 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX06.DWG STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) n1A/NFRCNID Metro Star, LLC The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. The appraisal will be used in negotiations with the property owner for the possible partial acquisition of the larger parcel as part of the Bristol Street and Memory Lane Intersection Improvements Project. City Council 17 — 33 2/1 /2022 Page l DESCRIPTION OF THE LARGER PARCEL Ownership: Location: Assessor's Parcel No Date of Value: Metro Star, LLC 2702 N. Bristol Street, Santa Ana, California 92709 002-261-06 October 26, 2021 Property Rights Appraised: Fee simple Site Area: Approximately 19,839 square feet, or 0.46 acre, according to the Assessor's Map. Zoning: The parcel is zoned C1, Community Commercial, by the City of Santa Ana. Present Use: Vacant land Highest and Best Use: The highest and best use is future commercial ddevelopment. Improvements: Vacant land Description of Acquisition: The project as proposed includes two acquisitions: one fee acquisition, and one temporary construction easement. The acquisitions are located along the eastern border of the property along N. Bristol Street. City Council 17-34 2/1 /2022 Page 2 Sales Comparison Approach — Land Value To develop an opinion of the subject's land value, as if vacant and available to be developed to its highest and best use, we utilize the sales comparison approach. This approach develops an indication of value by researching, verifying, and analyzing sales of similar properties. Our sales research focused on transactions within the following parameters: • Location: • Size: • Use: • Transaction Date: Orange County Up to one-half acre Commercial January 2020 to present For this analysis, we use price per square foot as the appropriate unit of comparison because market participants typically compare sale prices and property values on this basis. Very few land sales were found that are similar to the larger parcel in terms of size and signalized corner location. Land Value Conclusion Among numerous items investigated, six (6) items were selected for comparison. They range in size from 12,197 to 30,056 square feet and are considered most similar and/or proximate to the subject site. Chronologically, the sales range from August 2020 through September 2021 with sales prices ranging from $1,200,000 to $3,000,000. This equates to a range of $62.88 to $132.44 on a per square foot basis. Ranking analysis of the adjusted data yields the following result for the subject parcels: Land Valuation Array Item No. Overall Comparability Cumulative Adjusted Price Per Square Foot 3 Superior $132.44 5 Superior $98.38 2 Superior $95.03 4 Superior $92.82 6 Similar $83.22 LARGER PARCEL $80.00 1 Inferior $62.88 These sales are ranked from "inferior" to "superior" relative to the subject parcel. This ranking summarizes the sales by an overall comparison to the subject showing the range of land value indicators. Not all land value indicators were given equal weight in the overall analysis. The heaviest consideration is given to location, and access/exposure, as these would be the most influential factors impacting value. Conversely, the size and shape were found to not have a noticeable impact on commercial land in a tight market with limited availabilities. We placed the greatest reliance on Sale 6 as it located in Santa Ana and is considered most similar overall. Based on the above analysis, it is our opinion that the fair market land value of the larger parcel is concluded to be $80.00 per square foot, which equates to a concluded land value as follows. City Council 17-35 2/1 /2022 Page 3 Land Value Conclusion Indicated Value per Square Foot $80.00 Subject Square Feet 19,839 Indicated Value $1,587,120 Valuation of the Parts Acquired The subject's larger parcel is impacted by two proposed acquisitions: a fee acquisition and a temporary construction easement. Fee Acquisition The area to be acquired for the proposed fee acquisition is 1,645 square feet. This area will be acquired in fee; the property owner will lose all rights to this area and the full fee value of the acquisition area is indicated. Fee Acquisition Assesor's Parcel Land Value Indicated Number Area ($/SF) Land Value Value 002-261-06 1,645 $80 $131,600 100% $131,600 Site Improvements within the Acquisition Area No site improvements will be impacted by the project as proposed. Value of the Remainder as a Portion of the Whole The valuation of the remainder parcel after the partial acquisition and the construction of the project in the manner proposed presumes a hypothetical condition. This is because, as of the effective date of value of this report, the partial acquisition has not yet been acquired or severed from the larger parcel and the project has not commenced construction. Project information received from the client has been relied on in analyzing the impact the proposed project will have on the remainder parcel in the "after" condition. The use of a hypothetical condition may have affected the assignment results. Valuation of the remainder parcel as part of the whole is measured by subtracting the value of the part acquired from the larger parcel value, as follows: Remainder as a Portion of the Whole Value of the Larger Parcel - Land Only $1,587,120 Less: Permanent Acquisitions-$131,600 Remainder as a Portion of the Whole - Land Only $1,455,520 The figure above is useful for comparison purposes, with the value of the remainder in the after condition, as the method for estimating damages to the remainder. Value of the Remainder in the After Condition Before Considering Benefits Valuation of the remainder parcel after acquisition considers how the partial acquisition affects the remainder parcel. Methodology involves a determination as to severance damages and benefits that ma . City Council 17 — 36 2/1/2022 Page 4 Value of Remainder in the After Condition Before Considering Benefits Land Area % Property Indicated Property (SF) $/SF Rights Value Larger Parcel in After Condition 18,194 $80.00 100% $1,455,520 Severance Damages California Eminent Domain Law defines Damage to the remainder as the damage, if any, caused by either or both of the following: a) The severance of the remainder from the part acquired, b) The construction and use of the project for which the property is acquired in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part acquired. Damage considerations include issues related to air, light, and view obstruction, a change in utility due to shape, topography, access or other physical impairment, or a reduction in site amenities enjoyed in the "before" condition. In the after condition, the use and utility of the larger parcel will be unchanged. No damages are shown, as follows: Severance Damages Value of the Remainder as Part of the Whole - Land Only $1,455,520 Value of the Remainder in the After Condition - Land Only $1,455,520 Severance Damages $0 Value of the Remainder in the After Condition After Considering Benefits Briefly stated, benefits are defined as any value enhancement resulting from the project. As cited in Los Angeles County Metropolitan Transit Agency v. Continental Development Corporation, 97 Daily Journal D.A.R. 11021, "...all reasonably certain, non -speculative benefits resulting from the project may offset against severance damages..." Although the community in general may benefit from the proposed Project, I have found no evidence of benefits accruing to the Remainder in the "After" condition. The construction of the project in the manner proposed may bring benefits to the area in the form of traffic allowance and safety, and, hence, value enhancement; however, at this time, such benefits are not quantifiable. The value of the remainder in the after condition after considering benefits is not changed from the value of the remainder in the after condition before considering benefits; thus, no benefits are shown, as follows: Benefits Remainder in the After Condition After Considering Benefits - Land Only $1,455,520 Remainder in the After Condition Before Considering Benefits - Land Only $1,455,520 Benefits $0 Fair Market Value of Temporary Construction Easement A temporary construction easement is proposed to allow for the construction of the project as proposed. A review of the proposed agreement to assess the degree of encumbrance on the property was completed to ascertain which rights the fee owner retains. The impact on value may be a function of the City Council 17 — 37 2/1 /2022 Page 5 loss of utility, access and use rights to be transferred and the obligations of the parties during the construction period. The TCE is intended to allow the contractor onto the site to complete construction -related activities. The presence of the proposed TCE appears to restrict the normal use of the area by the owner and a ground rent equivalent to 100% of the market ground rental rate is indicated. The current rates of return on land leases have led us to conclude that the fair market land rental rate is 10% of the value of the land per year, inclusive of real estate taxes. The TCE is to endure for six (6) months. An application of the appropriate value per square foot is applied to the concluded rate of return for the land area affected by the temporary construction easement. For the area affected by the TCE, the indicated fee value of the land rental component is calculated in the following table. Temporary Construction Easement (Land Rental Component) Assesor's Parcel Land Value TCE Land Annual Rate of Annual Duration Indicated Number Area ($/SF) Value Return TCE Value (Years) Value 002-261-06 733 $80 $58,640 10% $5,864 0.5 $2,932 City Council 17 — 38 2/1/2022 Page 6 Reconciliation and Conclusion of Value On the preceding pages we have developed opinions concerning the larger parcel and the components of it which are relevant to the parts acquired and temporary impacts. The following valuation summary presents our conclusions of the total fair market value of all property rights proposed for acquisition from the larger parcel. Valuation Summary Date of Value: October 26, 2021 Permanent Property Rights Value of Larger Parcel Permanent Parts Acquired Value of the Remainder as Portion of the Whole Value of the Remainder in the After Condition Severance Damages Benefits Net Severance Damages Fair Market Value of Permanent Property Rights Acquired Temporary Property Rights Value of Temporary Construction Easement (TCE) - Land Only Value of Site Improvements within Acquisition Area Total Value of Temporary Construction Easement Total Fair Market Value of Proposed Acquisition Rounded Value of Property Rights Valuation Opinions to be Acquired $1,587,120 $131,600 $1,455,520 $1,455,520 $0 $131,600 $131,600 $2,932 $2,932 $2,932 $134,532 $135,000 The above is a summary of my appraisal prepared at the request of, and to be used by, the client to comply with Code of Civil Procedure Section 1255.010(b). My appraisal is the basis for this summary and was made in accordance with accepted appraisal principles, consistent with California Valuation Law. Stephanie L. Kavanaugh, Certified General Real Estate Appraiser, Certificate No. AG030565, provided assistance in this assignment. J. Richard Donahue, MAI, FRICS Certified General Real Estate Appraiser Certificate No. AGO08427 Expi9rdt(fi,1Pri 1 12,202317 — 39 2/1/2022 Page 7 Summary of Comparable Land Sales Sale Date; SF; $/SF No. Name/Address Status Sale Price Acres Zoning Land 1 3036 W Lincoln Ave Sep-21 $1,890,000 30,056 MU- Mixed Use $62.88 Anaheim Closed 0.69 Orange County CA Comments: This is the sale of a vacant parcel located midblock near the intersection of Beach Blvd and Lincoln Ave. It is zoned for mixed use development with a maximum density of 60 units per acre. The seller's broker reports that the buyer plans to hold for future development. Surrounding improvements include a mix of commercial and residential uses. 2 2192 SE Bristol St Aug-21 $1,702,500 17,916 CN, $95.03 Newport Beach Closed 0.41 Neighborhood Orange County Commercial CA Comments: The is the sale of a former Enterprise Rent A Car location, located midblock on Bristol Street. The buyer is Fletcher !ones Motorcars, which owns adjacent properties. The site is improvements with asphalt paving and perimeter fencing. The buyer will use the site for parking, airport shuttle and car washing. The broker reports that they received numerous offers and that the sales price was a fair market price. 3 The Corner Jun-21 $3,000,000 22,651 CC, Community $132.44 17025 Brookhurst St Closed 0.52 Commercial Fountain Valley Orange County CA Comments: This is the sale of a 0.52 acre lot located on the corner at Brookhurst and Warner. This is one of the busiest intersections in the trade area and has potential for multiple uses. This is an outparcel to Sam's Club and is located nearby other top tier retailers such as 24 Hour Fitness, Habit Burger and Fountain Valley Bowling, etc. The broker reports that the buyer plans to develop a mixed -use, office and retail building on the site. The property sold without entitlements in place. 4 232 E Katella Ave Jun-21 $2,344,000 25,252 CP, Commercial $92.82 Orange Closed 0.58 Prof. Orange County CA Comments: This is the purchase of a previously improved commercial lot with a midblock location on Katella Avenue. The buyer acquired the land to develop a pre-school. They are currently finalizing entitlements with the City. The seller purchased the site in 2018 with the intention to develop an office/medical building but decided to sell due to the demand in the Market. Surrounding improvements include commercial properties along Katella Avenue and residential improvements on interior streets. 5 6100-6172 Beach Blvd Mar-21 $1,200,000 12,197 GMU (General $98.38 6172 Beach Blvd Closed 0.28 Mixed Use) Buena Park Orange County CA Comments: This is the purchase of four parcels totaling .28 acres of vacant land. It is reported that permits for the site are Ready -To -Issue (RTI) for the construction of a four -unit mixed -use development totaling approximately 5,940 SF with two live/work suites with residential units totaling approximately 2,199 SF above approximately 3,741 SF of total commercial space, 18 on -site parking spaces, and related site improvements. Surrounding improvements along Beach Blvd. include older commercial uses and auto dealerships. Residential improvements are located on interior streets. 6 1904 1st St Aug-20 $1,450,000 17,424 General $83.22 Santa Ana Closed 0.40 Commercial Orange County CA Comments: This is the purchase of a site previously improved with a restaurant. The property has been vacant for 2 years and was sold for land value. The broker reports that the buyer plans to build a gas station and convenience store on the lot. There were no entitlements in place at the time of sale. Subject 19,839 C1 Metro Star, LLC 0.46 Santa Ana, CA City Council 17-40 2/1 /2022 Page 8 ATTACHMENT 4 APN: 002-261-06 SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for City Council 17 — 41 2/1/2022 ATTACHMENT 4 APN: 002-261-06 Page 2 doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. City Council 17 — 42 2/1/2022 ATTACHMENT 5 �AAICAU-.11 lst ACQUISITION HANDBOOK CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 City Council 17 — 43 2/1/2022 ATTACHMENT 5 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. City Council 17 — 44 2/1/2022 ATTACHMENT 5 TABLE OF CONTENTS WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? MUST I ACCEPT THE CITY' S INITIAL OFFER? M� MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY' S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 How SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 City Council 17 — 45 2/1 /2022 ATTACHMENT 5 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Warner Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. City Council 17 — 46 2/1/2022 ATTACHMENT 5 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce after expenses and how investors typically value that income. 1LT/IQAIsoEITAW.Xej:/.1104D 111111I:\11"is1111111,1W.199R.1KIDI% YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. City Council 2 17 — 47 2/1/2022 ATTACHMENT 5 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. City Council 17 — 48 2/1 /2022 ATTACHMENT 5 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. 1LTA1,IFN 8 1,Ell 99V0Ia II,IBES]I 1'(K el13O dIMSu1•/7Z179D):14 Mei The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in City Council 17 — 49 2/1/2022 ATTACHMENT 5 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of - Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. City Council 17 — 50 2/1/2022 ATTACHMENT 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (I) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. City Council 17 — 51 2/1/2022 ATTACHMENT 5 (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. City Council 17 — 52 2/1/2022 City Council 17 — 53 2/1/2022 ATTACHMENT 6 Form W'9 Request for Taxpayer Give Form to the (Rev. December Identification Number and Certification requester. Do not Department of the Treasury entoft20eas send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. N 2 Business name/disregarded entity name, if different from above tU m to 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to o rn ❑Individual/sole proprietor or ElC Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate certain entities, not individuals; see instructions on page 3): o e C, 0 single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) 0- Exempt payee code (if any) ` o � Note. For a single -member LLC that is disregarded, do not check LLC; check the a 9 g appropriate box in the line above for Exemption from FATCA reporting N the tax classification of the single -member owner. code if an ( y) — C lL V ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) to a m 6 City, state, and ZIP code m 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number ( However, for a page — m _ resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. F_T___1 Li� GertiTlcation Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien.), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. City Council Cat. No. 1023117 — 54 2/1112OA29 (Rev.12-2014) ATTACHMENT 6 Form W-9 (Rev. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: Page 2 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 1. You do not furnish your TIN to the requester, 2. You do our yp en require see e a instructions on page 3 for details), City ound 17 — 55 2/1 /2022 ATTACHMENT 6 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for ... Interest and dividend payments All exempt payees except i for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,000 1 through 5 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions Paae 3 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer identification Number, to apply for an !TIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that See Form inQo_nnier hd4_.1.I,..._...._ ,_____ :.o isisk elaHeTe you intend to apply for one soon. City CioUMCIl .P1,Ton: regarded U.S. entity that has afore ig��P20sethe ap ropriaf rm W-8. ATTACHMENT 6 Form W-9 (Rev. 12-2014) Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual B. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) Pace 4 s You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" .name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. ' List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. "Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 orTTY/7DD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.govlidtheft or 1-877-I DTH EFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer VISA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2Circle the minry+sneebit styil7i minor's SSN. 1 7 _ G7 2/1 /2022 EXHIBIT 3 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2702 N. BRISTOL STREET (APN NO. 002-261-06) FOR THE BRISTOL STREET AND MEMORY LANE INTERSECTION IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On February 1, 2022, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to California Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest and necessity requires the project described above ("Project"); B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the Project; D. Whether the offer required by California Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Statement/Environmental Impact Report No. 89-01 and all subsequent addenda, including the addendum prepared for the Bristol Street and Memory Resolution No. 2022-XXX City Council 17 — 58 2/1VNTT of 4 Lane Intersection Improvements Project, which was approved on December 5, 2017 by City Council Resolution No. 2017-077. Section 3. Pursuant to Title XIV, California Code of Regulations, section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Project will have the potential for any significant adverse effect on fish and wildlife. The Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, the payment of Fish and Game Department filing fees is not required in conjunction with this Project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed Project. B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The Property located at 2702 N. Bristol Street (APN No. 002-261-06), as described in Exhibit A, is necessary for the Project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience, and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of the Bristol Street and Memory Lane Intersection Improvements Project. The location of the Project is the intersection of Bristol Street and Memory Lane. Included in the Project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Resolution No. 2022-XXX Pag ity° ouncil 17 — 59 2/1/2022 Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of )2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: `%w -E.,4� J nn M. Funk Sr. Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2022-XXX City Council 17 — 60 2/`IV202� of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-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. 2022-XXX Pagtlty ouncil 17 — 61 2/1/2022 HUITT-AAM EXHIBIT A HUITT-ZOLLARS, INC • 2603 Main Street - Suite 400 • Irvine, CA 92614-4250 - 949.988.5815 phone • 949 988 5820 fax • huitt-zollars com R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION A.P. NO.002-261-06 That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows: Beginning at the Easterly terminus of that certain course in the Northerly Right -of -Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right -of -Way line North 45°57'17" East 37.96 feet to a line parallel with and 6 1. 00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01 °09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right -of -Way line, the following two (2) courses: South 01 °09'50" West 115.00 feet and South 46°03'35" West 28.34 feet to the point of beginning. Containing an area of 1,645 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. clwltl 4 =-k-� ' APAWJ. L NHERR, PLS 9305 �Pl LAJ. ND O a � NO. 9305 OF CAL►F©��`� City/ Council 17 — 62 2/1/2022 r/R30 513.03/02/02.10/NewR0W-3/zk/dwm I I Q AID ok r ~ f W cl) �j N89 03'28W N89'OJ'28 "W 11. 00' �o i (o _ Q� o l Q (0�i aW ti ti 'K 11' 50' O 61. r (XXX) INDICA TES RECORD N45 57'17"E DATA PER R.S.B. 64146 37.96' NAB L4 NIL RIGHT OF WAY LINE MEMORY LANE (N89 57'30 � "W-, 70.12) Lw o a � _ N89 03'28 "W * N0. 9305 * - - - - MEMOR Y Lo Sr�Fe OF C"`'F REVISED: 4112118 i N46 03'35 "E 28.34' —P. D.B. ` N89 03'28 "W 17.74' scat£ 1 "=50' HUITT—ZOLLARS SKETCH TO ACCOMPANY A LEGAL DESCRIPTION DRAW BY DWU 26W MeJn �s ee suite 400, Irvine, cn 2s 6% EXHIBIT 'BCHECKED BY JJL Phone (949) 988-5815 Fax (949) 988-5820 RIGHT OF WA Y DAB 4/s/2o18 APPROVED BY CQUISTION fy y I %$ RAN 002-261-06 l�l�22R307513.03 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX05.DWG N'nTT-_ I} HUITT-ZOLLARS, INC • 2603 Main Street • Suite 400 • Irvine, CA 92614-4250 • 949.988.5815 phone • 949;988;5820 fax • huitt-zollars.com R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 002-261-06 That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, being a strip of land 5.00 feet in width, the Southeasterly and Easterly lines of said strip described as follows: Commencing at the Easterly terminus of that certain course in the Northerly Right -of - Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly Right -of -Way line North 45°57'17" East 37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristof Street as shown on said Record of Survey; thence along said parallel line North 01 °09'50" East 108.17 feet to a line being parallel with and 185.00 feet Northerly of the centerline of Memory Lane as shown on said Record of survey. The Westerly line of said strip of land to be lengthened or shortened so as to originate in said Northerly Right -of -Way line of Memory Lane and to terminate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane. Containing an area of 733 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. City Council 17 — 64 2/1 /2022 r/R30 513.03/02/02.10/NewTCE-3/zk/dwm EXHIBIT "A" R307513.03 LEGAL DESCRIPTION -CONTINUED 04-06-18 TEMPORARY CONSTRUCTION EASEMENT Revised A.P. NO. 002-261-06 04-12-18 PAGE 2 All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. V JE ]. LENHERR, PLS 9305 J. Q D 0 1 * NO. 9305 * l OF City Council 17 — 65 2/1/2022 r/R30 513.03/02/02.10/NewTCE-3/zk/dwm a I a � I � f sa a I , w a Q o � co r, N89 03'28"W 3 I o y � + n co o ! o z a I z 61' (XXX) INDICATES RECORD s DATA PER R.S.B. 64/46 I Q T.P. B. N45 57'] 7"E _ 37.96' Npl Lq�yQ NLY RIGHT OF WAY P.O.C. lei GAL LINE MEMORY LANE (N8-Q �' � "W-- N89 03'28"W 17.74 I I N89 03'28 "W * N0. 9305 MEMORY LANE te OF CA������`r REVISED 4/12/18 HUITT—ZOL L4AS SKETCH TO ACCOMPANY ��� A LEGAL DESCRIPTION DRAW4 BY Dt,,yM Hultt-Zollars, Inc. Irvine 2603 Main Street, State 400, Irvine, CA 92614 EXHIBIT PBP CHECKED BY JJL Phone (049) 9ee-5815 Fax (949) 988-5820 TEMPORARY DAB APPRDrED BY CONSTR TI N EA E 4 1s 2018 A17P.-1�6002-261-08-162�?. 7513.03 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX06.DWG Public Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Washington Avenue Well Project AGENDA TITLE Public Hearing - Adoption of a Resolution Approving the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Washington Avenue Well Project (Non -General Fund) RECOMMENDED ACTION 1. Hold a public hearing and adopt a resolution approving an Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Washington Avenue Well Project. 2. Approve the Washington Avenue Well Project. DISCUSSION The City is currently in the design stages of the Washington Avenue Well Project, which will be located on the northwest corner of the intersection of Washington Avenue and Penn Way (Exhibit 1). The project involves construction of a new groundwater well, including piping and electrical equipment, a well building, and a chemical storage building. The project creates an additional local water supply, which improves the City's long-term resilience to drought. It also closes the projected gap between future demand and available supply by adding over 4,000 acre-feet per year to the City's pumping capacity. The majority of the City's potable water comes from an underground basin and is pumped through 21 existing wells. Given the limited water supplies in the region and recent recurring droughts, constructing a new well in the City would improve overall water system reliability and reduce the burden on other water production facilities. This promotes less reliance on imported water, which, in turn, reduces water costs. The project will also address low-pressure deficiencies, improve reliability, and increase flexibility within the City's water system, as identified in the City's 2017 Water Master Plan. In accordance with the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for this project (Exhibit 2), along with a Mitigation Monitoring and Reporting Program (MMRP) (Exhibit 3), which must be approved and adopted by resolution of the City Council (Exhibit 4). Approval of this City Council 18 — 1 2/1/2022 Washington Avenue Well Project February 1, 2022 Page 2 project, along with the adoption of the resolution approving the IS/MND and MMRP, will complete the environmental phase of the Washington Avenue Well Project. ENVIRONMENTAL IMPACT In accordance with CEQA, the recommended action has been reviewed through an IS/MND. Sections 15070 through 15075 of the State CEQA Guidelines (Article 6) guide the process for the preparation of a mitigated negative declaration. The MND prepared for this project contains a project description, project location map, and findings that the project, with mitigation, will not have a significant effect on the environment. The City provided public notice of the public comment period, which began on November 9, 2021, and ended on December 8, 2021. The IS/MND was also distributed to all interested or required parties listed on the City's distribution list. No public comments were received. The Mitigated Negative Declaration is on file with the office of the Clerk of the Council. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Location Map 2. Initial Study/Mitigated Negative Declaration may be viewed at https://www.santa- ana.org/sites/default/files/pw/documents/Santa-Ana_Wash-Ave-Wells_Admin- Final IS-MND 2022-01-10 Public%20Version.pdf 3. Mitigation Monitoring and Reporting Program 4. Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 2 2/1/2022 �"f - . - _ ,4A�' Lam.., A C" MR E 4th St t 11''I_ - J11 PI - ;I 0 ^^ z � r —. I o Z t� ry - Peryh w _ x ay f J a -- l - -' - - E Washington Ave _r NV a Project Area Figure 2-2 Project Location CA Location LCity Council 18 — 3 2/1va ;2,Aver, ueLot I Locati 0 25 50 100 Well and Facitlity Site Plan - Phase 1 AZ v Feet City of Santa Ana, California R:',PP.OJEG TSB'/;'- INCTON AVE 0200-000MITEMAPSTic,re 2-2 Project Locaton—c! MITIGATION MONITORING AND REPORTING PROGRAM Prepared For: City of Santa Ana Public Works Agency 220 S. Daisy Avenue Santa Ana, California 92703 Contact: Armando Fernandez, Senior Civil Engineer, P.E. 714.647.3316 City Council 2/1 /2022 City of Santa Ana Washington Avenue Well Project MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the City of Santa Ana Washington Avenue Well Project (Project). The City of Santa Ana Public Works Agency is the agency responsible for implementation of the mitigation measures identified in the Initial Study/Mitigated Negative Declaration. This MMRP provides the City of Santa Ana Public Works Agency with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure: The phase of the project during which the required mitigation measure must be implemented; The phase of the project during which the required mitigation measure must be monitored; and The monitoring agency. The MMRP includes a checklist to be used during the mitigation monitoring period. The checklist will verify the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation measure. MITIGATION MONITORING AND REPORTING PROGRAM Compliance Verification Mitigation Measure Implementation Phase Monitoring Phase Monitoring Agency Initial Date BI0-1: Nesting Birds — Project activities that will remove or Pre -Construction, Pre -Construction, City of Santa Ana disturb potential nest sites will be scheduled outside the Construction Construction breeding bird season. The breeding bird nesting season typically extends from February 15 through September 15. If Project activities cannot be avoided during February 15 through September 15, a qualified biologist will conduct a pre - construction breeding bird survey for breeding birds and active nests or potential nesting sites within the limits of Project disturbance. The survey will be conducted at least seven days prior to the onset of scheduled activities, such as mobilization and staging. It will end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance. If no breeding birds or active nests are observed during the pre - construction survey or they are observed and will not be impacted, Project activities may begin, and no further mitigation will be required. City Council 18 — 5 2/1/2022 City of Santa Ana Washington Avenue Well Project MITIGATION MONITORING AND REPORTING PROGRAM Compliance Verification Mitigation Measure Implementation Phase Monitoring Phase Monitoring Agency Initial Date If a breeding bird territory or an active bird nest is located during the pre -construction survey and will potentially be impacted, the site will be mapped on engineering drawings and a no activity buffer zone will be marked (fencing, stakes, flagging, orange snow fencing, etc.) a minimum of 100 feet in all directions or 500 feet in all directions for listed bird species and all raptors. The biologist will determine the appropriate buffer size based on the type of activities planned near the nest and the type of bird that created the nest. Some bird species are more tolerant than others of noise and activities occurring near their nest. This no -activity buffer zone will not be disturbed until a qualified biologist has determined that the nest is inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by Project activities. Periodic monitoring by a biologist will be performed to determine when nesting is complete. Once the nesting cycle has finished, Project activities may begin within the buffer zone. If listed bird species are observed within the Project site during the pre -construction survey, the biologist will immediately map the area and notify the appropriate resource agency to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary. Project activities may begin within the area only when concurrence is received from the appropriate resource agency. Birds or their active nests will not be disturbed, captured, handled or moved. Active nests cannot be removed or disturbed; however, nests can be removed or disturbed if determined inactive by a qualified biologist. CUL-1: Worker Environmental Awareness Training: Prior to any Pre -Construction; Pre -Construction; City of Santa Ana proposed construction ground disturbing activities within the Construction Construction Project Area, Project personnel (e.g. contractors, construction workers) will be briefed by a qualified archaeologist (retained on -call by applicant) about the potential and procedures for an inadvertent discovery of prehistoric and historic archaeological resources. In addition, the training will include established procedures for temporarily halting or redirecting work in the event of a discovery, identification and evaluation procedures for find uty Gounal 18 — 6 2/1/2U21 City of Santa Ana Washington Avenue Well Project MITIGATION MONITORING AND REPORTING PROGRAM Compliance Verification Mitigation Measure Implementation Phase Monitoring Phase Monitoring Agency Initial Date basis for, the protection of archaeological resources. Personnel will be given a training brochure/handout regarding identification of cultural resources, protocols for inadvertent discoveries, and contact procedures in the event of a discovery. CUL 2: Inadvertent Discovery of Archaeological Resources: If Construction Construction City of Santa Ana the construction staff or others observe previously unidentified archaeological resources during ground disturbing activities, they will halt work within a 100-foot radius of the find(s), delineate the area of the find with flagging tape or rope (may also include dirt spoils from the find area), and immediately notify a qualified archaeologist (retained on -call by applicant). Construction will halt within the flagged or roped -off area. The archaeologist will assess the resource as soon as possible and determine appropriate next steps. Such finds will be formally recorded and evaluated. The resource will be protected from further disturbance or looting pending evaluation. GEO-1: Inadvertent Discoveries of Paleontological Resources Construction Construction City of Santa Ana — If the construction staff or others observe previously unidentified paleontological resources during ground disturbing activities, they will halt work within a 200-foot radius of the find(s), delineate the area of the find with flagging tape or rope (may also include dirt spoils from the find area), and immediately notify a qualified Paleontologist. Construction will halt within the flagged or roped -off area. The Paleontologist will assess the resource as soon as possible and determine appropriate next steps in coordination with the City. Such finds will be formally recorded and evaluated. The resource will be protected from further disturbance or looting pending evaluation. NOISE-1: Prior to the start of Phase 1 well drilling and Construction Construction City of Santa Ana construction activities, the contractor for the proposed Project shall preform one of the following actions to reduce the construction -related noise impacts: • Construct a temporary 8-foot high wall along the west and south property Lines. The temporary wall must be constructed with minimum 5/8-inch plywood or oriented strand board and shall be maintained until completion of the grading phase; or City Council 18 — 7 2/1/2022 City of Santa Ana Washington Avenue Well Project MITIGATION MONITORING AND REPORTING PROGRAM Compliance Verification Mitigation Measure Implementation Phase Monitoring Phase Monitoring Agency Initial Date • Construct the proposed 8-foot high perimeter wall on the west and south property lines that is detailed in the Project description and proposed site plan. City Council 18 — 8 2/1/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WASHINGTON AVENUE WELL PROJECT AND APPROVING THE PROJECT 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 2017 Santa Ana Water Master Plan water system analysis identified low pressures along the border of the Low and High Zones adjacent to Interstate 5 Freeway. To resolve these low-pressure deficiencies, the City is proposing to install a new water supply well and construct ancillary facilities in the vacant lot at the northwest corner of East Washington Avenue and Penn Way ("Proposed Project"). B. The expected production capacity of the Proposed Project will range from 2,500 to 3,000 gallons per minute. C. Construction of the Proposed Project is anticipated to begin in 2022 and continue until the third quarter of 2023. D. The Proposed Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study/Mitigated Negative Declaration ("IS/MND") for the Proposed Project. There was no potential for adverse impacts on agricultural and forest resources, mineral resources, public services, or recreation associated with the Proposed Project. Potential adverse impacts resulting from the Proposed Project were found to be less than significant in the following areas: aesthetics, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, population and housing, transportation, utilities and service systems, and wildfire. Full implementation of the proposed mitigation measures included in the IS/MND would reduce potential project - related adverse impact on biological resources, cultural resources, geology and soils, noise, and tribal cultural resources to a less than significant level. E. In accordance with California Pubic Resources Code section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Proposed Project was circulated for a 30-day public review and comment period from November 9, 2021 to December 8, 2021. Any public comments that were received have been incorporated as part of the Final Initial Study/Mitigated Negative Declaration ("Final IS/MND") and are incorporated herein by reference. Resolution No.. 2022-XXX City Council 18 — 9 2/1/20L2e 1 of F. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the related Mitigation Monitoring and Reporting Program accompanying the Final IS/MND in order to avoid or minimize adverse environmental impacts identified therein. G. On February 1, 2022, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to the Final IS/MND and the related Mitigation Monitoring and Reporting Program for the Proposed Project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Final Initial Study/Mitigated Negative Declaration prepared for the Proposed Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the Final IS/MND adequately addresses the expected environmental impacts of the Proposed Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the Proposed Project will have a significant impact on the environment. Section 3. The City Council hereby adopts the Final IS/MND and the related Mitigation Monitoring and Reporting Program, a copy of which is attached as Exhibit A, and directs that a Notice of Determination be prepared and filed with the Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, including but not limited to: the Request for Council Action dated February 1, 2022, and exhibits attached hereto, and any public testimony, written and oral, all of which are incorporated herein by this reference. The Final IS/MND is available for viewing at the City's Public Works Agency at 20 Civic Center Plaza, Santa Ana, CA 92702. Section 4. The City Council hereby approves the Proposed Project, based upon the entire record before it and all written and oral evidence presented. Section 5. Pursuant to Title XIV, California Code of Regulations, section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Proposed Project will have the potential for any significant adverse effect on fish and wildlife. However, the payment of Fish and Game Department filing fees in conjunction with this project is at the ultimate determination of the California Department of Fish and Wildlife. Section 6. 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. Resolution No.. 2022-XXX City Council 18 — 10 2/1 /20Lze 2 of 3 ADOPTED this day of 12022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �4$v. Lj� John M. Funk Sr. Assistant City Attorney 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 2022-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.. 2022-XXX City Council 18 — 11 2/1 /20Lze 3 of 3 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 MINUTES: Chair Sarmiento called the Housing Authority meeting to order at 11:06 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 any Housing Authority items. 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 City Council 2M — 1 12221/2022 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 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) Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to Approve Consent Calendar items. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7— 0-0-0 —Pass **END OF CONSENT CALENDAR** City Council 262— 2 12221/2022 BUSINESS CALENDAR JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY S. 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. Moved by Councilmember Mendoza, seconded by Councilmember Penaloza to receive and file. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Special Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:09 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments. City Council 272 — 3 12221/2022 Housing Authority santa-ana.org/cd Item # 3 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Quarterly Report for Housing Choice Voucher Program AGENDA TITLE: Quarterly Report for the Housing Choice Voucher Program for the Period of October 1, 2021 to December 31, 2021 RECOMMENDED ACTION Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of October 1, 2021 to December 31, 2021 DISCUSSION The October 1, 2021 to December 31, 2021 Quarterly Report for the Housing Choice Voucher (HCV) Program provides statistics for the day-to-day activities of the Santa Ana Housing Authority. The report is divided into three sections: Applicants, Participants, and Production. Applicants The Santa Ana Housing Authority accepted applications from July 1, 2015 through July 30, 2015 and received a total of 16,375 applications. A random lottery procedure was applied and the Santa Ana Housing Authority accepted 5,000 of the 16,375 applications to establish a 2015 HCV Waiting List. Charts 1 and 2 depict the characteristics of those applicants currently on the Waiting List. As of December 31, 2021, there are 758 applicants on the 2015 HCV Waiting List. Chart 1 illustrates the percentage of applicants on the 2015 HCV Waiting List who live or work in Santa Ana. These applicants are given a preference on the Waiting List together with U.S. Military Veterans. 1_ Residency Preference Work in Santa Ana 20% Live in Santa Ana 00 80% City Council 3-1 2/1/2022 Quarterly Report for Housing Choice Voucher Program February 1, 2022 Page 2 Chart 2 illustrates the number of applicants by total household size. The majority of applicants on the Waiting List consist of only one or two household members. Over half of all applicants (412 of the 758 applicants, or 54%) have one- or two -member households and would qualify for a one -bedroom voucher. The Santa Ana Housing Authority's occupancy standard is one bedroom for every two family members. Participants At the end of the reporting period, there were 2,748 households receiving rental assistance from the Housing Authority. Chart 3 illustrates participating families, sorted by number of family members. Over three -fourths (86%) of families receiving assistance have three or fewer members. Chart 4 illustrates the family type for program participants. Over half (69%) of participating households have elderly and/or disabled members. ["Other" consists of households that are non -elderly, non -disabled, with no minor children.] 2. Household Size 250 223 x00 189 n — — 0 141 150 — — 106 8 E — — — 53 50 — — — 0 1 2 3 4 S 6 7 8 9 10 People per Houshold 4 People 6% 3 people 13% 3. Family Size 5 People r 6 People 5% {i 296 2 People 26% 1 Person 47% 4. Family Type Other 16% 110 Disabled Family 42% 15% Eld erly 27% City Council 3-2 2/1/2022 Quarterly Report for Housing Choice Voucher Program February 1, 2022 Page 3 Chart 5 depicts participants by percentage of Orange County median income. As of December 31, 2021, the County's median income is $106,700 per year for a family of four. Approximately 89% of families on the program earn less than 30% of the median income, which is $40,350 per year for a family of four. Participants' incomes come from a variety of sources, as illustrated in Chart 6. A total of 33% of participating families have income from employment. Participating families pay a portion of their monthly rent based upon their income and the payment standard for their unit. The Housing Authority pays the difference between the tenant's portion and the contract rent. This payment is the Housing Assistance Payment (HAP). The average HAP for October 1, 2021 to December 31, 2021 was $1,339. Production HQS Inspections: At least once every two years, the Housing Authority must inspect each assisted -unit to ensure it meets HUD's Housing Quality Standards (HQS) in compliance with the federal regulations. From October 1, 2021 to December 31, 2021 a total of 250 inspections and re -inspections of our assisted -units were performed of which 63 inspections failed. Chart 7 illustrates the number of inspections performed on a monthly basis during the reporting period. 5. Income as Percentage of Median Below 50% Median 10% Below 80% of Median 1% low 30% Median 899d 6. Source of Income 70% 63% 6M 50% 40% 33% 30% 25% 0% 10% 696 0% With Any With arty With any With any Wages Welfare SSI/SS otherincome 7. HQS Inspections lS0 129 100 71 50 50 ■ D Oct Nov Dec Inspection Morrths City Council 3-3 2/1/2022 Quarterly Report for Housing Choice Voucher Program February 1, 2022 Page 4 Recertifications / Interims: Each year, the Housing Authority must re -certify every assisted -family to verify the family is still eligible 0o for assistance. In addition, when a participant's "'o income changes, an interim examination must be performed. During the reporting period, a total of 750 0 recertifications and interims were conducted. Chart 8 illustrates the number of recertifications and interims performed. 8. Re -exams and Interims F-82 111 178 133 Oct Nov Dec ■ Re -exams ■ Interims Other Change of Unit: These actions are completed when a family moves to a different rental unit. Ten change of unit actions were processed during the reporting period. New Admissions: This action is completed when a family is admitted to the HCV Program. Seventy new admissions were processed during the reporting period. End of Participation: This action is completed when the family is no longer interested in participating in the program, the family becomes deceased, the family is no longer eligible for the program, or the family is terminated from the program due to program violations. Fourteen end of participations were processed during the reported period. Expired Vouchers: This action is completed when an applicant is unable to locate a unit within the timeframe of the voucher and all extensions have been exhausted or no extension is requested. There were thirteen expired vouchers processed during the reporting period. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 3-4 2/1/2022