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HomeMy WebLinkAboutAGENDA PACKET_2021-09-07City Council and Housing Authority Meeting Packet September 7, 2021 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Mayor Pro Tem - Ward 2 Phil Bacerra Councilmember - Ward 4 Nelida Mendoza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable Ithe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 9/7/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 9/7/2021 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENT — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(2santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4.00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https:Hus02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person up to full capacity. Face coverings are optional for members of the public who enter City buildings who have been vaccinated against COVID-19. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: City Council 3 9/7/2021 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <!!>) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez City Council 4 9/7/2021 PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Candelario Jalomo v. City of Santa Ana, Orange County Superior Court Case No. 30-2019-01118103-C U-WT-CJ C 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, City Attorney and City Manager MKiZi1019aI:7a 110 us] IRVJlII:IW_10i]:40IxLTi] II/_�ri1:4c9 114906=341 i1 !. S —16* Agency designated representative: Human Resources Director Unrepresented employee: Clerk of the Council, City Attorney and City Manager CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 5 9/7/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Nati Alvarado CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Pro Tern Penaloza to Johanna Scillieri for Outstanding Contributions to the Community 2. Certificate of Recognition presented by Councilmember Hernandez to Alexis Rocha for Outstanding Contributions to the Community. 3. Proclamation presented by Councilmember Lopez to Orange County Fire Authority recognizing the Twentieth Anniversary of 9/11. 4. Certificate of Recognition presented by Councilmember Mendoza to California State Fullerton University in Recognition of your Spirit of Collaboration in the Arts Community. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. 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. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 throuah 29. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Special Meeting of May 24, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. City Council 6 9/7/2021 8. Minutes from the Regular and Housing Authority Meetings of June 1, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Minutes from the Adjourned Meeting of June 3, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Second Reading and Adoption of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services Continued from the August 17, 2021 City Council meeting. Department(s): Finance and Management Services Recommended Action: Place Ordinance on second reading and adopt. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE DISCRETIONARY ALLOCATIONS BETWEEN YOUTH SERVICES AND ENFORCEMENT SERVICES FROM THE CANNABIS FUND 11. Appoint Steve Gallegos Nominated by Mayor Pro Tern Penaloza as the Ward 2 Representative to the Arts and Culture Commission for a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint Steve Gallegos to the Arts and Culture Commission representing Ward 2. 12. Appoint Leonel Flores Nominated by Councilmember Mendoza as the Ward 6 Representative to the Arts and Culture Commission for a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Leonel Flores to the Arts and Culture Commission representing Ward 6. 13. Receive and File Boards and Commissions Biannual Attendance Report for January through June 2021 Department(s): Clerk of the Council Office Recommended Action: Receive and file Boards and Commissions Biannual City Council 7 9/7/2021 Attendance Report or provide direction to staff. 14. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Continued from the August 17, 2021 City Council meeting. Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts (COVID-19 and non-COVI D-19-related) entered into between April 1, 2021 to June 30, 2021, valued at up to $50,000 for non-public works contracts and agreements, up to $250,000 for public works contracts and agreements and all other contracts and agreements related to COVID-19. 15. Quarterly Report for Housing Division Projects and Activities for the Period of April 2021 — June 2021 Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 2021 — June 2021. 16. Willowick Golf Course Update Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency Recommended Action: Receive and file the Willowick Golf Course update. 17. Receive and File Permit Parking Program Evaluation Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: Receive and File Permit Parking Program Evaluation. 18. Award a Contract to Waterline Technologies Inc., in an Amount not to Exceed $825,000 for up to a Four-year Term for Water Treatment Chemicals (Specification 21-072) (General and Non -General Fund) Department(s): Parks, Recreation, and Community Services and Public Works Agency Recommended Action: Award a contract to Waterline Technologies Inc., for water treatment chemicals, in the amount of $225,000 for an initial term through August 31, 2022, with provisions for three one-year renewal periods, for annual amounts of City Council 8 9/7/2021 $200,000 and a total contract amount of $225,000, exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. 19. Approve an Appropriation Adjustment Accepting Orange County Transportation Authority M2 Comprehensive Arterial Capacity Enhancement and Intersection Capacity Enhancement Grant Funds in the Amount of $15,747,645 and Approve an Amendment to the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 15-6827, 17-6883, 18-6901) (Non -General Fund) Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2022-024) recognizing $15,747,645 in Measure M2 Arterial Capacity Enhancement (ACE) and Intersection Capacity Enhancement (ICE) grant funds into the Measure M-Street Construction Fund, Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program (CIP) to add: $1,012,500 in Measure M2 Competitive ICE funding for the construction phase of the Bristol Street/Memory Lane Intersection Improvements project (17-6883); $5,658,840 in Measure M2 Competitive ICE funding to the Fairview Bridge and Street Improvements from 9th Street to 16th Street project (15-6827) for the right-of- way and construction phases; and $9,076,305 in Measure M2 Competitive ACE funding for the construction phase of the Warner Avenue Improvements from Oak Street to Grand Avenue project (18-6901). 20. Approve Appropriation Adjustment to Recognize Homeless Housing, Assistance and Prevention Program Funds (Non -General Fund) Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment (2022-027) recognizing $3,981,386 in funds from the State of California, Business, Consumer Services and Housing Agency in revenue account and appropriate the same amount to expenditure account to address homelessness in the City of Santa Ana. (Requires five affirmative votes) 21. Approve an Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Months (Non -General Fund) Continued from the August 17, 2021 City Council meeting. Department(s): Community Development Agency City Council 9 9/7/2021 Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Illumination Foundation to continue to operate a temporary shelter at the Fullerton Recuperative Care Center for an additional four months through January 31, 2022 for an additional amount of $600,000, for a total aggregate amount not to exceed $2,100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 22. Approve a Three -Year Operational Agreement with Two, Two -Year Renewal Options with Illumination Foundation to Operate a 200-Bed Year Round Homeless Navigation Center at 1815 Carnegie Avenue in Santa Ana in an Amount Not to Exceed $10,893,885 for Three Years, and Start -Up Costs Not to Exceed $75,000, for a Total Amount Not to Exceed $10,968,885 (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a three-year operator agreement, with two, two-year renewal options with Illumination Foundation to operate a 200- bed year-round Homeless Navigation Center at 1815 Carnegie Avenue in Santa Ana for $3,577,366 in operational costs per year with an annual CPI adjustment of 1.5 percent and a not -to -exceed amount of $75,000 in one-time start-up costs, for a total not -to -exceed amount of $10,968,885 over three years, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute any/all future funding agreements required by state or federal agencies forr the use of HHAP, PLHA, ESG-CV, ESG and any/all other funds available (Agreement No. 2021-XXX). 23. Approve Amendments to Agreements for On -call Space Planning and Architectural Services with IDS Group, West Group Designs, Gensler, Corgan, SVA Architects Inc., Black O'Dowd and Associates Inc., Gruen Associates, Gillis & Panichapan Architects Inc., CAP Architecture, and Ware Malcomb to Increase the Shared Agreement Amount by $1,000,000, for a Total Amount not to Exceed $1,300,000 Annually Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreement amendments for on -call space planning and architectural services with IDS Group, West Group Designs, Gensler, Corgan, SVA Architects Inc., Black O'Dowd and Associates Inc., Gruen Associates, Gillis & Panichapan Architects Inc., CAP Architecture, and Ware Malcomb, to increase the shared agreement amount by $1,000,000, for a total agreement amount not to exceed $1,300,000 annually, subject to non -substantive changes as approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 24. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, Inc. DBA Futura Net, for Bus Passenger Services at the Santa Ana Regional Transportation Center City Council 10 9/7/2021 Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a Site License Agreement with Pacific Coast Shuttles, Inc., DBA Futura Net, to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning September 8, 2021, and ending March 7, 2022, with the option to renew of four separate, consecutive, additional one-year renewal periods, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a Site Lease Agreement with Pacific Coast Shuttles, Inc., DBA Futura Net, to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning September 8, 2021, and ending March 7, 2022, with the option of four separate, consecutive, additional one-year renewal periods, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an Appropriation Adjustment (2022-029) recognizing Fiscal Year 2021-22 lease income in the amount of $18,000 into the Public Works Agency — SARTC Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency-SARTC Operations, Contract Services - Professional expenditure account. (Requires five affirmative votes) 25. Approve an Agreement with Seaside Ice, LLC, dba Ice -America, in an Amount Not to Exceed $875,204, for a Seasonal Ice Rink and Related Services (Revive Santa Ana Program) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice -America, for the installation and operation of a seasonal, portable ice rink and related services, in an amount not to exceed $875,204, which includes the base amount of $795,640 plus a contingency of $79,564, for a six-month term beginning September 7, 2021, and expiring March 6, 2022, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 26. Approve an Appropriation Adjustment and Amend Agreement with Landscape West Management Services, Inc., to Increase the Annual Contract Amount by $1,000,000 for Right -of -Way Maintenance Services and Add Two Maintenance Worker Positions to the Public Works Agency at an Estimated Annual Cost of $260,000 (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an amendment City Council 11 9/7/2021 to the agreement with Landscape West Management Services, Inc., for increased cleaning and sanitizing of the City's public right-of-way, increasing the compensation amount for Fiscal Year 2021-22 only by $1,000,000, for a total annual amount not to exceed $2,270,000 and a total agreement amount not to exceed $6,080,000 for the remaining term of the agreement, ending on June 30, 2023, with an option for a two- year extension exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize an adjustment to the American Rescue Plan Act (ARPA) spending plan in the amount of $1,800,000 and approve an appropriation adjustment (2022-030), moving funding from Reserve for Revenue Loss Allocation to the Sanitation & Prevention Project. (Requires five affirmative votes) 3. Amend the City's Fiscal Year 2021-22 Annual Budget to add two limited -term Maintenance Worker II positions to the Public Works Agency, at an estimated annual cost of $260,000, for a five-year period. 27. Approve Payment of Increase in Initial General Liability Excess Insurance Premiums to Independent Cities Risk Management Authority ("ICRMA") for Fiscal Year 2021-22 (Non -General Fund) Department(s): Human Resources Recommended Action: Authorize increase of payment of $175,467 for the City's General Liability excess insurance premiums. 28. Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Program and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court Department(s): Planning and Building Agency Recommended Action: Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Santa Ana's licensed retail adult -use cannabis program and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. 29. Adopt a Resolution Amending Resolution No. 2019-111 to Effect Certain Changes to the City's Master Salary Schedule in Conformance with Title 2 of the California Code of Regulations Section 570.5 and the California Public Employees' Retirement System (CaIPERS) Department(s): Human Resources Recommended Action: Resolution No. 2021-XXX — Adopt a Resolution Amending Resolution No. 2019-111 to effect certain changes to the City's Master Salary Schedule for all represented and unrepresented employee classifications of the City of Santa Ana, covered by the City's Classification and Compensation Plan, to City Council 12 9/7/2021 conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council. **END OF CONSENT CALENDAR** OATH OF OFFICE • Steve Gallegos — Arts and Culture Commission, Ward 2 • Leonel Flores — Arts and Culture Commission, Ward 6 I BUSINESS CALENDAR 30. Resolution Supporting the Orange County Veterans Cemetery in Anaheim Hills Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX —At the request of Mayor Sarmiento, consider adopting a resolution supporting the Orange County Veterans Cemetery in Anaheim Hills and encouraging federal, state, and local government support for this much -needed project. 31. Resolution to Support Orange County Water District First Vice President Cathy Green as a Candidate for the Office of ACWA Vice President Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX —At the request of Mayor Sarmiento, consider adopting a resolution to endorse Orange County Water District First Vice President Cathy Green as a candidate for Vice President of the Association of California Water Agencies. 32. Agreement with Bear Demographics and Research for Demographic Services and Public Participation Services Related to the 2021 Redistricting Process (General Fund) Department(s): Clerk of the Council Office Recommended Action: Authorize the City Manager to execute an agreement with Bear Demographics and Research for consulting services, demographics analysis of census data, drawing of draft maps of proposed ward boundaries, public outreach, and interactive web tools related to the City's 2021 Redistricting Process for a one- year term expiring September 6, 2022 in an amount not to exceed $100,000, which includes the base amount of $71,500 and a contingency amount of $28,500 for City Council 13 9/7/2021 additional unforeseen services at the City's sole discretion, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). 33. Resolution Declaring a Climate Emergency, Committing to Policies Opposing Fossil Fuel Expansion and Accelerating the Clean Energy Transition as Part of the Safe Cities Movement, Committing to Policies that will Reduce Both New and Existing Lead Contamination, and Endorsing the Call for a Global Fossil Fuel Non - Proliferation Treaty Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX — At the request of members of the City Council, adopt a resolution declaring a climate emergency, committing to policies opposing fossil fuel expansion and accelerating the clean energy transition as part of the Safe Cities Movement, committing to policies that will reduce both new and existing lead contamination, and endorsing the call for a global fossil fuel non- proliferation treaty. 34. Informational Report Relating to Police Oversight Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff 35. Summary of City Council Policy Direction Received on July 26, 2021, and the Corresponding Proposed Amendments to the Housing Opportunity Ordinance Department(s): Planning and Building Agency Recommended Action: Receive staff presentation and summary of the City Council policy direction received on July 26, 2021, and provide direction regarding the proposed amendments to the Housing Opportunity Ordinance. 36. Resolution Establishing the School Collaboration City Council Subcommittee Department(s): City Manager Office Recommended Action: Rescolution No. 2021-XXX — Receive direction from the School Collaboration Ad Hoc Committee and consider adopting a resolution establishing the School Collaboration City Council Subcommittee. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS 37. Hold a Public Hearing to Adopt a Resolution of Necessity Determining Public Interest and Necessity for the Acquisition of Real Property Located at 1313 W. Memory Lane (Property Owner: Rim Pacific Investors Portofino, LLC) (Project No. 17-6883) (Non - City Council 14 9/7/2021 General Fund) Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on July 22, 2021. Continued from the August 17, 2021 City Council meeting. Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX —Approve a resolution of necessity authorizing the condemnation of a portion of the real property located at 1313 W. Memory Lane (APN 002-261-29), owned by Rim Pacific Investors Portofino, LLC, declaring the public necessity and interest thereof. (Requires five affirmative votes) CITY MANAGER COMMENTS COUNCIL COMMENTS ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Peter Katz. Future Items 1. Enhanced Homeless Outreach Services 2. Mental Health Mobile Outreach Services City Council 15 9/7/2021 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza 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: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse absent members. 2. Minutes from the Housing Authority Meeting of June 1, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda item #8 in the City Council meeting agenda) **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. City Council 16 9/7/2021 CRAF- Minutes of the Special Meeting of the Successor Agency of the City Council City of Santa Ana, California d May 24, 2021 VIRTUAL MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there was no in -person meeting location for the community to attend public meetings. SPECIAL MEETING CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special meeting to order at 5:12 p.m. Clerk of the Council conducted roll call. All councilmembers were present. 04yQood(Ninutes 1 7-1 05f'4/2021 PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Penaloza led the Pledge of Allegiance PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for items listed on the Special meeting agenda. MINUTES: Taylor Rudd spoke in support of Item 2 to keep the Cypress Fire Station and to restore and preserve it. Andrea Lee Harris spoke on Item 1 to bring more funds to arts and culture programs. Jessica Flores spoke on Item 1 in support of allocating more funding towards LGBTQ and Transgender programs and housing. Julie Castro spoke on Item 1 in support of allocating more funding towards LGBTQ and Transgender programs and housing. Leslie Jimenez spoke on Item 1 in support of allocating more funding towards LGBTQ and Transgender communities. Cynthia Espinoza spoke on Item 1 in support of allocating more funding towards LGBTQ and Transgender housing. Chloe Rios Wyatt spoke on Item 1 in support of allocating more funding towards LGBTQ and Transgender housing. Frank Gutierrez spoke on Item 2 in support of keeping the Cypress Fire Station. Natalie Romero spoke on Item 1 in support of allocating more funding towards LGBTQ and Transgender programs and housing. Pepe Santamaria spoke on Item 2 in support of keeping the Cypress Fire Station and Item 1 in support of funds for arts, youth and LGBTQ. Irma Jauregui spoke on Item 2 in support of keeping the Cypress Fire Station. Miguel Pulido spoke on Item 1 in support of funding for the city as a whole. Victor from Media Arts spoke on Item 1 in support of funding for more arts communities and on Item 2 opposed to selling the Cypress Fire Station. Karla Juarez spoke on Item 1 in support of funds being used for the City's most vulnerable residents. 04yCCo®muI(Ninutes 2 7-2 05fR4/2021 Pocha Pena spoke on Item 2 in support of keeping the Cypress Fire Station. Mimi Soto with Southern California Public Service Workers Local 721 is opposed to not contract out the work of union workers. Mariella Alonzo spoke on Item 1 in support of using funds for park services and making communities better for longtime residents. Speaker Dorian spoke on Item 1 in support of using funds for already existing community programs and housing. Breanna spoke on Item 1 in support of increasing resources for arts, housing, LGBTQ, and residents. Luis Sarmiento spoke on Item 1 in support using funds for City residents, youth programs, economic land development, low income housing, and community resources. Speaker Allison spoke on Item 1 in support of allocating funding for the economic defense fund. Manny Escamilla spoke on Item 1 in support of City investments. Janell Hardy spoke on Item 2 in support of keeping the Cypress Fire Station property. Larry Gonzalez Rivas spoke on Item 1 in support of using funds to expand green spaces in the City; commented against the tax rate rise. Speaker Analetty spoke on Item 1 in support funds for programs for women, immigrants, and resident. Italia Rios spoke on Item 1 in support of funds for libraries, youth programs, housing, LGBTQ, and open spaces; Item 2 opposed to selling the Cypress property. Esperanza Corona DeRosas spoke on Item 1 in support of cooperatives for housing; Sergio Corona spoke in support of increasing housing for City residents. Alejandra Capistran Spoke on Item 1 in support of increased funds for City cooperatives for housing and community programs. Clerk of the Council reported out written public comments. CkyCiCo®tui►cMinutes 3 7-3 05E'4/2021 I BUSINESS CALENDAR 1. Fiscal Year 2021-22 Budget Workshop Session Recommended Action: Provide any additional direction to staff for the: 1. Draft Revive Santa Ana spending plan; and 2. Draft Fiscal Year 2021-2022 City budget. MINUTES: City Manager Kristine Ridge and Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. Council provided input to city staff regarding the budget workshop. 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: 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 625 S. Cypress Avenue, Santa Ana, CA 92701 (APN# 404-102- 06) Negotiators: City Manager Kristine Ridge Negotiating Party: T.R. Customs, Owner, Taylor J. Rudd Terms: Potential Sale of Cypress Fire Station 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Dongyuan Li, et al. v. City of Santa Ana, et al., United States District Court -Central District of California 8:20-cv-00068-SB (JDEx) MINUTES: Mayor Sarmiento recessed the Special meeting and convened to consider the Closed Session items at 9:41 P.M. CikQou*Ninutes 4 7-4 05fR4/2021 CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Open Session which will begin immediately following the recess of the Closed Session Meeting. MINUTES: Mayor Sarmiento announced there was no reportable action. Adjournment — Adjourn the Special City Council meeting. MINUTES: Mayor Sarmiento adjourned the Special meeting at 10:47 P.M. CiikyQotui►cMinutes 5 7-5 05E'4/2021 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d June 01, 2021 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there was no in -person meeting location for the community to attend public meetings. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 5:06 P.M. City Council 18 — 1 0/7/2021 Clerk of the Council conducted roll call. All councilmembers were present. Councilmember Bacerra joined the meeting at 5:30 P.M. 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: About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Joseph Scotti v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ12188479 Department(s): Recommended Action: 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 915 & 921 N. Flower Street, 842 N. Garnsey Street, Santa Ana, CA 92703 (APN# 005-142-35, -47, -58) Negotiators: City Manager Kristine Ridge, Assistant City Manager Steven A. Mendoza Negotiating Party: Charles Manh Terms: Potential sale of Successor Agency vacant properties as required per Redevelopment Dissolution Laws (ABx1 26, AB 1484, AB 471, and SB 107) Department(s): Recommended Action: CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at City Council 24 — 2 8/l/2021 the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Council recessed meeting to consider items listed on the Closed Session for discussion at 5:09 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:05 P.M. and reconvened to the Regular Open Session. City Council 3a — 3 0/7/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6.05 P.M. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Bacerra led the Pledge of Allegiance. INVOCATION Rabbi Stephen Einstein CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Bacerra to Ed Arnold for Outstanding Contributions to the Community. STAFF PRESENTATIONS 2. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief update on the vaccine incentive plan and noted the various vaccine sites provided by the Mexican Consulate. Council provided input to city staff. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Clerk of the Council Daisy Gomez reported out on correspondence received. City Council z3 — 4 8/7/2021 Victor Mendez spoke on lack of mitigation signs used in the OCTA street car construction, expressed bad optics regarding a large concentration of police officers in one location, the importance of early education, and vaccination analytics. Laura Morfin with the Santa Ana Springs Homeowners Association thanked Councilmember Bacerra for his assistance regarding the homeless encampment cleanup on Ross Street, wall rehabilitation and expressed support the street car racing ordinance. Joese Gloria Hernandez is supportive of the direct assistance program to fund the arts, youth services and rental assistance Unidentified speaker requested council to prioritize youth programs. Roxzel Soto spoke on the importance of investing in healthy youth development and services and various other topics. Speaker on behalf of Crescent Food Bank thanked Council for their work and requested assistance in obtaining a location to centralize their outreach and services. Erika Robles with United Across Boarders thanked Council for their work and expressed interest in partnering with the City to provide services. Manny Escamilla spoke regarding land lease financial return, regarding the criminalization of street racing spectators. ICONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 25. 3. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meeting of March 16, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 5. Minutes from the Regular and Housing Authority meetings of April 6, 2021 City Council T — 5 0/7/2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 6. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION First reading at the May 18, 2021 City Council meeting and approved by a vote of 4-3 (Hernandez, Lopez and Sarmiento dissented). Published in the Orange County Reporter on May 21, 2021. Department(s): Police Department Recommended Action: Place ordinance on second reading and adopt. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to Adopt as amended to remove the following language "Prior to issuing an administrative fine or citing as an infraction the City must demonstrate that the person previously received a written warning. Prior to filing a misdemeanor charge the City must demonstrate that the person was previously issued an administrative fine or infraction citation". YES: 3 — Bacerra, Mendoza, Penaloza NO: 4 — Hernandez, — Lopez, — Phan, — Sarmiento ABSTAIN: 0 ABSENT:0 Status: 3-4-0-0— Fail Moved by Councilmember Phan, seconded by Mayor Pro Tern Penaloza to Adopt recommended action. YES: 3 — Mendoza, Phan, Penaloza NO: 4 — Bacerra, — Hernandez, — Lopez, — Sarmiento ABSTAIN: 0 ABSENT:0 Status: 3-4-0-0— Fail 7. Approve Appropriation Adjustments and Addendum No. 1 to Purchase and Sale Agreement to Increase Compensation by $5,775 for an OC Streetcar Easement Acquisition (Project No. 17-6766) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute Addendum No. to the Purchase and Sale Agreement with Orange County Transportation Authority, A- 2018-175, to increase the compensation to the City by $5,775, subject to non - City Council EB — 6 0/7/2021 substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021-XXX). 2. Approve an Appropriation Adjustment (#2021-193) of $5,775 in the Select Street Construction fund, from the proceeds of the sale listed in above. (Requires five affirmative votes) 3. Approve an Appropriation Adjustment (#2021-193) of $200,000 in the Select Street Construction fund, from the fund balance that includes $200,000 of proceeds from sale of an easement approved by Council on July 17, 2018. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2021-078 was approved. 8. Award a Purchase Order Contract to Repair and Renovate Ballpark Fencing in an Amount Not to Exceed $272,750 (Specification No. 21-015) (General and Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of purchase order contract to renovate fencing at eight ballfields to J & A Fence in the amount of $272,750, subject to non -substantive changes approved by the City Manager and City Attorney. 9. Amend the Blanket Order Contract with BPR, Inc. for Sidewalk Offset Grinding Services to Increase the Term One Year and the Total not to Exceed Amount to $720,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the blanket order contract with BPR, Inc. for sidewalk offset grinding services, to extend the contract term one year, beginning July 1, 2021 and expiring June 30, 2022, with provisions for an additional two, one-year renewal periods exercisable by the City Manager, in an annual amount of $240,000 for a total not to exceed amount of $720,000, subject to non -substantive changes approved by the City Manager and City Attorney. 10. Award a Purchase Order in the Amount of $438,916 to Western Truck Exchange for Five Ford Super Duty F550 Stake Bed Dump Body Trucks (Specification No. 21-029) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Western Truck Exchange for five Ford Super Duty F550 Stake Bed Dump Body Trucks, in the amount of $418,916 plus a contingency of $20,000, for a total amount not to exceed $438,916, subject to non -substantive changes approved by the City Council �8 — 7 8/7/2021 City Manager and City Attorney. 11. Award a Construction Contract to Hardy and Harper, Inc. in the Amount of $1,532,000 for the Local Street Preventative Maintenance Fiscal Year 20-21 Project with an Estimated Project Delivery Cost of $2,120,419 (Project No. 21-6907) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Hardy and Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,532,000, for construction of the Local Street Preventative Maintenance FY 20-21, for the term beginning June 1, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,120,419, which includes $1,532,000 for the construction contract, $230,119 for contract administration, inspection and testing, and a $358,300 project contingency for unanticipated or unforeseen work. MINUTES: Councilmember Phan recused herself from Item 11 due to a conflict of interest. 12. Approve an Agreement with Prime Government Solutions, Inc. to Continue Providing an Automated Agenda Management System for Council and Boards and Commissions (General Fund) Department(s): Clerk of the Council Office Recommended Action: Authorize the City Manager to execute an agreement with Prime Government Solutions, Inc. to continue providing an automated agenda management system in an annual amount of $50,000 for three years, with a 3% increase for a one two-year renewal for a total aggregate amount not to exceed $254,545, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-079 was approved. 13. Approve an Agreement with Protection America Inc. to Provide Security Services at 1815 Carnegie Avenue during the Construction of the Homeless Navigation Center in an Amount not to exceed $95,040 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Protection America Inc. to provide security services at 1815 Carnegie Avenue for an City Council 8B — 8 0/l/2021 amount not to exceed $95,040, beginning June 1, 2021 through December 31, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-080 was approved. 14. Approve a Successor Agreement and a Second Amendment with Keenan & Associates for Employee Group Insurance Consulting Services Agreement and to Add KeenanWell Consulting into the Scope of Services Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a: 1. Successor Agreement with Keenan & Associates for the following services: Act as the Broker of Record/Consultant for the City's Group Dental, Vision, Life, Accidental Death & Dismemberment, Long Term Disability, Employee Assistance Program, Retiree Billing, Section 125 Flexible Spending Accounts, Affordable Care Act (ACA) Reporting, and Family Medical Leave Act (FMLA) administration. Keenan & Associates is paid commission through the insurance carriers and therefore there is no fiscal impact to the City for this service. The agreement will be effective July 1, 2021 through June 30, 2022 and automatically renew for subsequent one (1) year periods unless terminated earlier in accordance with section one (1) of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Second Amendment with Keenan & Associates agreement to incorporate KeenanWell Consulting into the scope of services, for the development and implementation of an Employee Wellness Program ("Wellness Program"), from June 1, 2021 to June 30, 2021. The Wellness Program will automatically renew for subsequent one (1) year periods unless terminated earlier in accordance with section one (1) of the agreement. The first period will run July 1, 2021 through June 30, 2022, services provided shall be not to exceed two thousand dollars ($2,000), and for subsequent years, the Wellness Program shall not exceed twenty-five thousand ($25,000), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement No. 2021-081 and Agreement No. 2021-082 were approved. 15. Approve an Amendment to the Agreement with LAZ Parking in the Amount of $705,544 for Providing Parking Enforcement Services for the Police Department (General Fund) City Council GB — 9 0/l/2021 Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the agreement with LAZ Karp Associates for parking enforcement services for the Police Department for the period of July 1, 2021 through June 30, 2022, in the amount of $705,554, including a 10% contingency ($64,141), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement No. 2021-083 was approved. 16. Approve an Agreement with Dokken Engineering for Design Services for the McFadden Avenue Protected Bike Lane and Bicycle Boulevard: Harbor to Grand Project in an Amount Not to Exceed $800,000 for a Three -Year Term (Project No. 20- 6962) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Dokken Engineering to provide design services and complete plans, specifications, and a cost estimate for the McFadden Avenue Protected Bike Lane and Bicycle Boulevard: Harbor to Grand Project in the amount of $714,857.66, with an approximate 12 percent contingency of $85,142.34, for a total amount not to exceed $800,000, for a three-year term beginning June 1, 2021 and expiring May 30, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Mayor Pro Tem Penaloza provided comment on Item 16 the aesthetics of project and public impact. This consent Item - Agreement No. 2021-084 was approved. 17. Approve an Agreement with Adams Streeter Civil Engineers, Inc. for Water Resources Plan Check Services in an Amount Not to Exceed $750,000 for up to Five Years (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Adams Streeter Civil Engineers, Inc. to provide on -call water resources plan checking services for a three-year period beginning June 1, 2021 and expiring May 31, 2024, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, in an annual amount of $150,000 and a total agreement amount not to exceed $750,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 1ED— 10 0/7/2021 MINUTES: This consent Item - Agreement No. 2021-085 was approved. 18. Approve Agreement with the County of Orange (Public Works Materials Laboratory) for Geotechnical, Special Inspection, and Material Testing Services in an Amount not to Exceed $1,500,000 for a Three-year Period Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with the County of Orange (Public Works Materials Laboratory) to provide on -call geotechnical, special inspection, and material testing services for a three-year period beginning June 1, 2021, and expiring May 31, 2024, in an amount not to exceed $1,500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-086 was approved. 19. Authorize a Purchase Agreement in the Amount of $176,000 for Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Wiliz Investment, LLC) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Purchase Agreement with property owner Wiliz Investment, LLC for the partial property acquisition and goodwill (if any) for the real property located at 1201 E. Warner Avenue (APN 016-120-49 and 016-120-52) in the amount of $176,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-087 was approved. 20. Adopt a Resolution for Fiscal Year 2021-2022 Senate Bill 1 Local Streets and Roads Projects in the estimated amount of $6,436,447 for Capital Improvement Projects (Non -General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX — Adopt a resolution affirming the Fiscal Year 2021-2022 SB-1 Projects List and anticipated funding in the amount of $6,436,447, which is required to be submitted to the California Transportation Commission for budgeting the Fiscal Year 2021-22 Capital Improvement Program, as necessary for City eligibility to receive Road Maintenance and Rehabilitation Account Funding. City Council V— 11 0/7/2021 MINUTES: This consent Item- Resolution No. 2021-024 was approved. 21. Adopt Resolution to Maintain Measure M2 Funding Eligibility for Fiscal Year 2021- 2022 Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX — Adopt a Resolution affirming the City of Santa Ana's Circulation Element is in conformance with the Master Plan of Arterial Highways, and that the City has an existing Mitigation Fee Program, to maintain Orange County Transportation Authority Measure M2 eligibility Program funding for Fiscal Year 2021-22. MINUTES: This consent Item- Resolution No. 2021-025 was approved. 22. Adopt a Resolution Amending the City's Basic Classification and Compensation Plan to Establish and Delineate Classifications of Employment Designated as Unrepresented Confidential Management and Unrepresented Confidential Employees Department(s): Human Resources Recommended Action: Resolution No. 2021-XXX — Adopt a resolution that amends the City's Basic Classification and Compensation Plan 2015-026, by: creating, deleting, or modifying classifications, and establishing terms and conditions of employment for classifications designated as Unrepresented Confidential Middle - Management (CMM), Unrepresented Confidential Administrative Management (CAM), and Unrepresented Confidential Employees (UCE). MINUTES: This consent Item- Resolution No. 2021-026 was approved. 23. Approve Fiscal Year 2021-2022 Miscellaneous Fee Resolution Department(s): Finance and Management Services Recommended Action: Resolution No. 2021-XXX — Adopt a resolution establishing a Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2021-2022. MINUTES: This consent Item- Resolution No. 2021-027 was approved. 24. Adopt Resolution Approving City's Annual Statement of Investment Policy 2021-2022; Receive and File Annual Statement of Investment Policy 2021-2022. Department(s): Finance and Management Services City Council 1E2— 12 0/7/2021 Recommended Action: 1. Resolution No. 2021-XXX — Adopt a Resolution approving the City's 2021-2022 Investment Policy. 2. Receive and file the Annual Statement of Investment Policy 2021-2022. MINUTES: This consent Item- Resolution No. 2021-028 was approved. 25. Approve Prepayment for the City's Contribution to Both the CaIPERS Miscellaneous and Safety Employee Pension Unfunded Liability for Fiscal Year 21-22 (General and Non -General Fund) Department(s): Finance and Management Services Recommended Action: 1. Approve a $25,244,430 pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS) — Miscellaneous Plan for Fiscal Year 2021-22, to save $868,611. 2. Approve a $29,101,640 pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS) — Safety Plan for Fiscal Year 2021-22, to save $1,001,331. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza to Approve Consent Calendar items 3-25 with the exception of 6. Councilmember Phan recused from Item 11 due to a conflict of interest. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 26. City -Produced Events Informational Report Department(s): Parks, Recreation, and Community Services Recommended Action: Accept informational report relating to City -produced events and provide direction to staff. MINUTES: Executive Director of Parks, Recreation, and Community Agency Lisa City Council 133— 13 8/l/2021 Rudloff provided a brief presentation. Council provided direction to city staff City Manager Kristine Ridge noted Revive Santa Ana funds can be applied towards the 5K Run and will have staff research the feasibility of other events in the 2021- 2022 Fiscal Year. 27. Authorize the Temporary Implementation of COVID-19 Relief Measures for Certain Outdoor Business Activities Specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 for a Period of One Year from the Date the Governor Announces the Decision for California to Fully Open the Economy and Transition to Beyond the Blue Print for a Safer Economy Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution authorizing the temporary implementation of COVID-19 relief measures for certain outdoor business activities specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 for a period of one year from the date the Governor announces the decision for California to fully open the economy and transition to Beyond the Blue Print for a Safer Economy. MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Council provided input to city staff. This Business Item- Resolution No. 2021-029 was approved. Moved by Councilmember Bacerra, seconded by Councilmember Phan to Adopt. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF BUSINESS CALENDAR** I PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public City Council 1E4— 14 8/l/2021 Hearing items. 28. Hold a Public Hearing to Adopt Resolutions Approving the 2020 Urban Water Management Plan, the 2020 Water Shortage Contingency Plan and Amend the 2015 Urban Water Management Plan Legal Notice published in the Orange County Reporter on May 21, 2021 and May 28, 2021. Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2021-XXX —Adopt a resolution approving the 2020 Urban Water Management Plan. 2. Resolution No. 2021-XXX —Adopt a resolution approving the 2020 Water Shortage Contingency Plan. 3. Resolution No. 2021-XXX —Adopt a resolution amending the 2015 Urban Water Management Plan to add Appendix J, Reduced Delta Reliance Reporting. MINUTES: Executive Director of Public Works Agency Nabil Saba introduced Arcadis consultant Sarina Sriboonlue who provided a brief presentation. Mayor Sarmiento opened the public hearing at 8:47 P.M. and seeing there were no speakers, closed the public hearing at 8:48 P.M. This Business Item - Resolution No. 2021-030, Resolution No. 2021-031, and Resolution No. 2021-032 were approved. Moved by Councilmember Mendoza, seconded by Councilmember Phan to Adopt. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 29. Public Hearing to Consider an Ordinance to Adopt the Fiscal Year 2021-22 City Budget, Approve the Revive Santa Ana Spending Priorities, Approve a Resolution for Changes to the City's Basic Classification and Compensation Plan Budget, and Adopt the Seven -Year Capital Improvement Program Legal Notice published in the Orange County Reporter on May 21, 2021 and May 28, 2021. Department(s): Finance and Management Services Recommended Action: 1. Approve the introduction and first reading of an Ordinance to adopt the budget for Fiscal Year 2021-22 (FY21-22), which begins on July 1, 2021 and ends on June 30, 2022. City Council 1E5— 15 0/7/2021 2. Approve the Revive Santa Ana Spending Priorities. 3. Resolution No. 2021-XXX — Adopt a Resolution, to effect certain changes to the City's basic classification and compensation plan, such as addition of new classification titles. 4. Adopt the Seven -Year Capital Improvement Program (CIP) beginning FY21-22 through FY27-28, as required by the Orange County Transportation Authority (OCTA) for Measure M2 eligibility. Moved by Councilmember Phan, seconded by Councilmember Bacerra to Continue the balance of the agenda to an adjourned meeting on Thursday, June 3, 2021 at 6 P.M. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Mayor Sarmiento opened the Public Hearing at 8:49 P.M. Khloe Rios Wyatt spoke in support of allocating 10 milling dollars towards the Transgender community. Analey Garcia spoke regarding a assistance for a Transgender inclusive shelter. Cynthia Espinosa requested $10 million dollars from the federal government to be allocated towards services for our community, the transgender and transgender non -conforming. Rachel Pozos requested $10 million dollars from the Revive Santa Ana funds to be allocated towards services for our community, the transgender and transgender non -conforming. Brisa Mendoza requested financial support to strengthen the Transgender community. Monica Rios requested Revive funds be used to support the Transgender community. Natasha Flores expressed support towards trans women and Transgender community and asked for Council's support. Speaker spoke on behalf of Lisa Okamoto requested Council increase the Immigration Defense Fund to $300,000 annually and requested a full time City Council 16— 16 0/7/2021 Vietnamese liaison. Nati Alvarado spoke in support of the Boys and Girls Program and expressed concern with the barriers that prevent participation. Requests that Revive funds be applied towards community outreach. Allison Vo requested the Immigration Deportation Defense Fund be a permanent budget Item and be increased to $300, 000. Urged Council to hire a full-time Vietnamese community liaison. Carlos Perea with the Harbor Institute for Immigrant and Economic Justice spoke in support of the Deportation Defense Fund, urged Council hire a full-time Vietnamese community liaison, and provide Revive funds to the Transgender community. Victor Mendez spoke regarding the increase of workers compensation, outsource police services through the Orange County Sheriff, parking deficit and various other topics. Clerk of the Council, Daisy Gomez, reported out on correspondence received. Speaker Navarro urged Council invest is robust social services for the City rather than policing and various other topics. Manny Escamilla in support of the Deportation Defense Fund, a Vietnamese liaison, the McFadden Library and various other topics. Karla Juarez advocated for undocumented essential workers, Vietnamese liaison, and the Transgender community. Speaker supports a Vietnamese liaison. Victor Payan, Director of Media Arts Santa Ana, spoke in support of using Revive funding for the arts. Hector Bustos with CHISPA spoke regarding financial burdens faced by families throughout the City and urged Council to de -fund the police. Jesus Santana spoke in support of applying funds towards immigrants, Latinx and encourages council to prioritize community members. Luis Sarmiento spoke in support of a Vietnamese community liaison and the Transgender community. Calls for a responsible use of funds towards investment in prevention via youth programs, economic development, housing for extremely low - City Council 1E7— 17 0/7/2021 income housing and a low barrier shelter and various other topics. Dang T. Le spoke in support of a Vietnamese liaison and expressed gratitude towards the immigrant, LGBTQ and youth communities in the City. Fabiola Zamora suggest responsible use of public funds towards youth programs, various cultural community, parks, community gardens and homeless shelters. Unidentified speaker spoke regarding the public comment process and public safety. City Manager Kristine Ridge introduced the item. Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. Council provided input to city staff. Mayor Sarmiento closed the public hearing and adjourned the meeting at 12:35 A. M. COUNCILMEMBER REQUESTED ITEMS 30. Discuss and Consider Directing the City Manager to Direct Staff to Form a City Charter Review Committee to Bring Forward Amendments That Can Potentially Be Placed on the Ballot for Voter Adoption — Mayor Pro Tern Penaloza 31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Condemning Anti -Semitic Violence — Councilmember Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. City Council 1913— 18 0/7/2021 Future Items 1. Enterprise Land Management System 2. Solid Waste Services Work Study Session 3. Carnegie Shelter Operator 4. Police Oversight Update MINUTES: Mayor Sarmiento adjourned the meeting on June 2, 2021 at 12:35 A.M. The balance of the agenda will be heard on June 3, 2021 at 6 P.M. HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez 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: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 2. Minutes from the Housing Authority Meeting of April 6, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. City Council 19— 19 0/7/2021 **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Mayor Sarmiento adjourned the meeting on June 2, 2021 at 12:35 A.M. The balance of the agenda will be heard on June 3, 2021 at 6 P.M. City Council Z)— 20 0/7/2021 DRAFT Minutes of the Adjourned Regular Meeting of the City Council City of Santa Ana, California d June 03, 2021 6:00 PM CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there was limited in -person meeting location for the community to attend public meetings. CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Adjourned Regular Open Session meeting to order at 6.08 p.m. Mayor Sarmiento announced that public comments on Public Hearing item 29 were heard on June 1, 2021. Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there will be limited in -person meeting location for members of the public City Council 19 — 1 0/3/2021 to attend the City Council meeting. 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 — Public comments for items 29 through 31 were heard during the June 1, 2021, Regular City Council Meeting. Therefore, public comments will not be heard at the June 3, 2021, Adjourned Regular City Council Meeting. All remaining agenda items will be considered in accordance with the Brown Act. 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 ). ADJOURNED REGULAR CITY COUNCIL MEETING ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento PUBLIC COMMENT — Public comments for items 29 through 31 were heard during the June 1, 2021, Regular City Council Meeting. Therefore, no public comments will be heard at the June 3, 2021, Adjourned City Council Meeting. PUBLIC HEARINGS 29. Public Hearing to Consider an Ordinance to Adopt the Fiscal Year 2021-22 City Budget, Approve the Revive Santa Ana Spending Priorities, Approve a Resolution for Changes to the City's Basic Classification and Compensation Plan Budget, and Adopt the Seven -Year Capital Improvement Program Legal Notice published in the Orange County Reporter on May 21, 2021 and May 28, 2021. Department(s): Finance and Management Services Recommended Action: 1. Approve the introduction and first reading of an Ordinance to adopt the budget for Fiscal Year 2021-22 (FY21-22), which begins on July 1, 2021 and ends on June 30, 2022. 2. Approve the Revive Santa Ana Spending Priorities. 3. Resolution No. 2021-XXX —Adopt a Resolution, to effect certain changes to the City's basic classification and compensation plan, such as addition of new classification titles. City Council 29-2 0/3/2021 4. Adopt the Seven -Year Capital Improvement Program (CIP) beginning FY21-22 through FY27-28, as required by the Orange County Transportation Authority (OCTA) for Measure M2 eligibility. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to Approve the recommended action with option B and the following amendments: 1. Approve a third Executive Assistant for the City Manager's Office 2. Change the Fairview Bridge bike lane from a Class 1 to Class 2 bike lane 3. Add the Legal Defense Fund as a recurring line item to the budget YES: 7 — Penaloza, Mayor Pro Tem, — Phan, Councilmember, — Lopez, Councilmember, — Bacerra, Councilmember, — Hernandez, Councilmember, — Mendoza, Councilmember, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Public comments were considered at the June 1, 2021 Regular Open City Council Meeting. City Manager Kristine Ridge provided a brief recap from the June 1, 2021 City Council meeting. Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Council provided input and comments regarding the Planning and Building proposed budget. Police Chief David Valentin provided a brief presentation. Council provided input and comments regarding the proposed Police Department budget. Orange County Fire Authority Division Chief James Henery provided a brief presentation. Public Works Agency Nabil Saba provided a brief presentation. Council provided input and comments regarding the proposed Public Works Department budget. City Council 3)— 3 0/3/2021 Closed Public Hearing at 12:17 a.m. Council provided input to city staff. COUNCILMEMBER REQUESTED ITEMS 30. Discuss and Consider Directing the City Manager to Direct Staff to Form a City Charter Review Committee to Bring Forward Amendments That Can Potentially Be Placed on the Ballot for Voter Adoption — Mayor Pro Tern Penaloza MINUTES: Council expressed support and provided direction to City staff. 31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Condemning Anti -Semitic Violence — Councilmember Lopez MINUTES: Council expressed support and provided direction to City staff. CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS MINUTES: Councilmember Bacerra requested to adjourn in memory of Ralph Allen. Councilmember Hernandez encouraged the community to get vaccinated against COVID- 19 Councilmember Lopez wished everyone a happy pride month. Councilmember Mendoza spoke in favor of adjourning in memory of Ralph Allen, offered congratulations to high school graduates, encouraged the community to vaccinate themselves against COVID-19, and urged everyone to conserve water. Councilmember Phan wished community a happy pride month and highlight Loving Day, June 12. Mayor Pro Tem Penaloza wished the community a happy pride month and congratulated graduating classes in the City. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Mayor Sarmiento Adjourned the meeting at 12:39 A.M. City Council 4D — 4 0/3/2021 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Adjourned Housing Authority meeting to order on June 4, 2021 at 12:31 A.M. Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: None. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Recommended Action: Excused absent members. 2. Minutes from the Housing Authority Meeting of April 6, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. City Council T — 5 0/3/2021 Moved by Councilmember Hernandez, seconded by Councilmember Mendoza to Approve. YES: 7 — Penaloza, Mayor Pro Tem, — Phan, Councilmember, — Lopez, Councilmember, — Bacerra, Councilmember, — Hernandez, Councilmember, — Mendoza, Councilmember, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS 11 %ll ►�L�j��►71 i►� .[7i� ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Adjourned Housing Authority meeting and reconvened to the Adjourned Regular Meeting on June 4, 2021 at 12:33 A.M. City Council ® — 6 0/3/2021 Finance and Management Services www.santa-ana.org/finance Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Second Reading Ordinance Amending the Cannabis Public Benefit Fund AGENDA TITLE: Second Reading and Adoption of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services RECOMMENDED ACTION Place Ordinance on second reading and adopt. DISCUSSION On July 20, 2021, the City Council introduced the attached Ordinance amending Article XX of Chapter 13 of the Santa Ana Municipal Code to authorize discretionary allocations between youth services and enforcement services from the Cannabis Fund (Exhibit 1). The July 20 staff report included summary spending information for the Cannabis Public Benefit Fund. However, the City Council requested staff return with detailed spending information. The detailed spending plan for the FY21-22 budget follows, and detailed actual spending to date for FY19-20 and FY20-21 is attached (Exhibit 2). Department Spending Description FY21-22 Budget Parks & Recreation 3 full-time Recreation Leaders and 10 part-time $1,074,660 Program Coordinators to provide recreation programs. 2 full-time Zoo Education Specialists for zoo programs + Support equipment, training & overhead 71,610 Parks & Recreation Zoo Exhibit 250,000 Parks & Recreation Contracted aquatics program operator 169,500 Parks & Recreation Anti -drug program 60,000 Parks & Recreation "Zoo and You" program 50,000 Parks & Recreation Teen excursions 43,200 Parks & Recreation Program Supplies for "Zoo and You" and Teen 93,200 Excursion programs. City Council 10-1 9/7/2021 Second Reading Ordinance Amending the Cannabis Public Benefit Fund September 7, 2021 Page 2 Parks & Recreation Splash pads, Thornton Park Lighting, Santa Anita Parking Lot and Playground 5,343,520 Parks & Recreation Summer Youth Internship Program at WORK Center 382,000 Parks & Recreation DACA Support 100,000 Library Library PT Staff: 3 Library Assistants; 8 Tutors, 1 Library Clerk and 1 Page 228,010 Library Wi-Fi Hot Spot service 137,400 Library Digital content 70,000 Library Contracted youth services 37,000 Library Bookmobile/Mobile Outreach Vehicle 100,000 Library Materials and supplies, including books and technology 139,600 Library Additional improvements at Newho e Library 1,287,990 Total Youth Spending Appropriation $9,637,690 Department Spending Description FY21-22 Budget City Attorney's Office 1 Assistant City Attorney $189,080 + Support overhead 15,560 City Attorney's Office Contract legal services 300,000 City Attorney's Office IT overhead allocation to be corrected (reduced) 214,300 at mid -year. Planning & Building 1 Code Enforcement Supervisor 808,120 6 Code Enforcement Officers 1 Senior Office Assistant + Support equipment, training & overhead 99,150 Planning & Building Contract services for board -ups & security 71,700 Police Department 6 Police Officers 1,399,930 + Support equipment/vehicles/training/overhead 208,580 Finance 85% of 1 Business License Inspector/Collector 95,230 + Support overhead 9,180 Finance Contract Services for audit 255,550 Total Enforcement Spending Appropriation $3,666,380 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Any fiscal impact will come from future City Council action to amend the current year budget or adopt the budget in future years. City Council 10 — 2 9/7/2021 Second Reading Ordinance Amending the Cannabis Public Benefit Fund September 7, 2021 Page 3 EXHIBIT(S) 1. Ordinance No. NS-XXX, an Ordinance of the City of Santa Ana, California, amending Article XX of Chapter 13 of the Santa Ana Municipal Code to authorize discretionary allocations between youth services and enforcement services from the Cannabis Fund 2. Actual Cannabis Public Benefit Fund spending to date for FY19-20 and FY20-21 Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 10 — 3 9/7/2021 EXHIBIT 1 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE DISCRETIONARY ALLOCATIONS BETWEEN YOUTH SERVICES AND ENFORCEMENT SERVICES FROM THE CANNABIS FUND THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13-203 of Article XX of Chapter 13 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 13-203. - Cannabis Revenue Funding. A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund. The Cannabis Fund shall be funded by an automatic deposit of two- thirds (2/3) of all cannabis tax revenues generated each year, commencing with the Fiscal Year Budget for 2019-2020 and continuing thereafter in the budget for each Fiscal Year, from all of the following: 1) Operating Agreements for Commercial Cannabis businesses and 2) Any newly adopted Cannabis Business License Tax. For purposes of this subsection, in addition to the descriptions provided directly above in this paragraph, the phrase "cannabis tax revenues" means all revenues generated from any new or increased cannabis tax which has been approved by the voters of the City on or after the effective date of this Chapter and any increase of the cannabis tax authorized by the Santa Ana Municipal Code and approved by the City Council. Tax revenue from Medicinal/Medical Cannabis shall not go into the Cannabis Fund. Funds in the Cannabis Fund shall be carried over from year-to-year. B. Discretionary Deposits into Cannabis Fund not Prohibited. Nothing in this Chapter shall prohibit the City Council, as part of the budgeting process, from contributing additional revenues to the Cannabis Fund, as determined in the City Council's sound legislative discretion. C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund shall be restricted to 1) Youth Services: expenditures for new, additional or enhanced, as of the date the Cannabis Fund is created, for Youth Services for City of Santa Ana residents and 2) Enforcement Services: expenditures for Enforcement Services to enforce cannabis regulations and other nuisance laws to improve the quality of life of residents. Specific allocations for Youth Services and Enforcement Services shall be made at the sole discretion of the City Council. Ordinance No. NS-XXX Pagdtgf�ouncil 10 — 4 9/7/2021 Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM HSonia R. Carvalho// SONIA R. CARVALHO City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Mayor . 2021. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2021, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana City Council 2 10 — 5 Ordinancq/P/dp,, 9 of 2 EXHIBIT 2 CANNABIS PUBLIC BENEFIT FUND Actual Spending to Date Employee Supplies Overhead Capital FY19-20 Compensation Contracts & Equipment & Support Improvements Totals Parks & Recreation Youth 197 4,145 4,341 City Manager's Office Enforcement 848 2,088 2,935 City Attorney's Office Enforcement 263,109 39,599 302,707 Finance Enforcement 100,567 100,567 Code Enforcement Enforcement 144,432 2,286 18,912 165,629 Police Department Enforcement 1,133,444 53,100 6,561 61,927 1,255,031 Totals $ 1,642,596 $ 57,244 $ 8,847 $ 122,525 $ - $ 1,831,212 Employee Supplies Overhead Capital FY20-21 YTD JULY (1) Compensation Contracts & Equipment & Support Improvements Totals Parks & Recreation Youth 116,696 435,113 113,053 213,803 878,664 Library Youth 19,763 269,471 27,608 471,663 57,773 846,276 City Attorney's Office Enforcement 401,389 29,947 27,270 458,605 Finance Enforcement 89,590 89,590 Code Enforcement Enforcement 172,617 34,954 38,578 20,215 266,364 Police Department Enforcement 1,281,069 51,509 16,744 8,948 1,358,271 Totals $ 2,081,123 $ 820,993 $ 82,930 $ 641,149 $ 271,575 $ 3,897,770 (1) Staff will continue to pay FY20-21 invoices through the end of August, and final audited expenditures for FY20-21 will increase. City Council 10 - 6 9/7/2021 Clerk of the Council Office www.santa-ana.org/cc Item # 13 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Boards and Commissions Biannual Attendance Report AGENDA TITLE: Receive and File Boards and Commissions Biannual Attendance Report for January through June 2021 RECOMMENDED ACTION Receive and file Boards and Commissions Biannual Attendance Report or provide direction to staff. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the City Council regarding member attendance at board and commission meetings. This report covers the period of January through June 2021. Pursuant to Santa Ana Municipal Code Section 2-326 (c), if a member of a board or commission absents himself or herself from two regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the city, the office shall become vacant and shall be so declared by the City Council. Examination of the attendance report reveals that some members of the Community Development Commission have exceeded the limits for permitted absences. Staff that oversees the Community Development Commission has stated there was a communication issue that has now been resolved and attendance should no longer be an issue. Therefore, staff recommends that the City Council receive and file this report or provide direction. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 13 — 1 9/7/2021 Boards and Commissions Biannual Attendance Report September 7, 2021 Page 2 EXHIBIT(S) 1. Biannual Attendance Reports (10) Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 13 — 2 9/7/2021 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY 2021 THROUGH JUNE 2021 ) BOARD/COMMISSION NAME: Arts and Culture Commission JANUARY FEBRUARY j MARCH MEMBER NAME 21 18 18 Escamilla, Manuel C X Gutierrez, Frank A X X Harris, Andrea N Hernandez, Joese Jennifer Oliva MacNair, Robyn C E Olivares, Fernando L Rosa Garcia Russell, Deborah L E Vu, Indigo D ATTENDANCE KEY: COMMENTS: U X = Attended X APRIL MAY JUNE 15 20 27 17 X X X X It_- X X X X X X X X X X 0 X X X X X X X X X E = Excused Absence X X X X X X U = Unexcused Absence Department Head Signature Date City Council 13 — 3 9/7/2021 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY 2021 - JUNE 2021 ) BOARD/COMMISSION NAME: COMMUNITY DEVELOPMENT COMMISSION MEMBER NAME JANUARY Meeting Dates FEBRUARY Meeting Dates MARCH Meeting Dates APRIL Meeting Dates MAY Meeting Dates JUNE Meeting Dates 27 24 3 24 28 25 23 Afusia, Roy C U I U U U X C Covington, Winston A U U U U X A Frazier, Vince N X U U U U N Le, Dang C X X X X X C Martinez, Irlanda E X X X X X E Martinez Balbuena, Darlene L X X L Oliva, Jennifer L X X X X E L Santana, Richard E X X X E Torres, Anacany D X X X X X D Vasquez, Gilbert U U U X X COMMENTS: ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence -:�5�4--- --� - (3 - 2,0 z Department Head Signature Date City Council 13 — 4 9/7/2021 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO (JANUARY THROUGH JUNE CITY COUNCIL 2021) BOARD/COMMISSION NAME: ENVIRONMENTAL & TRANSPORTATION ADVISORY COMMISSION MEMBER JANUARY Meeting Dates FEBRUARY Meeting Dates MARCH Meeting Dates APRIL Meeting Dates MAY Meeting Dates JUNE Meeting Dates NAME Canceled Canceled 9 13 11 8 Sandoval-Bailon, Nancy X X E X Benninger, Carl X X X X Germain, Brian X X X X *Klein, Larry X X "Macres, Michael X ** ** ** McLoughlin, Janelle X X X X Navarro, Tanya (Appointed 3116121) *** X X X ***Oregel, Daniel X *** *** *** Romero, Dorian (Appointed 514121) X X Vasquez, Tsui (Appointed 1119121) X X X X Wood, Gary (Appointed 3116121) ** X X X ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence Comments: *L. Klein (Ward 3) replaced by D. Romero on 5/4/21 **M. Macres (Ward 1) replaced by G. Wood on 3/16/21 ***D. Oregel (Mayoral Rep) replaced by T. Navarro on 3/16/21 City Council uf c Works Agency 9/7/2021 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY THROUGH JUNE 2021) HISTORIC RESOURCES COMMISSION BOARD/COMMISSION NAME: MEMBER NAME JAN Meeting Dates MARCH Meeting Dates MAY Meeting Dates 07 25 13 Carpenter, Keith C A N C E L L E D X X Christy, Alberta X X Frazier, Vincent X E Hardy, Ginelle X X McLoughlin, Mark X X Murashie, Edward X X Rush, Tim X X Sarmiento-Pena, Sandra X X Shipp, Dwayne X X ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence City Council 13 — 6 Pag@MW21 COMMENTS: Department Head Signature Date Page 2 of 2 &nbsp; City Council &nbsp;13 &ndash;&nbsp;7 9/7/2021 &nbsp; CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY THROUGH JUNE 2021) BOARD/COMMISSION NAME: PARKS, RECREATION & COMMUNITY SERVICES COMMISSION MEMBER NAME JANUARY Meeting ❑ates FEBRUARY Meeting Dates MARCH Meeting Dates APRIL Meeting Dates MAY Meeting Dates JUNE Meeting Dates January 27, 2021 February 24, 2021 March 31, 2021 April 29, 2021 May 19, 2021 June 24, 2021 Andres Ramirez X X X X X Canceled Angie Gomez Canceled X E X X X Cory Nelson Canceled X X X X U Ruby Woo Canceled X X E X X Sergio Escobar Canceled U Gabrielle Gutierrez X X X X Monica Mouet X X X X Alfredo Torreblanca X X X X ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence COMMENTS: Commissioners Gutierrez, Mouet & Torreblanca, joined the Commission in March 2021. Torreblanca replaces Escobar. De0aftment Head Sig 07/06/2021 Date City Council 13 — 8 PaW7/421 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO (JANUARY THROUGH JUNE BOARD/COMMISSION NAME: Personnel Board CITY COUNCIL 2021) JANUARY Meeting Dates FEBRUARY Meeting Dates MARCH Meeting Dates APRIL Meeting Dates MAY Meeting Dates JUNE Meeting Dates MEMBER NAME 27 9 Gabriela Hernandez- Castillo X X Valerie Huynh E X Angie Rivera X X Michelle Pulido X X Berenice Ballinas X X Nellieann LeGaspe X X Denise Naranjo X X ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence COMMENTS: City Council Department Head Signature 13-9 ate ► a,9/712021 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO (JANUARY THROUGH JUNE BOARDICOM MISSION NAME: PLANNING COMMISSION CITY COUNCIL 2021) JAN Meeting Dates FEB Meeting Dates MAR Meeting Dates APRIL Meeting Dates Meeting Datesates MAYrxx MEMBER NAME 11 25 8 22 8 22 12 26 10 25 Alderete, Eric* I NIA C NIA X C X X X X X Calderon, Miguel X A X X A X X x X E 1 **Contreras -Leo, Cynthia* E N E X N NIA NIA NIA NIA N/A NIA NIA NIA **Garcia, Norma E C NIA NIA C NIA NIA NIA NIA NIA NIA NIA NIA Morrissey, Thomas X E E X E X X X X X E E McLoughlin, Mark X L X X L X X X X X X X **Nguyen, Kenneth X L NIA NIA L NIA NIA NIA NIA NIA NIA NIA NIA Pham, Bao* NIA E X X E X X X X X X X Ramos, Isuri* NIA D X X D X X X X X X X Woo, Alan* NIA NIA NIA X X X X X X X ATTENDANCE KEY- X = Attended F = Fxrimpr^i Ahcpnr_p 11 = I lnlyr_impei ❑hcpnrp City Council 13 — 10 Pag&W2021 COMMENTS: *New Commissioner; term began in 2021 "Term expired Department Head Signature Date Pap-e 2 of 2 &nbsp; City Council &nbsp;13 &ndash;&nbsp; 11 9/7/2021 &nbsp; CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY THROUGH JUNE 2021) Santa Ana 2018 Measure X Citizen Oversight Committee BOARDICOM MISSION NAME: JANUARY Meeting Dates FEBRUARY Meeting Dates MARCH Meeting Dates APRIL Meeting Dates MAY Meeting Dates JUNE Meeting Dates MEMBER NAME 13 10 9 Tim Johnson X X X Lori Karaguezian X X X Abigail Landaverde E X X Nancy Lewis X E X Christopher Leo E nla nla Alonzo Lugo X X X Carlos Perez X X E Michael Hernandez n/a X E City Council 13 — 12 ra ATTENDANCE KEY: X = Attended E = Excused Absence COMMENTS: Department Head Signature U = Unexcused Absence Jul 6, 2021 Date City Council 13 — 13 Pa_W?/2Q21 CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY THROUGH JUNE 2021 ) BOARD/COMMISSION NAME: WORKFORCE DEVELOPMENT BOARD JANUARY FEBRUARY MARCH APRIL MAY JUNE MEMBER NAME 21 DARK 18 DARK 20 DARK Alegre, Ignacio X X X Beasley, Brent X X X Campos, Daisy X X Elliott, David X E X Gonzalez, Simon E X X Haley, Jack X X X Kavanaugh, Bridget X X Knitter, Marjorie X E X Korthuis, Patrick X E E Lopez, Maria Rosa X X X Loubet, Pierre X X Perez, Enrique X E X Rivera, Johanna X X Ruiz, Robert X X X Sanchez, Stacey X X X Snapper, Christine X X X Tucker, Bob X X X Varnum, Dennis X A X X ATTENDANCE KEY: X = Attended COMMENTS: City Council E = Excused Absence Head Signature U = Unexcused Absence CITY OF SANTA ANA BIANNUAL ATTENDANCE REPORT TO CITY COUNCIL (JANUARY THROUGH JUNE 2021) BOARD/COMMISSION NAME: YOUTH COMMISSION MEMBER NAME JANUARY Meeting Dates FEBRUARY Meeting Dates MARCH Meeting Dates APRIL Meeting Dates MAY Meeting Dates JUNE Meeting Dates January 22, 2021 February 26, 2021 March 26, 2021 April 23, 2021 Mav 21. 2021 June 18, 2021 Cielo Echegoyen Canceled X X X x x Isabel Ortega Canceled X X X E X Andreanela Ordonez Canceled X X X E X Alessandra Huizar Canceled E X X X X Ray Diaz Canceled X X X X X Canceled Jacquelyn Manguilar X X X X X Mia Verdin X X X X ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence COMMENTS: Commissioner Verdin, joined the Commission in March 2021. City Council 3-15 07/06/2021 Pad 712021 Finance and Management Services www.santa-ana.org/finance Item # 14 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Quarterly Report of Contracts AGENDA TITLE: Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 RECOMMENDED ACTION Receive and file Quarterly Report of Contracts (COVID-19 and non-COVID-19-related) entered into between April 1, 2021 to June 30, 2021, valued at up to $50,000 for non- public works contracts and agreements, up to $250,000 for public works contracts and agreements and all other contracts and agreements related to COVID-19. DISCUSSION Section 421 of the Charter requires the City Manager to submit a Quarterly Report (Report) to the City Council disclosing all contracts approved and executed under her authority, for informational purposes. The Report is required to include the names of the contractors and the amounts of each contract along with a brief description. Section 2-748 provides the City Manager contracting authority to enter into non-public works contracts and agreements up to $50,000 and public works contracts and agreements up to $250,000. Resolution No. 2020-016, adopted March 17, 2020, granted the City Manager, as acting Director of Emergency Services, the authority to enter into or extend agreements necessary for the continuing operation of City services. Exhibit 1 is a listing of all purchase orders and agreements (COVID-19 and non-COVID- 19-related) entered into during the period April 1, 2021 to June 30, 2021, valued at amounts between $500 and $50,000 for non -Public Works and up to $250,000 for Public Works contracts and agreements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 14 — 1 9/7/2021 Quarterly Report of Contracts September 7, 2021 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Quarterly Report of Contracts — April 1, 2021 — June 30, 2021 Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 14 — 2 9/7/2021 1*:/:111-3hfi1 Quarterly Report of Contracts: April 1, 2021 to June 30, 2021 Non-COVID-19 No. Date Vendor Name Type Number Agency Amount Description 1 04/01/21 MOBILE JANITORIAL SUPPLIES BOC 6636 POL $ 15,000.00 CLEANING PRODUCTS 2 04/01/21 ALTA FOODCRAFT COFFEE BOC 6715 CMO $ 4,000.00 BEVERAGE SERVICE, COFFEE 3 04/01/21 DUNN-EDWARDS CORP BOC 6730 CITYWIDE $ 2,500.00 PAINT & PAINTING SUPPLIES 4 04/01/21 ULINE INC BOC 6738 CITYWIDE $ 5,000.00 SHIPPING & MISC SUPPLIES 5 04/01/21 SUNBELT RENTALS INC BOC 6759 CITYWIDE $ 25,000.00 EQUIPMENT RENTALS 6 04/01/21 REFRIGERATION SUPPLIES BOC 6781 PWA $ 5,000.00 REFRIGERATION & AC SUPPLIES 7 04/01/21 CHEM MARK 210101 BOC 6797 PRCS $ 1,500.00 INDUSTRIAL DISH WASH CHEMICALS 8 04/01/21 AZTEC TECHNOLOGY CORPORATION BOC 6820 PWA $ 15,000.00 STORAGE CONTAINER RENTAL FOR 9 04/01/21 AMAZON WEB SERVICES INC BOC 6874 IT $ 25,000.00 AMAZON CLOUD STORAGE 10 04/01/21 L&S EMBROIDERY BOC 6890 CITYWIDE $ 5,000.00 EMBROIDERED & SCREENPRINTING GARMENTS 11 04/01/21 WHISTLES FOR LIFE PO 123993 PWA $ 912.66 ORANGE WHISTLE BODY 12 04/01/21 GST PO 123994 IT $ 34,027.42 HPE APOLLO 4200 GEN10 24LFF 13 04/05/21 CREATIVE SIGN INC PO 123997 FMS $ 1,539.66 VEHICLE DECALS WHITE/ OR LETTERS 14 04/05/21 GLADWELL GOVERNMENTAL SERVICES AG N-2021-060 COC $ 25,000.00 RECORDS RETENTION SERVICES 15 04/06/21 SOUTHERN COUNTIES LUBRICANTS PO 124001 PWA $ 4,703.49 MOTOR OIL 16 04/06/21 APPLE INC PO 124002 IT $ 4,899.46 10.2 INCH IPAD WI-FI 128GB 17 04/07/21 SAITECH INC PO 124003 IT $ 17,701.00 PRODUCTION SUPPORT RENEWAL 18 04/07/21 SMART SOURCE OF CALIFORNIA LLC PO 124004 POL $ 4,891.18 CS883 NOTICE PARKING VIOLATION 19 04/07/21 UNITED WATER WORKS INC PO 124006 PWA $ 2,891.91 HYDRANT GIRD SURGE PROTECT VALVE 20 04/08/21 HAAKER EQUIPMENT COMPANY PO 124009 PWA $ 3,763.85 3K PSI PRESSURE WASHER SPRAY GUN 21 04/08/21 LC ACTION POLICE SUPPLY PO 124011 POL $ 3,391.33 SMITH AND WESSON LEG IRONS 22 04/08/21 ENVIRONMENTAL BIOTECH INC PO 124012 PWA $ 1,816.68 DIPSTICK SUPER PRO 23 04/09/21 FUN EXPRESS PO 124020 LIB $ 550.25 CRAFT SUPPLIES 24 04/12/21 HIGH SWARTZ, LLP AG N-2021-061 CAO $ 50,000.00 LEGAL SERVICES 25 04/12/21 BAKER RESCUE SERVICES, INC. AG N-2021-062 PWA $ 50,000.00 CONFINED SPACE RESCUE STAND-BY SERVICES 26 04/13/21 MATCO TOOLS PO 124032 PWA $ 3,768.03 AUTEL MS908CV SCANNER TOOL 27 04/13/21 MATCO TOOLS PO 124033 PWA $ 4,805.91 ROBINAIR A/C MACHINE 28 04/13/21 U S VETERINARY EQUIPMENT INC PO 124034 PRCS $ 630.68 SERVICE ANESTHESIA MACHINES 29 04/13/21 ATKINSON, ANDELSON, LOYA, RUUD & AG N-2021-066 HR $ 50,000.00 LIMITED LEGAL SERVICES AGREEMENT 30 04/14/21 EVERDE GROWERS PO 124036 PWA $ 21,897.84 VARIOUS TREE SPECIES - 24" BOXES 31 04/19/21 XYBIX SYSTEMS INC PO 124043 POL $ 1,887.66 DESK TREADMILL 32 04/19/21 P W GILLIBRAND CO INC PO 124044 PRCS $ 4,316.57 SILICA #20 SAND 33 04/19/21 BACKHAUS DANCE AG N-2021-075 PRCS $ 13,500.00 YOUTH PROGRAMS AND SERVICES 34 04/19/21 COMMUNITY PARTNERS AG N-2021-076 PRCS $ 17,242.00 YOUTH PROGRAMS AND SERVICES 35 04/19/21 PACIFIC SYMPHONY AG N-2021-078 PRCS $ 10,000.00 YOUTH PROGRAMS AND SERVICES 36 04/20/21 TILLEY CRANE INSPECTION PO 124045 PWA $ 4,500.00 ANNUAL CRANE CERTIFICATIONS City Council 14 — 3 9/7/2021 Page 1 of 5 No. Date Vendor Name Type Number Agency Amount Description 37 04/20/21 WESTERN PRINTING SYSTEMS INC PO 124049 PBA $ 17,000.00 GENERAL PLAN EJ FLYER AND SURVEY 38 04/20/21 EAST WEST CONSOLIDATED LLC PO 124052 POL $ 9,569.65 STEEL CORE ARMOR PLATES 10"X12" 39 04/20/21 ONE FLOW BACKFLOW INC PO 124053 PRCS $ 4,050.00 ANNUAL BACKFLOW TESTING 40 04/20/21 SILVER & WRIGHT, LLP AG N-2021-035-01 PBA $ 15,000.00 ADMINISTRATIVE HEARING SERVICES 41 04/22/21 THE CAMBODIAN FAMILY AG N-2021-077 PRCS $ 11,403.00 YOUTH PROGRAMS AND SERVICES 42 04/22/21 LITTLE DIVERSIFIED ARCHITECTURAL AG N-2021-079 PWA $ 24,060.00 IRRIGATION DESIGN / CALCULATION SERVS 43 04/22/21 ADLERHORST INTERNATIONAL, INC. AG N-2021-080 POL $ 47,200.00 PROVIDE K-9 TRAINING SERVICES 44 04/23/21 MEMAR INC PO 124058 PRCS $ 22,450.00 CONCRETE PAD FOR FITNESS COURT 45 04/23/21 IZONE IMAGING PO 124060 PRCS $ 10,688.80 VARIOUS SIGN PANELS 46 04/23/21 TEAM ONE MANAGEMENT SERVICES PO 124061 CDA $ 1,250.00 CLEANING OF TRAILERS 47 04/23/21 FOREMOST PROMOTIONS PO 124062 POL $ 982.08 POLICE OFFICER SMILEY PEN 48 04/23/21 JPW COMMUNICATIONS LLC PO 124063 CDA $ 1,181.25 FLYERS FOR SAVES PROGRAM 49 04/26/21 ACCO BRANDS USA LLC PO 124064 FMS $ 1,430.25 SHIPPING & PRINTING SUPPLIES 50 04/26/21 SPORTS FACILITIES GROUP INC PO 124065 PRCS $ 9,900.00 REPLACE BROKEN BLEACHERS 51 04/26/21 COAST RECREATION INC PO 124066 PRCS $ 2,537.06 SLIDEWINDER2 ENTRANCE SECTION 52 04/26/21 VARI SALES CORPORATION PO 124067 POL $ 776.77 VARIDESK ELECTRIC PRO PLUS 53 04/26/21 GAMETIME PO 124068 PRCS $ 2,704.97 WILDER SLIDE ENTRANCE - BLUE 54 04/26/21 ORANGE, COUNTY OF AG N-2021-051 CDA $ 15,000.00 REGIONAL WORKFORCE SERVICES 55 04/27/21 SPIT SOCK HOOD PO 124069 POL $ 2,615.26 SPITSOCK BRAND 56 04/27/21 BURGESS MOVING & STORAGE AG N-2021-084 CDA $ 28,922.89 PROVIDE MOVING AND STORAGE SERVICES 57 04/27/21 PROTECTION AMERICA, INC. AG N-2021-085 CDA $ 5,000.00 PROVIDE SECURITY SERVICES 58 04/28/21 BIOBAG AMERICAS INC PO 124076 PRCS $ 2,780.19 BIOBAG 32-GALLON LINER 59 04/28/21 PUMPMAN LLC PO 124078 POL $ 16,582.00 REPAIR STORMWATER PUMP #2 60 04/28/21 THE VEST MAN PO 124083 POL $ 1,966.50 VEST CARRIERS 61 04/29/21 PEROT INDUSTRIES LLC PO 124084 PWA $ 2,822.98 THE BOSS PORTABLE PIPE VISE 62 04/29/21 ZORO PO 124086 PWA $ 7,468.20 PIPE THREADING MACHINE 63 04/29/21 FERNANDO OLIVARES AG N-2021-089 CDA $ 700.00 UTILITY BOX PROGRAM; BRISTOL / EDINGER 64 04/29/21 MARIA REYNA AG N-2021-090 CDA $ 500.00 UTILITY BOX PROGRAM; BRISTOL / WILSHIRE 65 04/29/21 EMILY MERAZ HUSTED AG N-2021-093 CDA $ 500.00 UTILITY BOX ART PROG; BRISTOL / STA ANA BLVD 66 04/29/21 DAVID VOLZ DESIGN LANDSCAPE AG N-2021-095 PWA $ 50,000.00 ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES 67 05/01/21 MUNICIPAL MAINTENANCE BOC 6645 PWA $ 20,000.00 AUTO PARTS & MAINTENANCE 68 05/01/21 AIRGAS USA BOC 6782 PRCS $ 2,500.00 CO2 CYLINDER SERVICE 69 05/01/21 DIVERSIFIED WATERSCAPES BOC 6785 PRCS $ 15,000.00 LAKE WATER TRMT SERVICES 70 05/01/21 UNITED PARCEL SERVICE BOC 6824 FMS $ 2,000.00 PARCEL DELIVERY & PICK-UP 71 05/01/21 INDUSTRIAL METAL SUPPLY BOC 6843 PRCS $ 10,000.00 METAL AND STEEL 72 05/01/21 WATERLINE TECHNOLOGIES BOC 6871 PRCS $ 12,500.00 WATER TREATMENT CHEMICALS 73 05/01/21 TUSTIN LOCK & SAFE BOC 6893 CITYWIDE $ 10,000.00 LOCKSMITH & CYBER LOCK REPAIRS 74 05/03/21 HILLYARD LOS ANGELES PO 124088 PWA $ 3,311.70 ELECTRIC CYLIN. FLOOR SCRUBBER 75 05/03/21 REI SHADE SYSTEMS PO 124089 PRCS $ 1,719.00 CUSTOM SHADE SAILS INSTALLED 76 05/03/21 STETSON ENGINEERS, INC. AG N-2021-097 PWA $ 50,000.00 CONSUMER CONFIDENCE REPORT SERVICES 77 05/05/21 P W GII I IRRANn CO INC PO 124093 PRCS S 4 330_75 SII ICA #90 SAND City Council 14 — 4 9/7/2021 Page 2 of 5 No. Date Vendor Name Type Number Agency Amount Description 78 05/05/21 JWC ENVIRONMENTAL LLC PO 124094 PWA $ 32,621.12 REPAIR SEWER GRINDER 79 05/06/21 SULLIVAN & MANN LUMBER CO INC PO 124096 PWA $ 917.70 STAKE, WOOD, TREATED FIR 80 05/06/21 SAFEGUARD BY FONTIS PO 124101 PBA $ 1,914.06 ADMINISTRATIVE CITATION BOOKLETS 81 05/06/21 MEYERS CONSTRUCTION CO PO 124102 HR $ 145,000.00 BASEMENT REPAIRS 82 05/06/21 ROBERTSON INDUSTRIES INC PO 124105 PRCS $ 2,047.70 RUBBERIZE SURFACING MATERIALS 83 05/06/21 THE TERRAZAS GROUP, LLC AG N-2021-099 PWA $ 19,050.00 CONFIGURATION MIGRATION TO MICRO STATION 84 05/07/21 OLEA KIOSKS INC PO 124106 POL $ 3,061.82 TEMPERATURE SENSING KIOSK 85 05/07/21 APPLE INC PO 124109 PRCS $ 2,029.93 10.2 INCH IPAD WI-FI 32GB 86 05/07/21 APPLE INC PO 124110 LIB $ 6,202.67 24" IMAC W RETINA 4.5K DISPLAY 87 05/07/21 NAKA ENGINEERING & CONSTRUCTIO PO 124111 PRCS $ 3,890.00 6'X8' ASPHALTIC CONCRETE REPAIR 88 05/07/21 RED8 LLC PO 124113 IT $ 5,571.75 HP 32GB LOW VOLTAGE MEMORY KIT 89 05/10/21 SHI INTERNATIONAL CORP PO 124115 IT $ 7,183.17 MANAGEENGINE DATA SECURITY PLUS 90 05/10/21 PHOENIX CONTRACTING LLC PO 124116 POL $ 42,395.87 ENCLOSED CARGO TRAILER 91 05/11/21 ASSOCIATED BAG COMPANY PO 124117 POL $ 1,043.34 16"X12"X35" KRAFT PAPER BAGS 92 05/11/21 PROTECTION AMERICA, INC. AG N-2021-085-01 CDA $ 4,500.00 PROVIDE SECURITY SERVICES 93 05/12/21 LEXISNEXIS RISK SOLUTIONS AG N-2021-101 POL $ 25,000.00 LAW ENFORCEMENT PLUS SERVICES 94 05/12/21 HUMAN OPTIONS, INC. AG N-2021-102 PWA $ 17,242.00 YOUTH PROGRAMS AND SERVICES 95 05/12/21 WOODARD & CURRAN, INC. AG N-2021-104 PWA $ 50,000.00 SEWER SYSTEM HYDRAULIC MODELING SUPPORT 96 05/17/21 P W GILLIBRAND CO INC PO 124121 PRCS $ 12,452.40 SILICA #20 SAND 97 05/17/21 SURETECK INDUSTRIAL & AG N-2021-107 PWA $ 250,000.00 BUS STOP/SHELTER CLEANING SERVICES 98 05/18/21 TAB PRODUCTS CO LLC PO 124124 CDA $ 2,976.00 SOFTWARE MAINTENANCE RENEWAL 99 05/18/21 NATIONAL BUSINESS FURNITURE PO 124125 COC $ 1,024.45 RIGHT -ARM CHAISE 100 05/18/21 PROFORCE LAW ENFORCEMENT PO 124128 POL $ 9,750.56 GLOCK LE 17 9MM 101 05/19/21 APPLE INC PO 124129 PWA $ 991.97 10.2IN 32GB APPLE IPAD W/ WIFI 102 05/19/21 B&H PHOTO VIDEO PO 124131 LIB $ 1,469.57 19" LCD TELEPROMPTER 103 05/19/21 ANTHEM SPORTS, LLC PO 124132 PRCS $ 3,971.90 SOCCER GOAL PACKAGE 104 05/19/21 ICONSTITUENT LLC PO 124133 CMO $ 20,000.00 GOVTEXT CREDITS 105 05/19/21 PRESIDIO NETWORKED SOLUTIONS PO 124134 IT $ 17,419.82 HPE 3PAR 8000 1.2TB+SW 10K SFF 106 05/20/21 KNOTTS BERRY FARM PO 124136 POL $ 670.00 ADMISSION TICKETS - PAAL FROG 107 05/20/21 KNOTTS BERRY FARM PO 124137 POL $ 670.00 ADMISSION TICKETS - PAAL FROG 108 05/20/21 KNOTTS BERRY FARM PO 124138 POL $ 670.00 ADMISSION TICKETS - PAAL FROG 109 05/20/21 CG4 SOLUTIONS INC PO 124139 IT $ 1,100.00 CG4 ATS FOR CHERWELL 110 05/21/21 ROCKFORCE CONSTRUCTION, LLC. AG N-2021-109 PWA $ 37,620.00 LICENSE AGREEMENT, BRISTOL ST 111 05/25/21 MARY C. AXELSON TRUST AG N-2021-110 CAO $ 24,804.00 SETTLEMENT AGREEMENT 112 05/26/21 CHAPTER ONE SANTA ANA LLC PO 124145 POL $ 1,966.50 MOROCCAN CHICKEN DIP 113 05/26/21 PRES-TECH MANUFACTURERS REPRES PO 124146 PWA $ 24,999.03 LEAK DETECTION EQUIPMENT 114 05/26/21 SIGNATURE FLOORING INC PO 124147 PWA $ 148,917.00 FLOORING REPLACEMENT 115 05/26/21 LEXIPOL LLC PO 124148 POL $ 23,452.82 LEXIPOL ANNUAL CONTRACT RENEWAL 116 05/27/21 B&H PHOTO VIDEO PO 124150 HR $ 6,825.94 ERGOTRON HX DESK MONITOR ARM 117 05/27/21 CA PREMIER COLLEGE INC.; ZAPIEN, AG N-2021-120 CAO $ 50,000.00 SETTLEMENT AGREEMENT 118 06/01/21 RYAN HERCO PRODUCTS BOC 6646 PWA S 5,000.00 MISC PLUMBING SUPPLIES City Council 14 — 5 9/7/2021 Page 3 of 5 No. Date Vendor Name Type Number Agency Amount Description 119 06/01/21 BURLINGTON SAFETY LAB BOC 6685 PWA $ 10,000.00 ELECTRICAL PROOF GLOVE TESTING 120 06/01/21 CORRPRO COMPANIES BOC 6695 PWA $ 15,000.00 CATHODIC PROTECTION SERVICES 121 06/01/21 SUN PAC STORAGE BOC 6709 CITYWIDE $ 20,000.00 STORAGE CONTAINER RENTAL 122 06/01/21 APPLIED KINETICS LLC BOC 6849 POL $ 10,000.00 RIFLE SUPPLY, CLEANING & INSPECTION 123 06/01/21 IDEXX DISTRIBUTION INC BOC 6851 PRCS $ 16,000.00 LABORATORY SERVICES ZOO 124 06/01/21 VERITEXT LLC BOC 6866 HR $ 7,500.00 LEGAL SUPPORT SERVICES 125 06/01/21 SWANK MOTION PICTURES BOC 6876 CITYWIDE $ 10,000.00 MOVIE LICENSING 126 06/01/21 UNITED RENTALS BOC 6897 CITYWIDE $ 50,000.00 SM BATCH CONCRETE & EQUIP 127 06/02/21 G&S CARPET MILLS INC PO 124156 PWA $ 24,997.96 REPLACE CARPET COUNCIL CHAMBERS 128 06/02/21 FLEET SOLUTIONS, LLC AG N-2021-123 PWA $ 50,000.00 DIAGNOSTIC AND LOCATIONAL INFORMATION 129 06/04/21 ADORAMA INC PO 124161 POL $ 7,717.58 CANON EOS R6 CAMERA 130 06/07/21 G&S CARPET MILLS INC PO 124163 POL $ 9,713.86 FLOORING REPLACEMENT 131 06/08/21 SOUTHLAND ENVELOPE CO INC PO 124166 PWA $ 4,348.65 ENVELOPE, #10 SPECIAL WINDOW 132 06/10/21 CALIFORNIA STATE CONTROLLER AG N-2021-128 FMS $ 3,500.00 FY 2020-21 ANNUAL STREET REPORT 133 06/10/21 C CESARIO MEDICAL CONSULTING, LLC AG N-2021-129 POL $ 43,000.00 PROVIDE INMATE CONSULTING SERVICES 134 06/16/21 NORTH AMERICAN RESCUE LLC PO 124181 POL $ 24,577.41 INDIVIDUAL FIRST AID KIT (IFAK) 135 06/16/21 NEXTECH SYSTEMS INC PO 124182 PWA $ 35,911.29 CARMANAH R920E CROSSWALK SYSTEMS 136 06/16/21 MCCAIN INC PO 124183 PWA $ 41,227.67 POLARA 8 BUTTON INS2 SYSTEM 137 06/16/21 BURKE WILLIAMS SORENSON LLP AG N-2021-133 HR $ 50,000.00 LEGAL SERVICES - PERSONNEL BOARD 138 06/17/21 NATIONAL BUSINESS FURNITURE PO 124184 HR $ 1,722.13 BOOKCASE 139 06/21/21 BRIDGEMORE CONSULTING INC AG N-2021-134 PWA $ 50,000.00 MANAGEMENT COACHING SERVICES 140 06/21/21 PEDROZA,ZENAIDA AG N-2021-135 CAO $ 6,750.00 SETTLEMENT AGREEMENT 141 06/23/21 TOYON ASSOCIATES, INC. AG N-2021-136 FMS $ 25,000.00 MEDI-CAL COST AUDIT APPEAL SERVICES 142 06/23/21 JAMISON ENGINEERING AG N-2021-137 PWA $ 50,000.00 INSTALLATION/REMOVAL SEWAGE GRINDERS 143 06/24/21 ORANGE COUNTY TRANSPORTATION PO 124193 CDA $ 4,626.50 YOUTH BUS PASS 144 06/29/21 INFINITY COMMUNICATIONS AND AG N-2019-187-02 LIB $ 20,000.00 CATEGORY E-RATE CONSULTING SERVICES 145 06/29/21 RCS INVESTIGATIONS & CONSULTING AG N-2021-138 HR $ 50,000.00 CONDUCT PERSONAL INVESTIGATIONS Total non-COVID-19 contracts $ 2,548,056.52 Quarterly Report of Contracts: April 1, 2021 to June 30, 2021 COVID-19 No. Date Vendor Name Type Number Agency Amount Description 1 04/01/21 AJ PORTABLES, INC. AG A-2020-131-07 CDA $ 13,360.00 TANKS PUMPING SERVS-COVID TRAILERS 2 04/13/21 JPW COMMUNICATIONS, LLC AG N-2021-065 CIVIC) $ 7,500.00 MARKETING & PUBLIC OUTREACH MATERIALS 3 04/28/21 EXHIBITREE INC PO 124081 HR $ 11,729.08 BARRIER "SNEEZE GUARD" 4 04/29/21 DYFR 1R I I C AG A-2021-029-01 CDA 1 356 R12 00 HOMFI FSS FMFRGFNCY AID PROGRAM City Council 14 — 6 9/7/2021 Page 4 of 5 No. Date Vendor Name Type Number Agency Amount Description 5 05/19/21 EXHIBITREE INC PO 124135 HR $ 1,893.30 BARRIER "SNEEZE GUARD" 6 06/10/21 JPW COMMUNICATIONS, LLC AG N-2021-127 CDA $ 4,900.00 OUTREACH MATERIALS, SPAN ISH/VIETNAMESE 7 06/15/21 ILLUMINATION FOUNDATION AG A-2021-047-01 CDA $ 500,000.00 HOMELESS HOUSING, ASSISTANCE AND PREVENTION Total COVID-19 contracts $ 1,896,194.38 Summary Total this period $ 4,444,250.90 Citywide budget excluding compensation $ 503,592,540.01 Percentage of budget amount 0.9% Agency/Department Total This Quarter Fiscal Year -to -Date City Attorney's Office (CAO) $ 131,554.00 $ 284,288.50 Clerk of the Council (COC) $ 26,024.45 $ 26,024.45 City Manager's Office (CMO) $ 31,500.00 $ 5,036,847.25 Community Development (CDA) $ 1,940,228.64 $ 21,304,027.16 Citywide $ 127,500.00 $ 881,700.00 Finance & Management Services (FMS) $ 33,469.91 $ 249,785.12 Fire $ - $ 109,446.94 Human Resources (HR) $ 324,670.45 $ 902,945.06 Information Technology (IT) $ 112,902.62 $ 962,975.62 Library (LIB) $ 28,222.49 $ 144,035.14 Parks, Rec. & Comm. Services (PRCS) $ 200,144.45 $ 1,614,574.67 Planning and Building (PBA) $ 33,914.06 $ 219,917.09 POL (POL) $ 308,552.19 $ 1,940,090.42 Public Works (PWA) $ 1,145,567.64 $ 6,196,634.35 Total $ 4,444,250.90 $ 39,873,291.77 City Council 14 — 7 9/7/2021 Page 5 of 5 Community Development Agency www.santa-ana.org/cd Item # 15 twor City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Quarterly Report for Housing Division Projects and Activities AGENDA TITLE: Quarterly Report for Housing Division Projects and Activities for the Period of April 2021 — June 2021 RECOMMENDED ACTION Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 2021 — June 2021. DISCUSSION This report for the quarter ending on June 30, 2021 provides statistics for all of the affordable housing projects and activities for the Housing Division. The report is divided into four sections: Loan Activity, Loan Portfolio Management and Monitoring, Affordable Housing Funds and Commitments, and Development Projects. Loan Activity Applications The Housing Division offers several different programs, including: down payment assistance for first-time homebuyers and rehabilitation loans for mobile homes, single- family, multi -family, and historic homes. Inquiries are received from the public and applications are mailed out, received, and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received, and approved by type for the quarter and for the total fiscal year. Table 1: ADDlications Sent Out. Received & ADDroved Program Inquiries Applications Sent Out Applications Received Applications Approved Q4 Total FY Q4 Total FY Q4 Total FY Q4 Total FY Single -Family Rehabilitation 12 48 13 45 3 4 0 0 Mobile Home Rehabilitation 5 19 5 18 2 3 0 0 Multi -Family Rehabilitation 0 0 0 0 0 0 0 0 Historic Home Restoration 0 1 0 1 0 0 0 0 Homeownership / DPAP 16 56 16 50 8 19 5 11 Loan Subordinations 3 20 3 20 3 20 3 20 City Council 15 — 1 9/7/2021 Quarterly Report for Housing Division Projects and Activities September 7, 2021 Page 2 The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify. Due to the Coronavirus (COVID-19), application processing for the Single -Family and Mobile Home Rehabilitation Program continued to be on hold during the fourth quarter. There are currently nine applications for the Single -Family Rehabilitation Program and four applications for the Mobile Home Rehabilitation Program on hold. Homeowners who have second liens with the City of Santa Ana have been interested in refinancing their first lien mortgage to take advantage of the low interest rates. When the first lien is refinanced, it is necessary for the City to subordinate its second lien. During the fourth quarter, three requests for subordination were received, approved, and processed. Rehabilitation Loan Underwriting and Approval Progress During this quarter, no mobile home rehabilitation loans were funded due to the program being on hold. Rehabilitation Program Construction Progress Homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners with the evaluation of bids and selection of a contractor. Staff also monitors the construction work, approves payments to contractors, and tracks expenditures to ensure compliance with the loan agreement and program guidelines. During this quarter, zero additional homes were completed. 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 the U.S. Department of Housing and Urban Development (HUD). During this quarter, staff conducted one down payment assistance virtual workshop via Zoom with 24 attendees. Five down payment assistance loans closed escrow. Eight down payment assistance applications were received, and five applications were approved. 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 fourth quarter, the principal balance was $138,481,778.26. This is composed of 369 loans, of which 346 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $159,735.00 in payments of principal and interest during the fourth quarter. The amount of residual receipts payments changes every quarter. City Council 15 — 2 9/7/2021 Quarterly Report for Housing Division Projects and Activities September 7, 2021 Page 3 Table 2: Portfolio Revenue Funding Source HOME CDBG Redevelopment NSP CalHOME Loan Payoffs $0 $81,380 $0 $0 $43,861 Residual Receipts Payments $0 $6,663 $0 $0 $0 Amortized Loan Payments $2,896 $5,788 $19,147 $0 $43,861 Total for Q4 $2,896 $93,831 $19,147 $0 $43,861 Monitoring As part of the requirements for these funds, staff must monitor the owner -occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 67 owner - occupancy recertification letters were mailed and 43 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. HUD has temporarily waived the requirement for ongoing periodic inspections of HOME -assisted rental housing through September 30, 2021. 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 March 31, 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 Housing Opportunity 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 $21,510,127 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 City Council 15 — 3 9/7/2021 Quarterly Report for Housing Division Projects and Activities September 7, 2021 Page 4 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 W 5th Street The Link Interim $4,140,295 N/A 2320 S Red Hill Emergency Shelter Avenue TOTAL $10,215,295 107 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 $210,000 N/A N/A Assistance TOTAL $2,379,384 86 Affordable Housing Development Projects There is one recently completed affordable housing project, tw projects under construction, and four affordable housing projects Below is a brief summary and status -update for each project. development timeline for each project. Projects Completed La Placita Cinco — formerly Tiny Tim Plaza 2239 West 5th Street o affordable housing in pre -development. Exhibit 3 provides a Developer Community Development Partners New construction of an affordable multifamily apartment complex consisting Description of 50 units of rental housing serving very -low and extremely -low income families, and one 1 manager's unit. City / Authority Inclusionary Housing ($1,300,000), Housing Successor Agency ($4,700,000) Funds Update The project is 100% complete, with only minimal close-out items remaining. All final inspections were signed, and the Certificate of Occupancy was City Council 15 — 4 9/7/2021 Quarterly Report for Housing Division Projects and Activities September 7, 2021 Page 5 issued on June 22, 2021. Retail renovations are complete, with final signage in progress. The project is now 100% leased. Projects under Construction Legacy Square (609 North 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 (1) unit. All units omanager's 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 (8) Project -Based Vouchers (PBVs) Update Construction is currently ongoing and on July 8, 2021 a Groundbreaking Ceremony was celebrated. The estimated completion date is February 2023. North Harbor Villa e 1108 North Harbor Boulevard Developer Jamboree Housing Corporation Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing. City / Authority CDBG ($1,687,047); Eight -nine (89) PBVs consisting of 34 HUD-VASH PBVs Funds and 55 non HUD-VASH PBVs. The developer closed on their construction financing on April 1, 2021 Update Construction is currently ongoing. The estimated completion date is October 2022. Projects in Pre -Development Crossroads at Washington 1126 and 1146 East 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 ($963,951), sixty-five (65) year ground lease Funds agreement for 1126 and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136 The Developer was successfully awarded Orange County Housing Finance Trust funds in May 2021. The Developer continues to work with the City, Update County, and the California Department of Toxic Substances Control (DTSC) on supplemental environmental investigations. The City, County, and DTSC are expected to enter into a Standard Voluntary Agreement for further agency oversight. City Council 15 — 5 9/7/2021 Quarterly Report for Housing Division Projects and Activities September 7, 2021 Page 6 FX Residences (801, 809, 809 % East Santa Ana Boulevard) Developer HomeAid Orange County, Inc. with Mercy House as the service provider Description New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one 1 manager's unit. City / Authority Housing Successor Agency ($1,069,947), three (3) PBVs, 99-year ground Funds lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000 HomeAid Orange County applied for $300,000 from Federal Home Loan Bank of San Francisco through their Affordable Housing Program (AHP) Loan Program at the beginning of March but the project was not awarded the AHP Update funds. Following this project setback, HomeAid Orange County is revising and refining their proforma to calculate their financial gap as they work to close on their financing by the end of this year with additional financial support from the City. Habitat for Humanity (416 Vance Street & 826 North 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 /a AMI. City / Authority Inclusionary Housing ($565,271) and a 99-year ground lease agreement for Funds 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000 On April 6, 2021, City Council approved a First Amendment to the Conditional Grant Agreement with Habitat for Humanity of Orange County for an additional $333,777 in Inclusionary Housing Funds for a total Inclusionary Update Grant amount of $565,271 for the development of the project. The Developer's Site Plan Review application was submitted in April 2021. The Developer is working through Site Plan Review prior to issuance of their building permit to start construction. 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 Program Funds ($2,003,705), Rental Rehabilitation Program ($386,523), and twenty-six (26) Mainstream Program PBVs The developer applied for the OC 2020 Supportive Housing NOFA MHSA Update funds and received this funding award. The developer also applied for competitive NPLH funds on January 19th and received a formal award for these funds from HCD. The developer will apply for 4% tax credits and bonds City Council 15 — 6 9/7/2021 Quarterly Report for Housing Division Projects and Activities September 7, 2021 Page 7 on September 9, 2021 and is expected to close on their financing before June 2022. 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 6t" 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: Very Low Income Low Income Moderate Income RHNA Allocation 606 362 545 Pipeline Projects 414* 529 2 Remaining RHNA 192 -167 543 * 281 units are for extremely low income households (0 — 30% AMI) 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 A. Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 15 — 7 9/7/2021 EXHIBIT 1 Available Funds for Affordable Housing Development Projects As of March 31, 2021 Housing Successor Agency (Housing Authority) $3,650,079 Cash on Hand ($1,069,947) Frances Xavier Residence Project Pre -Commitment Loan' ($250,000) Administrative Costs Allowance 2 ($2,076,527) Administrative Costs Allowance for Future Fiscal Years 3 ($157,386) Crossroads at Washington Option Agreement Amendment 4 $0 Available Funds Inclusionary Housing Funds $10,436,303 Cash on Hand ($210,000) Down Payment Assistance Program 5 ($231,494) Lacy Street Project Pre -Commitment Loan 6 ($1,514,113) Westview House Pre -Commitment Loan 7 ($70,273) WISEPlace Steps to Independence Program Agreement 8 ($2,070,579) Administrative Costs Allowance (CDA/PBA) $6,339,844 Available Funds HOME Program $7,202,730 Funds to Drawdown ($3,007,489) Crossroads at Washington Pre -Commitment Loan 9 ($2,003,705) Westview House Pre -Commitment Loan 7 $2,191,536 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only) $2,134,716 Funds to Drawdown ($1,687,047) North Harbor Village Project Pre -Commitment Loan 10 $447,669 Available Funds to Drawdown NSP Program (Abandoned, Foreclosed or Vacant Properties Only) $1,394,088 Funds to Drawdown ($963,951) Crossroads at Washington Pre -Commitment Loan 9 ($96,395) Crossroads at Washington Project Costs ($333,742) Transfer to CDBG in FY 20/21 $0 Available Funds to Drawdown Rental Rehabilitation Grant Program $392,875 Cash on Hand" ($386,523) Westview House Pre -Commitment Loan 7 $6,352 Available Funds $8,985,402 Total Available Funds 1 Approved by Housing Authority on January 15, 2019. 3 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. a 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, s $400,000 originally approved by City Council on March 6, 2018. Five loans paid through end of September 2020. s Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 2020 (to be reflected in subsequent quarter.) 7 Approved by City Council on April 7, 2020. a Approved by City Council on April 7, 2020, e Approved by City Council on July 2, 2019. 10 Approved by City Council/Housing Authority on March 5, 2019. Loan agreement on April 20, 2021 City Council agenda for approval. 11 Old program income available after close out of program with HUD. City Council 15-8 9/7/2021 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 15 — 9 9/7/2021 EXHIBIT 3 Current Affordable Housing Development Project Timelines Projects Completed La Placita Cinco — 2223 W. 5t" Street Dec 16 Developer submitted request for funds to CDA Jun 17 Awarded City and Housing Successor Agency Funds Jan 18 Planning entitlements approved Jul 18 Submittal of 9% Low -Income Housing Tax Credit Application Oct 18 Award of 9% Low -Income Housing Tax Credits May 19 Close of Escrow Jun 19 Construction initiated Jun 21 Construction completion 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 (2 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) City Council 15 — 10 9/7/2021 Page 1 of 4 EXHIBIT 3 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) May 20 Notified project did not receive 2st 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 City Council 15 — 11 9/7/2021 Page 2of4 EXHIBIT 3 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 for 1st plan check May 22 City issues permit ready letter May 22 Start construction Aug 23 Construction complete Dec 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) Sept 21 City Council Meeting (ministerial approval of density bonus) Sept/Oct 21 Submit for first plan check Feb 21 Building Permit Mar 21 Begin construction (grading, weather permitting) Mar 22 Completion of construction Habitat for Humanity — 416 Vance Street & 826 N. Lacy 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 May 21 Submit grading/improvements May 21 Submit architectural plans Jun 21 Grading permit issued Aug 21 Commence Grading Aug 21 Building Permits issued Sep 21 Begin construction Aug 22 Anticipated construction completion Aug 22 Certificate of Occupancy / Closings City Council 15 — 12 9/7/2021 Page 3 of 4 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 June 22 Close on construction financing June 22 Construction permits issued June 22 Construction start Dec 23 Construction complete March 24 All units Leased August 24 Perm Debt Conversion City Council 15 — 13 9/7/2021 Page 4of4 Community Development Agency santa-ana.org/cd Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Willowick Golf Course Update AGENDA TITLE: Willowick Golf Course Update RECOMMENDED ACTION Receive and file the Willowick Golf Course update. DISCUSSION Background Willowick Golf Course is a 101.5-acre property located at 3017 W 51" Street, owned by the City of Garden Grove and located in the jurisdictional boundaries of Santa Ana. The property is located in the Santa Anita neighborhood, adjacent to the Santa Ana River on the east and the Pacific Electric Right -of -Way on the north. It is in close proximity to the Romero Cruz Academy, Spurgeon Park, Cesar Chavez Campesino Park, and abuts Garden Grove's Buena Clinton neighborhood and the Willowick Royal Mobile Home Park. On December 4, 2017, the Cities of Santa Ana and Garden Grove held a Joint Study Session to discuss the potential reuse of the Willowick Golf Course ("Property"). Both City Councils directed staff to undertake further due diligence in the areas of visioning and economic analysis of the Property. Subsequently, the Cities retained independent consultants to help create a vision of future development and to work with the community to determine both the community needs and conduct a general market assessment. The Cities hosted four workshops to help develop a Vision Plan for the redevelopment of the Property. This process explored conceptual land use options formed by community and stakeholder collaboration and input facilitated by SWA, the consultant for the visioning of the Property. Initial feedback gathered from community workshops envisioned several desired community benefits that included, but was not limited to, the following: affordable housing, open space, community gathering space, cultural arts facilities, neighborhood retail, and connectivity to transit. On January 29, 2019, the Cities of Santa Ana and Garden Grove held their second Joint Study Session to receive an update from the visioning and economic consultants and approved the City of Garden Grove's development and release of a Request for Proposals (RFP) to solicit a master developer for the reuse of the Property. City Council 16 — 1 9/7/2021 Willowick Golf Course Update September 7, 2021 Page 2 From April 29 through June 28, 2019, the City of Garden Grove, in collaboration with the City of Santa Ana, solicited proposals from qualified developers to transform and redevelop the Willowick property. A total of 12 responses to the RFP were received, including nine development proposals and three non -contingent cash offers. The Garden Grove City Council considered a ground lease with a master developer, McWhinney, on December 10, 2019. However, the consideration was continued. Due to changes in the Surplus Lands Act, the process for selecting a master developer was cancelled, and the City of Garden Grove commenced a Surplus Lands Act process for the Willowick property. Surplus Lands Act On October 9, 2019, Governor Newsom signed Assembly Bill ("AB") 1486. AB 1486, which amended the Surplus Land Act effective January 1, 2020 to include, among others, changing the existing, long-standing definition of "surplus land"; providing that land shall be declared either "surplus land" or "exempt surplus land" before a local agency may take any action to sell or lease land; and adding a new limitation providing that an "agency's use" "shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development," or "property disposed of for the sole purpose of investment or generation or revenue." To comply with the amended Surplus Land Act, the City of Garden Grove sent notices of availability to the following: local public entities and housing sponsors for the purpose of developing low - and moderate -income housing, to the City of Santa Ana and County of Orange, any regional park authority and the State Resources Agency for open -space purposes, and to the local school district for school facilities or use. Appraisal An appraisal of the property in February 24, 2021 concluded the market value of the 101.5-acre property was $90 million . This appraisal, conducted by George Hamilton Jones Inc., was completed utilizing an inspection of the property, investigation of various comparable data, market studies, and valuation analyses. The appraisal was also based on the property being subject to the Surplus Lands Act, which states that if 10 or more residential units are developed, then 15 percent of the total number of units must be dedicated to affordable housing. Current Status The City of Garden Grove received three proposals to acquire the Property through the Surplus Lands Act process: (1) Willowick Community Partners (City Ventures, Jamboree Housing, and Primestor); (2) The Trust for Public Land, State Coastal Conservancy and Clifford Beers Housing; and (3) McWhinney Land LLC and Wakeland Housing. A proposal for open space purposes and two general development proposals that include housing and commercial uses were submitted from the above development partnerships. The City of Garden Grove has posted information pertaining to the proposals and Surplus Land Act process at the following webpage: www.q_gcity.org/sla. City Council 16 — 2 9/7/2021 Willowick Golf Course Update September 7, 2021 Page 3 The COVID-19 pandemic caused a pause in the Surplus Land Act process, but the City of Garden Grove has formally commenced a negotiation process on April 19, 2021. The Surplus Land Act requires public agencies to engage in good faith negotiations for a minimum of 90 days with each interested party/proposer. Negotiations are ongoing. Letter from The Rise Up Willowick Coalition On September 7, 2021, The Rise Up Willowick Coalition sent a letter to the Mayor and City Council relating to this Receive -and -File informational report. The Rise Up Willowick Coalition is actively working with the City of Garden Grove relating to the Willowick Golf Course and expressed a desire to include their comments with this informational report. In response, staff is attaching The Rise Up Willowick Coalition's letter as an exhibit to this report (Exhibit 1). FISCAL IMPACT There is no fiscal impact associated with this update. EXHIBIT(S) 1. Letter from The Rise Up Willowick Coalition Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 16 — 3 9/7/2021 i W ILLOWIC September 7, 2021 Mayor Sarmiento and City Council Members City Council Chambers 22 Civic Center Plaza Santa Ana, CA 92701 RE: Receive and File Update on Willowick Negotiations Dear Mayor Sarmiento and City Council Members, The Rise Up Willowick Coalition ("the Coalition") is comprised of residents from the City of Santa Ana ("the City"), the City of Garden Grove, and neighboring Orange County Cities as well as local organizations whose goal is to ensure that the Willowick Golf Course property ("Willowick") is developed to meet the needs of current local residents and their vision which includes publicly accessible parkland for active recreational use, and open space and deep affordable housing The Coalition is providing this letter to the City Council in order to provide necessary context and information that is currently not included in the Receive and File staff report provided to the Council regarding the negotiations of the Willowick property. All the information in this letter is a fact and is part of the public record. 2019 Lawsuit Filed Against the Cities of Garden Grove and Santa Ana When discussing why Garden Grove cancelled the sale and lease of Willowick to McWhinney, LLC, the Staff Report states that "Due to changes in the Surplus Lands Act, the process for selecting a master developer was cancelled." This sentence is misleading and does not accurately portray the reality of what happened. The fact is that the City of Garden Grove was in violation of the California Surplus Land Act ("SLA") and was forced to stop the sale and lease of Willowick to McWhinney, LLC. In October, 2019, OCCORD on behalf of Rise Up Willowick, sued both the City of Santa Ana and the City of Garden Grove due to the potential illegal sale of Willowick through the 2019 RFP (Request for Proposals). The 2019 RFP process would have violated the SLA, a statute that requires the disposition of surplus land to be disposed through a public process and notices public entities to acquire public land in order to develop affordable housing, open space and other community uses. The City of Santa Ana was dismissed without prejudice from the 2019 lawsuit. In late 2019, the City of Garden Grove tried to illegally sell the land to McWhinney, LLC; however, Los Angeles County Superior Court Judge Mary Strobel ordered a Temporary Restraining Order in November 2019 and a Preliminary Injunction to stop the sale in December 2019. Due to the filing of the lawsuit, and Judge Strobel's orders the City of Garden Grove was forced to stop the Master Developer RFP issued earlier in 2019 as well as the sale to McWhinney, LLC. City of Garden Grove's Appraisal of the Willowick Property City Council 16 — 4 9/7/2021 1 of 2 i W ILLOWIC This section is problematic because the Fair Market Value of the property has not been established, which is a process of the good faith negotiation process. This section seems to validate the City of Garden Grove's appraisal of the Willowick Property as the actual valuation of the land and is misleading. The staff report fails to mention that the $90 million valuation of the property is based on Willowick being converted to a "Master Planned Community" that will be primarily market -rate housing with commercial and retail development, some affordable housing, and a negligible amount of open space. The appraisal assumes that the property will be rezoned. Current Santa Ana Open Space Deficit Given that Willowick property is currently zoned as open space the Coalition believes it is important that the Council Members receive information on the need for this land use in the City. Throughout the City's Environmental Justice (EJ) outreach for the General Plan, residents have consistently said they urgently need more open space. The City's summary of the EJ Survey Results states that "when asked to rank from a list of five actions that will improve their quality of life and create a healthy environment, 468 responses were received. The following lists the actions that were ranked by all respondents from first choice to last choice. First choice: Additional public parks, open space and community centers within walking distance from their home, school, or business."' Residents who attended the City's 10 EJ Community Forums also consistently named their need for Open Space as one of their top needs. The residents' requests for more open space are not surprising given that the City of Santa Ana dedicates only 4% of their land to open space.' The Santa Ana Municipal Code states that the City's parkland standard is 2 acres per 1,000 residents. This standard is lower than the one suggested by the California Quimby Act which recommends a park standard of 3 acres per 1,000 residents. Table 5.15-13 of the Santa Ana General Plan Update Recirculated Draft Program Environmental Impact Report states that based on the City's parkland standard, the City's current park deficit is 118.64 acres. For comparison, Willowick is approximately 102 acres. This deficit will only deepen with the increase in development anticipated by the General Plan Update. We hope that you found helpful the clarifications and additional information the Coalition has provided in this letter. We invite the Council to reach out to the Coalition to further discuss the community's vision for Willowick. Please contact Cynthia Guerra at (714) 805-7317 and at cauerra(a)riseupwillowick.org. Thank you, The Rise Up Willowick Coalition City of Santa Ana's Environmental Justice Outreach Executive Summary, p. 6, July 21, 2021. https://www.santa-ana.org/sites/default/files/pb/general-plan/documents/Formatted%20-%20EJ%2OCommunity%200utr each%20Report%207.20.21 %20final.pdf 2 ParkScore- City of Santa Ana, Trust for Public Land, 2020. City Council 16 — 5 9/7/2021 2of2 Orozco, Norma From: Cynthia Guerra <cguerra@riseupwillowick.org> Sent: Tuesday, August 17, 2021 4:18 PM To: eComment Subject: Item 13: Willowick Golf Course Update on Santa Ana City Council Meeting (8.17.2021) In My name is Cynthia Guerra. I am a resident of Santa Ana from District 4 and a member of the Rise Up Willowick Coalition. I am emailing in regards to Item 13: Willowick Golf Course Update. The City of Santa Ana ("the City") publicly stated numerous times that it is committed to meeting the community, specifically residents' needs, and working with community groups. Yet, the City failed to inform Rise Up Willowick ("RUW"), a known community group that organizes and advocates around Willowick that the the City would be presenting this update. Residents from Rise Up Willowick have talked to City staff and Council Members regarding the disposition of the Willowick property numerous times, including as recently as this summer. The lack of transparency with and engagement of residents is improved moving forward. The staff report that is being filed and received today is inaccurate. First off, there is absolutely no mention of the lawsuit filed in October, 2019 that forced the City of Garden Grove to comply with the Surplus Land Act. The City of Garden Grove's sale/lease of Willowick to McWhinney, LLC in December, 2019, was not merely "cancelled." It was deemed illegal because the City of Garden Grove was in violation of the Surplus land Act (" the SLA"). Both the City of Garden Grove and McWhinney, LLC were fully aware that this was an issue given that residents had raised this concern prior to the filing of the lawsuit. The fact that the City omitted the lawsuit in the staff report highlights another issue-- there is absolutely no mention of the fact that it was residents' efforts through Rise Up Willowick over the last two and a half years that has forced the City of Garden Grove to consider residents' voices through the SLA. It was RUW who pushed for the SLA lawsuit and who has monitored the City of Garden Grove's compliance with the SLA. Another issue with the staff report is that it validates the City of Garden Grove's $90 million appraisal of the Willowick property. The staff report fails to mention that the $90 million valuation of the property is based on Willowick being converted to a "Master Planned Community" that will be primarily market - rate housing with commercial and retail development, a little affordable housing, and a negligible amount of open space. The City of Garden Grove basing this appraisal on residential and commercial uses is incorrect because these uses are currently not allowed by the City of Santa Ana on this property. The Willowick property is currently zoned as open space. The appraisal assumes, without justification, that the property will be rezoned. It is an appraisal based on a fictitious scenario. The City of Santa Ana should have done its due diligence in pointing out the flaws in the City of Garden Grove's appraisal in the staff report. Furthermore, not only is Willowick zoned as open space, the community has firmly stated they need open space and not market -rate housing. This appraisal stands in complete contradiction to the resident's stated needs. The community has always stated their need for publicly accessible parkland and their rejection of market -rate housing given it is not affordable to residents. The staff report also fails to mention this. To make it clear, the ONLY project the community supports is that of the Trust i for Public IQ LII1_r Willy Wile that ineeL�_? LII%, youncil 1 — 9/7/2021 We urge the Council to ensure that all City updates, such as this one, are accurately recorded and that the Council prioritize and respect residents' needs and wishes for open space parkland on Willowick, and NOT market -rate and commercial development. Please confirm receipt of this email and let me know if you have any questions. Thank you, Cynthia Guerra City Council 16 — 7 9/7/2021 Orozco, Norma From: Sean Drexler <drexler.sean@gmail.com> Sent: Tuesday, August 17, 2021 3:53 PM To: eComment Subject: Item 13: Willowick Golf Course Update on Santa Ana City Council Meeting (8.17.2021) Hello, My name is Sean Drexler and I am a member of the Rise Up Willowick Coalition. I am emailing in regards to Item 13: Willowick Golf Course Update. First, I would like to state my disappointment that the City of Santa Ana ("the City") did not inform Rise Up Willowick that the City would be presenting this update. Residents from Rise Up Willowick have talked to City staff and Council Members regarding the disposition of the Willowick property numerous times, including as recently as this summer. The lack of transparency with and engagement of residents is frustrating and we hope it improves moving forward. Second, I would like to point out a few issues with the staff report submitted with the agenda item. To begin with, there is absolutely no mention of the lawsuit filed in October, 2019 that forced the City of Garden Grove to comply with the Surplus Land Act. The City of Garden Grove's sale/lease of Willowick to McWhinney, LLC in December, 2019, was not merely "cancelled." It was deemed illegal because the City of Garden Grove was in violation of the Surplus land Act (" the SLA"). Both the City of Garden Grove and McWhinney, LLC were fully aware that this was an issue given that residents had raised this concern prior to the filing of the lawsuit. The fact that the City omitted the lawsuit in the staff report highlights another issue-- there is absolutely no mention of the fact that it was residents' efforts through Rise Up Willowick over the last two and a half years that has forced the City of Garden Grove to consider residents' voices through the SLA. It was RUW who pushed for the SLA lawsuit and who has monitored the City of Garden Grove's compliance with the SLA. Another issue with the staff report is that it validates the City of Garden Grove's $90 million appraisal of the Willowick property. The staff report fails to mention that the $90 million valuation of the property is based on Willowick being converted to a "Master Planned Community" that will be primarily market -rate housing with commercial and retail development, a little affordable housing, and a negligible amount of open space. The City of Garden Grove basing this appraisal on these residential and commercial uses is incorrect because these uses are currently not allowed by the City of Santa Ana on this property. The Willowick property is currently zoned as open space. The appraisal assumes, without justification, that the property will be rezoned. It is an appraisal based on a fictitious scenario. The City of Santa Ana should have done its due diligence in pointing out the flaws in the City of Garden Grove's appraisal in the staff report. Furthermore, not only is Willowick zoned as open space, the community has firmly stated they need open space and not market -rate housing. This appraisal stands in complete contradiction to the resident's stated needs. The community has always stated their need for publicly accessible parkland and their rejection of market -rate housing given it is not affordable to residents. The staff report also fails to mention this. To make it clear, the ONLY project the community supports is that of the Trust for Public Land as it is the only one that meets the community's needs. Council members should keep everything stated in this email in mind as they listen to the City's "update" on Willowick. Thank you, Sean Drexler City Council 16 — 8 9/7/2021 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Permit Parking Program AGENDA TITLE Receive and File Permit Parking Program Evaluation RECOMMENDED ACTION Receive and file Permit Parking Program Evaluation. DISCUSSION First established in the early 1990s, the purpose of residential permit parking is to enhance the quality of life in residential neighborhoods by reducing parking congestion, noise, traffic hazards, and illegal activities. This is accomplished by limiting the number of street -parked vehicles on a residential block within a permit parking district. Every effort is made to achieve this purpose with minimum impact on adjacent commercial establishments, residences, and institutions. As the program was established in the 1990s, Public Works Agency staff will be conducting a comprehensive evaluation to update the guidelines and requirements to address changes in the California Vehicle Code, the lengthy process currently in place to approve requests, and the limited payment options. Staff will be taking a holistic approach and soliciting community input prior to finalizing the program updates. The following steps will be taken during the evaluation process: 1. Develop Request for Proposals for consultant services. 2. Retain a consultant to evaluate current program and rules. 3. Survey other municipalities. 4. Assemble a City Council Ad Hoc Committee (if desired). 5. Hold community outreach meetings for feedback on possible program improvements. 6. Develop options and alternatives for program improvements. 7. Hold a City Council Work Study session to receive input and direction from Council. 8. Conduct citywide community outreach. City Council 17 — 1 9/7/2021 Receive and File Permit Parking Program Evaluation September 7, 2021 Page 2 9. Revise the Municipal Code and develop a transition plan for approved changes (if appropriate). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 2 9/7/2021 Parks, Recreation, and Community Services www.santa-ana.org/parks fl Item # 18 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Award a Contract to Waterline Technologies, Inc. for Water Treatment Chemicals AGENDA TITLE: Award a Contract to Waterline Technologies Inc., in an Amount not to Exceed $825,000 for up to a Four-year Term for Water Treatment Chemicals (Specification 21-072) (General and Non -General Fund) RECOMMENDED ACTION Award a contract to Waterline Technologies Inc., for water treatment chemicals, in the amount of $225,000 for an initial term through August 31, 2022, with provisions for three one-year renewal periods, for annual amounts of $200,000 and a total contract amount of $225,000, exercisable by the City Manager and City Attorney, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency and Public Works Agency require chemicals such as hydrochloric acid and sodium hypochlorite to disinfect public swimming pools, water fountains, and sewer system throughout the City. Additionally, the Public Works Water Resources Division staff uses salt in a non - hazardous disinfection process at the well sites. This process ensures the City meets the California Department of Public Health public drinking water regulations and makes the water potable for human consumption. The contract is designed to provide quality products at significant savings based on quantity pricing. The need for chemicals has changed substantially since the prior contract was awarded. The Parks, Recreation and Community Services Agency (PRCSA) has increased pool service hours, which has increased the need for chemicals to maintain the pools. While pool hours were disrupted during the COVID-19 pandemic, the PRCSA is gradually returning to full operations and will therefore require additional chemicals again. Additionally, due to the recent spikes in water usage, the Public Works Agency will be increasing the amount of salt used in the sodium hypochlorite generation systems to meet the higher demand. Although the quantity of salt used by the Water Resources City Council 18 — 1 9/7/2021 Award a Contract to Waterline Technologies, Inc. for Water Treatment Chemicals September 7, 2021 Page 2 Division will increase, the usage of salt is essential in the Division and an integral part of ensuring safe and reliable drinking water for Santa Ana residents. The Notice Inviting Bids was advertised on June 23, 2021 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 404 Vendors were notified 9 Santa Ana vendors were notified 25 Vendors downloaded the bid packet 5 Bids received 1 Bids received from Santa Ana vendors Five bids were received and opened on July 8, 2021. After evaluation (Exhibit 1), four of the five bids received were determined to be responsive. The bid deemed non -responsive was not certified by the National Sanitation Foundation (NSF). NSF certification assures water treatment chemicals comply with all applicable drinking water regulations. Waterline Technologies Inc., a Santa Ana vendor, is NSF certified and their bid is responsive to the specifications and all other City requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts for the Fiscal Year 2021- 2022 of the initial term and will be budgeted in the following accounts for future fiscal years. This contract includes additional funds, in the amount of $25,000, to cover the cost of service provided while a formal bid process was completed, which involved the City to re -assess its chemical usage needs, as the need has dramatically increased from prior years. Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Account # Description Account Description 2021-22 06017640-63001 Water Fund Water Utility Production $110,000 & Supply, Miscellaneous Operating Expenses 2021-22 01113220-63001 General Fund PRCSA-Zoo, $8,333 Miscellaneous Operating Expenses 2021-22 01113250-63200 General Fund PRCSA-Park Facilities, $75,000 Operating Materials & Supplies Bldg./Grounds City Council 18 — 2 9/7/2021 Award a Contract to Waterline Technologies, Inc. for Water Treatment Chemicals September 7, 2021 Page 3 2022-23 06017640-63001 Water Fund Water Utility Production $130,000 & Supply, Miscellaneous Operating Expenses 2022-23 01113220-63001 General Fund PRCSA-Zoo, $10,000 Miscellaneous Operating Expenses 2022-23 01113250-63200 General Fund PRCSA-Park Facilities, $60,000 Operating Materials & Supplies Bldg./Grounds 2023-24 06017640-63001 Water Fund Water Utility Production $130,000 & Supply, Miscellaneous Operating Expenses 2023-24 01113220-63001 General Fund PRCSA-Zoo, $10,000 Miscellaneous Operating Expenses 2023-24 01113250-63200 General Fund PRCSA-Park Facilities, $60,000 Operating Materials & Supplies Bldg./Grounds 2024-25 06017640-63001 Water Fund Water Utility Production $130,000 & Supply, Miscellaneous Operating Expenses 2024-25 01113220-63001 General Fund PRCSA-Zoo, $10,000 Miscellaneous Operating Expenses 2024-25 01113250-63200 General Fund PRCSA-Park Facilities, $60,000 Operating Materials & Supplies Bldg./Grounds 2025-26 06017640-63001 Water Fund Water Utility Production $20,000 & Supply, Miscellaneous Operating Expenses 2025-26 01113220-63001 General Fund PRCSA-Zoo, $1,667 Miscellaneous Operating Expenses 2025-26 01113250-63200 General Fund PRCSA-Park Facilities, $10,000 Operating Materials & Supplies Bldg./Grounds EXHIBIT(S) 1. Bid Abstract City Council 18 — 3 9/7/2021 Award a Contract to Waterline Technologies, Inc. for Water Treatment Chemicals September 7, 2021 Page 4 Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services Nabil Saba, P.E., Executive Director, Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 4 9/7/2021 Exhibit 1 Item Description 1 Calcium Hypochlorite, Granular 2 Calcium Hypochlorite, 3" Tablets (Pulsar Only) 3 Filtered Sodium Hypochlorite 12.5% Bulk 4 Bulk Chlorine, Hypochlorite Solution 5 Chlorine, Calcium Hypochlorite Granular Shock 6 Black Algae Treatment 7 Hydrochloric Acid 31% (Muriatic Acid) 8 Bulk Hydrochloric Acid 31%, (Muriatic Acid) 9 Salt, Food Grade Cargill 10 Sodium Thiosulfate 11 Soda Ash 12 Sodium Bicarbonate 13 Subtotal 14 9.25% Sales Tax 15 Total Bid 16 1% Local Vendor Preference 17 Final Bid Amount as Determined by Basis of Award UOM CITY Bag Bottle Gal Gal Bucket Bottle Case Gal Sack Pail Bag 50 5 2000 20000 5 48 15 2000 5500 5 40 40 * A 1% Local Vendor Preference was applied to the bid from the Santa Ana vendor City Council Pollardwater Newport News, VA Unit Price Extended Price $13.66 $683.00 $209.21 $1,046.05 no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid $1,729.05 $159.94 $1,888.99 N/A $1,888.99 18-5 HASA, Inc. Saugus, CA Unit Price Extended Price no bid no bid no bid no bid $1.39 $2,780.00 $5.00 $100,000.00 no bid no bid no bid no bid $32.00 $480.00 $3.48 $6,960.00 no bid no bid $61.50 $307.50 $30.00 $1,200.00 no bid no bid $111,727.50 $10,334.79 $122,062.29 N/A $122,062.29 Waterline Technologies Inc.* Santa Ana, CA Unit Price Extended Price $18.22 $911.00 $16.80 $84.00 $1.24 $2,480.00 $1.24 $24,800.00 $124.00 $620.00 $27.55 $1,322.40 $17.25 $258.75 $3.49 $6,980.00 $13.24 $72,820.00 $52.10 $260.50 $17.78 $711.20 $22.09 $883.60 $112,131.45 $10,372.16 $122,503.61 $1,225.04 $121,278.57 Univar USA Inc. Kent, WA Unit Price Extended Price no bid no bid $204.30 $1,021.50 $3.97 $7,940.00 $3.97 $79,400.00 no bid no bid no bid no bid no bid no bid $2.96 $5,920.00 $21.43 $117,865.00 no bid no bid $18.29 $731.60 no bid no bid $212,878.10 $19,691.22 $232,569.32 N/A $232,569.32 9/7/2021 Public Works Agency https://www.santa-ana.org/pw Item # 19 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Orange County Transportation Authority M2 Comprehensive Transportation Grant Awards AGENDA TITLE Approve an Appropriation Adjustment Accepting Orange County Transportation Authority M2 Comprehensive Arterial Capacity Enhancement and Intersection Capacity Enhancement Grant Funds in the Amount of $15,747,645 and Approve an Amendment to the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 15-6827, 17- 6883, 18-6901) (Non -General Fund) RECOMMENDED ACTION Approve an appropriation adjustment recognizing $15,747,645 in Measure M2 Arterial Capacity Enhancement (ACE) and Intersection Capacity Enhancement (ICE) grant funds into the Measure M-Street Construction Fund, Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street Construction Fund, Improvements Other Than Building expenditure account. 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program (CIP) to add: $1,012,500 in Measure M2 Competitive ICE funding for the construction phase of the Bristol Street/Memory Lane Intersection Improvements project (17- 6883); $5,658,840 in Measure M2 Competitive ICE funding to the Fairview Bridge and Street Improvements from 9t" Street to 16t" Street project (15-6827) for the right- of-way and construction phases; and $9,076,305 in Measure M2 Competitive ACE funding for the construction phase of the Warner Avenue Improvements from Oak Street to Grand Avenue project (18-6901). DISCUSSION In 2017, the City of Santa Ana submitted Measure M2 ACE and ICE grant applications for funding consideration under the Measure M2 CTFP Project O Call for Projects. On June 29, 2021, the Orange County Transportation Authority OCTA Board of Directors approved the Comprehensive Transportation Funding Program's 2021 Call for Projects Programming Recommendations (Exhibit 1), which awards the City the following amounts: City Council 19 — 1 9/7/2021 Appropriation Adjustment for Measure M2 Grant Award September 7, 2021 Page 2 PROJECT PHASE FY GRANT AWARD Bristol Street/Memory Lane Intersection Improvements Construction 21/22 $1,012,500 Fairview Street Improvements from 9th Street to 16th Street Right-of-way 21/22 $1,937,250 Fairview Street Improvements from 9th Street to 16th Street Construction 22/23 $3,721,590 Warner Avenue Improvements from Oak Street to Grand Avenue Construction 21/22 $9,076,305 TOTAL GRANT FUNDING: $15,747,645 Staff recommends approval of an appropriation adjustment to recognize the grant awards and approval of an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include the projects in the CIP (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize $15,747,645 in Measure M2 Competitive ACE and ICE grant funds into the Measure M-Street Construction Fund, Measure M2 Competitive revenue account (No. 03217002-52332) and appropriate the same into the Measure M2 Competitive Street Construction Fund, Improvements Other Than Building expenditure account (No. 03217663-66220). EXHIBIT(S) 1. M2 CTFP Master Funding Agreement — Letter Agreement No. 18 2. CIP Sheets Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 9/7/2021 OCTA AFFILIATED AGENCIES Orange County Transit District Local Transportation Authority Service Authority for Freeway Emergencies Consolidated Transporation Service Agency Congestion Management Agency June 29, 2021 Mr. Nabil Saba City of Santa Ana — Department of Public Works 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Agreement No. C-1-2783, City of Santa Ana, "M2 CTFP Master Funding Agreement" — Letter Agreement No. 18 Dear Mr. Saba: This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2783, Attachment A-17 "Projects List." OCTA is deleting Attachment A-17, in its entirety, as identified in Article 4 "Responsibilities of Agency," paragraph A, and in lieu thereof is inserting the revised "Project List," attached hereto as Attachment A-18, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2783 apply. If you have any questions, please feel free to contact Alfonso Hernandez at (714) 560-5363. Please execute this Letter Agreement and return the signed original to the attention of: Luis Martinez, Associate Contract Administrator, Procurement Contracts Administration and Materials Management Department 600 South Main Street, 4t" Floor Orange, CA 92868 Phone: (714) 560-5767, Email: Imartinez(aD_octa.net Upon full execution of the Letter Agreement, the effective date will be July 1, 2021. Accepted and Agreed Kia Mortazavi Executive Director, Planning Orange County Transportation Authority Nabil Saba Director of Public Works City of Santa Ana Georgia Martinez Date Department Manager, Contracts and Procurement Orange County Transportation Authority City Council Orange County 7t�qspv3tion Authority 9/7/2021 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) AGREEMENT NO. C-1-2783 ATTACHMENT A-18 LETTER AGREEMENT NO. 18 M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List CUP SLPP Programmed Letter Project Description Amount Amount Fiscal Year Board Date Agreement No. Project O "Regional Capacity Program" Bristol Street Widening - 3rd Street to Civic Center Drive (Construction) $ 3,120,000 $ 3,120,000 2011-12 6/27/2011 1 Bristol Street Widening - Washington Avenue to 17th Street (Engineering) $ 120,000 $ - 2011-12 6/27/2011 1 Grand Avenue Widening - First Street to Fourth Street (Construction) $ 1,040,000 $ - 2012-13 6/27/2011 1 Bristol Street Widening - Washington Avenue to 17th Street (Right of Way) $ 11,152,575 $ - 2013-14 4/23/2012 3 Bristol Street Widening - Washington Avenue to 17th Street (Construction) $ 2,616,432 $ - 2014-15 4/23/2012 3 Grand Avenue Widening - 4th Street to 17th Street (Engineering) $ 450,000 $ - 2012-13 4/23/2012 3 Warner Avenue Widening (Engineering) $ 323,775 $ - 2013-14 4/8/2013 5 Bristol Street Widening - Civic Center Drive to Washington Avenue (Right of Way) $ 6,656,000 $ - 2015-16 4/14/2014 8 Bristol Street Widening - Warner Avenue to St. Andrew Place (Right of Way) $ 9,468,000 $ - 2014-15 4/14/2014 8 Bristol Street Widening - Civic Center Drive to Washington Avenue (Construction) $ 2,485,597 $ - 2016-17 4/27/2015 11 Bristol Street Widening - Warner Avenue to St. Andrew Place (Construction) $ 5,629,845 $ - 2016-17 4/27/2015 11 Fairview Street Widening (Engineering) $ 185,100 $ - 2015-16 4/27/2015 11 Warner Avenue Improvements and Widening (Main Street to Oak Street) (Right of Way) $ 5,200,000 $ - 2016-17 4/11/2016 12 Bristol Street and Memory Lane Intersection Widening (Engineering) $ 67,500 $ - 2016-17 4/11/2016 12 Warner Avenue and Flower Street Intersection Improvements (Engineering) $ 6,750 $ - 2016-17 4/11/2016 12 Warner Avenue Improvements from Oak St to Grand Ave $ 811,125 $ - 2017-18 4/10/2017 13 Warner Avenue Improvements from Main St to Orange Avenue $ 8,586,900 $ - 2017-18 4/10/2017 13 Bristol St. and Memory Ln. Intersection Improvements $ 1,167,244 $ - 2017-18 4/10/2017 13 City Council 19 — 4 9/7/2021 Page 1 of 6 AGREEMENT NO. C-1-2783 ATTACHMENT A-18 LETTER AGREEMENT NO. 18 M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List Warner Avenue and Flower Street Intersection Improvements $ 87,187 $ - 2017-18 4/10/2017 13 Warner Avenue Improvements - Standard Ave to Grand Ave $ 3,066,000 $ - 2018-19 6/11/2018 14 Warner Avenue Improvements - Main Street to Oak Street $ 4,629,750 $ - 2018-19 6/11/2018 14 Warner Avenue Improvements - Oak Street to Standard Avenue $ 7,494,000 $ - 2018-19 6/11/2018 14 Bristol Street Improvements Phase 3A - Civic Center Drive to Washington Ave $ 3,273,573 $ - 2020-21 5/11/2020 16 Bristol Street Improvements Phase 4 - Warner Ave to St. Andrew Place $ 7,501,206 $ - 2020-21 5/11/2020 16 Bristol Street to Memory Lane Intersection Improvement (Construction) $ 1,012,500 $ - 2021-2022 5/10/2021 18 Fairview Street Improvements (9th Street to 16th Street) (Right -of -Way and Construction) $ 5,658,840 $ - 2021-2022 2022-2023 5/11/2021 18 Warner Avenue Improvements (Oak Street to Grand Avenue) (Construction) $ 9,076,305 $ - 2021-2022 5/12/2021 18 Cumulative Program Total $ 104,006,204 Project X "Environmental Clean Up" Downtown Business/Civic Center Stormwater Trash Reduction Project $ 100,000 $ - 2011-12 8/8/2011 2 Wintersburg Channel Stormwater Trash Reduction Project $ 100,000 $ - 2011-12 8/8/2011 2 Maple Steet Storm CDS Project $ 100,000 $ - 2012-13 8/13/2012 4 Santa Ana Delhi Channel Diversion Project $ 2,572,875 $ - 2013-14 2/25/2013 5 Arterial Catch Basin Connector Pipe Screen Installation Project $ 200,000 $ - 2013-14 9/23/2013 7 Residential (South) Catch Basin Connector Pipe Screen Installation Project $ 200,000 $ - 2014-15 9/22/2014 10 Mabury Park Stormwater Capture Project $ 380,000 $ - 2018-19 9/10/2018 15 Cumulative Program Total $ 3,652,875 Project P "Regional Traffic Signal Synchronization Program" Main Street Corridor $ 1,350,506 $ - 2013-14 4/8/2013 5 City Council 19 — 5 9/7/2021 Page 2 of 6 AGREEMENT NO. C-1-2783 ATTACHMENT A-18 LETTER AGREEMENT NO. 18 M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List Harbor Boulevard $ 1,852,080 $ - 2014-15 4/14/2014 8 Cumulative Program Total $ 3,202,586 Project W "Safe Transit Stops" Bristol Street/1st Street $ 19,263 $ - 2014-15 7/14/2014 9 Bristol Street/McFadden Avenue $ 30,000 $ - 2014-15 7/14/2014 9 1st Street/Main Street $ 30,000 $ - 2014-15 7/14/2014 9 Main Street/1 st Street $ 20,000 $ - 2014-15 7/14/2014 9 McFadden Avenue/Harbor Boulevard $ 30,000 $ - 2014-15 7/14/2014 9 Westminster Avenue/Harbor Boulevard $ 20,000 $ - 2014-15 7/14/2014 9 McFadden Avenue/Bristol Street $ 20,000 $ - 2014-15 7/14/2014 9 Harbor Boulevard/McFadden Avenue $ 20,000 $ - 2014-15 7/14/2014 9 1st Street/Bristol Street $ 30,000 $ - 2014-15 7/14/2014 9 Harbor Boulevard/Westminster Avenue $ 30,000 $ - 2014-15 7/14/2014 9 17th Street/Grand Avenue $ 20,000 $ - 2014-15 7/14/2014 9 McFadden Avenue/Sycamore Street $ 30,000 $ - 2014-15 7/14/2014 9 Fairview Street/Westminster Avenue $ 30,000 $ - 2014-15 7/14/2014 9 Main Street/1st Street $ 30,000 $ - 2014-15 7/14/2014 9 Bristol Street/1st Street $ 30,000 $ - 2014-15 7/14/2014 9 Main Street/5th Street $ 30,000 $ - 2014-15 7/14/2014 9 Edinger Avenue/Main Street $ 20,000 $ - 2014-15 7/14/2014 9 1st Street/Grand Avenue $ 20,000 $ - 2014-15 7/14/2014 9 City Council 19 — 6 9/7/2021 Page 3 of 6 AGREEMENT NO. C-1-2783 ATTACHMENT A-18 LETTER AGREEMENT NO. 18 M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List McFadden Avenue/Standard Avenue $ 20,000 $ - 2014-15 7/14/2014 9 McFadden Avenue/Fairview Street $ 30,000 $ - 2014-15 7/14/2014 9 17th Street/Main Street $ 20,000 $ - 2014-15 7/14/2014 9 17th Street/Santa Ana College Boulevard $ 20,000 $ - 2014-15 7/14/2014 9 Westminster Avenue/Fairview Street $ 20,000 $ - 2014-15 7/14/2014 9 1st Street/Bristol Street $ 20,000 $ - 2014-15 7/14/2014 9 Bristol Street/Edinger Avenue $ 20,000 $ - 2014-15 7/14/2014 9 1 st Street/Fairview Street $ 20,000 $ - 2014-15 7/14/2014 9 Main Street/4th Street $ 18,256 $ - 2014-15 7/14/2014 9 Main Street/Warner Avenue $ 20,000 $ - 2014-15 7/14/2014 9 1st Street/Main Street $ 20,000 $ - 2014-15 7/14/2014 9 Bristol Street/17th Street $ 35,000 $ - 2020-21 9/10/2020 17 17th Street/Main Street $ 35,000 $ - 2020-21 9/10/2020 17 Bristol Street/Mc Fadden Avenue $ 35,000 $ - 2020-21 9/10/2020 17 1 st Street/Harbor Boulevard $ 35,000 $ - 2020-21 9/10/2020 17 Main Street/17th Street $ 35,000 $ - 2020-21 9/10/2020 17 17th Street/Bristol Street $ 35,000 $ - 2020-21 9/10/2020 17 Harbor Boulevard/1 st Street $ 35,000 $ - 2020-21 9/10/2020 17 McFadden Avenue/Bristol Street $ 35,000 $ - 2020-21 9/10/2020 17 Bristol Street/Sunflower Boulevard $ 35,000 $ - 2020-21 9/10/2020 17 City Council 19 — 7 9/7/2021 Page 4 of 6 AGREEMENT NO. C-1-2783 ATTACHMENT A-18 LETTER AGREEMENT NO. 18 M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List Harbor Boulevard/Westminster Avenue $ 20,000 $ - 2020-21 9/10/2020 17 Bristol Street/Warner Avenue $ 35,000 $ - 2020-21 9/10/2020 17 Bristol Street/17th Street $ 35,000 $ - 2020-21 9/10/2020 17 17th Street/Bristol Street $ 20,000 $ - 2020-21 9/10/2020 17 Harbor Boulevard/1st Street $ 35,000 $ - 2020-21 9/10/2020 17 Main Street/17th Street $ 20,000 $ - 2020-21 9/10/2020 17 Main Street/Main Place $ 35,000 $ - 2020-21 9/10/2020 17 Bristol Street/Edinger Avenue $ 35,000 $ - 2020-21 9/10/2020 17 1st Street/Harbor Boulevard $ 35,000 $ - 2020-21 9/10/2020 17 17th Street/Tustin Avenue $ 35,000 $ - 2020-21 9/10/2020 17 Main Street/Civic Center $ 20,000 $ - 2020-21 9/10/2020 17 1st Street/Downtown Plaza $ 20,000 $ - 2020-21 9/10/2020 17 McFadden Avenue/Jackson Street $ 20,000 $ - 2020-21 9/10/2020 17 Harbor Boulevard/McFadden Avenue $ 20,000 $ - 2020-21 9/10/2020 17 Fairview Avenue/1 st Street $ 35,000 $ - 2020-21 9/10/2020 17 1 st Street/Flower Street $ 35,000 $ - 2020-21 9/10/2020 17 Bristol Street/MacArthur Boulevard $ 20,000 $ - 2020-21 9/10/2020 17 Westerminster Avenue/Euclid Avenue $ 20,000 $ - 2020-21 9/10/2020 17 1 st Street/Ross Street $ 20,000 $ - 2020-21 9/10/2020 17 Main Street/15th Street $ 20,000 $ - 2020-21 9/10/2020 17 City Council 19 — 8 9/7/2021 Page 5 of 6 AGREEMENT NO. C-1-2783 ATTACHMENT A-18 LETTER AGREEMENT NO. 18 M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List Edinger Avenue/Fairview Avenue $ 35,000 $ - 2020-21 9/10/2020 17 Main Street/Civic Center Drive $ 20,000 $ - 2020-21 9/10/2020 17 Main Street/MacArtheur Boulevard $ 20,000 $ - 2020-21 9/10/2020 17 Harbor Boulevard/Warner Avenue $ 35,000 $ - 2020-21 9/10/2020 17 Main Street/Washington Street $ 35,000 $ - 2020-21 9/10/2020 17 Edinger Avenue/Bristol Street $ 35,000 $ - 2020-21 9/10/2020 17 Cumulative Program Total $ 1,717,519 Total (All Projects) $ 112,579,184 City Council 19 — 9 9/7/2021 Page 6 of 6 PROJECT TITLE: Bristol Street and Memory Lane Intersection Widening PROJECT CATEGORY: Street Improvements Street/Bridge Improvements & Widening LOCATION MAP I CITY OF SANTA ANA FY 21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The proposed improvements would involve the widening of Bristol Street just north of Memory Lane to accommodate an additional through southbound lane. Additionally, the proposed improvements would include the construction of sidewalk, curb and gutter, pavement, signal modification, and curb ramps. . EXHIBIT 2 PROJECT NEED: Bristol Street north of Memory Lane has three southbound lanes except at the intersection where only two southbound and one right turn lane exist. An additional southbound through lane is needed to complete the City's plan to widen Bristol Street from Warner Avenue to Memory Lane on the north, which was approved by City Council in 1990 and re- evaluated in 2001. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27128 Construction 1,012,500 - - - - - - TOTAL 1,012,500 - - - - - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24125 FY 25126 FY 26/27 FY 27/28 MM2:ICE 1,012,500 - - - - - - TOTAL 1,012,500 AGENCY: DIVISION: CONTACT: DATE: Public Works CIP Engineering Kenny Nguyen, Senior Civil Engineer 21-July-2021 11 &nbsp; City Council &nbsp;19 &ndash; &nbsp; 10 9/7/2021 &nbsp; PROJECT TITLE: Fairview Bridge and Street Improvements: 9th St to 16th St PROJECT CATEGORY: Street Improvements Street/Bridge Improvements & Widening LOCATION MAP CITY OF SANTA ANA FY 21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The proposed improvements would include the widening of Fairview Street with a cross section of 100' wide right-of-way and and will include 3lanes in each direction, raised median, Class II bike lane, and 8' wide sidewalk with tree wells. Additionally, the proposed improvements would entail widening of the Fairview Street Bridge, relocation of existing utilities, including several power poles, street lights, and partial acquisition of 2 parcels. PROJECT NEED: Fairview Street is currently a four -lane undivided arterial between 9th Street and 16th Street. This segment of Fairview Street currently carries 38,544 vehicles per day (VPD) and has a volume to capacity of (VIC) ratio of 1.03. At this VIC ration, this roadway segment operates at an unacceptable level of service. LOS F exists where the traffic stream is extremely difficult. With the proposed improvements, this roadway segment will improve to acceptable LOS B. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27128 Right -of -Way 1,937,250 - - - - - - Construction 3,721,590 TOTAL 1,937,250 3,721,590 - - - - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24125 FY 25126 FY 26/27 FY 27/28 MM2: ACE 1,937,250 3,721,590 - - - - - TOTAL 1,937,250 3,721,590 AGENCY: DIVISION: CONTACT: DATE: Public Works CIP Engineering Kenny Nguyen, Senior Civil Engineer 21-July-2021 13 &nbsp; City Council &nbsp;19 &ndash; &nbsp; 11 9/7/2021 &nbsp; PROJECT TITLE: Warner Avenue Improvements: Phase 2 - Oak to Grand PROJECT CATEGORY: Street Improvements Street/Bridge Improvements & Widening LOCATION MAP CITY OF SANTA ANA FY 21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will widen Warner Avenue between Oak Street and Grand Avenue from 2 to 3 lanes in each direction. The project will also include additional left turn lanes at Grand Avenue, bus pads, raised medians, and a protected bike lane. as FTraffic ECT NEED: H (Master Plan of Arterial Highways) Strategic Plan Technical entified the need for Warner Avenue to be widened to a six - or arterial to meet MPAH requirements. The existing Average ffic (ADT) is in excess of 29,600 vehicles per day. The improvements will allow the segment to accommodate future lumes at a Level of Service A and increase operational . PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27128 Construction 9,076,305 - - - - - - TOTAL 9,076,305 - - - - - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24125 FY 25126 FY 26/27 FY 27/28 MM2: ACE 9,076,305 - - - - - - TOTAL 9,076,305 AGENCY: DIVISION: CONTACT: DATE: Public Works CIP Engineering Kenny Nguyen, Senior Civil Engineer 21-July-2021 14 &nbsp; City Council &nbsp;19 &ndash; &nbsp; 12 9/7/2021 &nbsp; Community Development Agency santa-ana.org/cd Item # 20 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Appropriation Adjustment to Recognize Homeless Housing, Assistance and Prevention Program Funds AGENDA TITLE: Approve Appropriation Adjustment to Recognize Homeless Housing, Assistance and Prevention Program Funds (Non -General Fund) RECOMMENDED ACTION Approve an appropriation adjustment recognizing $3,981,386 in funds from the State of California, Business, Consumer Services and Housing Agency in revenue account (no. 12218002-52025) and appropriate the same amount to expenditure account (nos. 12218716-various) to address homelessness in the City of Santa Ana. DISCUSSION The Homeless Housing, Assistance and Prevention Program (HHAP) was signed into law on July 31, 2019 by Governor Newsom. HHAP Round 1 was a $650 million grant that provided local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. The City of Santa Ana was awarded $8,422,162.84. The lion share of these funds have been used for the tenant improvements of the Carnegie Homeless Navigation Center. HHAP Round 2 is a $300 million grant that supports previous funding to respond to homelessness. The City of Santa Ana has been awarded $3,981,386. This second round of funding will be used for a portion of the tenant improvements and the operations at the Homeless Navigation Center, street outreach services and, as required by the grant, a program specifically for homeless youth. In addition, seven percent of the grant is allowed for the administration of the grant. FISCAL IMPACT Approval of the appropriation adjustment will recognize $3,981,386 in funds from the State of California, Business, Consumer Services and Housing Agency in revenue account (no. 12218002-52025) and appropriate the same amount to expenditure account (nos. 12218716-various) for projected expenditures as follows: City Council 20-1 9/7/2021 Appropriation Adjustment to Recognize Homeless Housing, Assistance and Prevention Program Funds September 7, 2021 Page 2 Fiscal Accounting Fund Description Accounting Unit, Amount Year Unit -Account Account Description FY 21-22 12218716- Homeless Housing HHAP 2, Various $1,900,000 various Assistance and Prevention 2 FY 22-23 12218716- Homeless Housing HHAP 2, Various $1,176,943 various Assistance and Prevention 2 FY 23-24 12218716- Homeless Housing HHAP 2, Various $ 904,443 various Assistance and Prevention 2 Total $3,981,386 The amounts shown in each fiscal year are estimates and may vary depending upon when associated programs are implemented. All funds are to be used by June 30, 2026. EXHIBIT(S) 1. HHAP Standard Agreement Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 20 — 2 9/7/2021 SCO ID: EXHIBIT 1 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES , STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev.04/2020) 1 21 -HHAP-0001 2 010725 1. This Agreement is entered Into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency CONTRACTOR NAME City of Santa Ana 2. The tenn of this Agreement Is: START DATE Upon 3CSH approval THROUGH END DATE 06/30/2026 3. The maximum amount of this Agreement is: $ 3,981,386.00 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference ma e a part of t e Agreement. Exhibits Title Pages Exh€bit A Scope of Work 7 Exhibit B Budget Detail and Payment Provisions 4 Exhibit C Homeless Coordinating and Financing Council Terms and Conditions g Exhibit D Special Terms and Conditions 2 Exhibit E General Terms and Conditions 1 RCr I N1 rV Wrr WRN L„rualGOA I /, Via,rcrcvy rrrbvrr. vrumu vy r Crtlr CN LCunu, I KKlC Furl V,lrrr] uyrCer r lC, I u.1 rl Litt v41'1C0 r IC( CIV, These documents Can be viewed athttps:[lwwwv dg£&Q�ggyZO SAesources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CITY STATE JZIP 20 Civic Center Plaza Santa Ana ICA 92701 PRINTED NAME OF PERSON SIGNING TITLE Steven A. Mendoza Assistant City Manager CONTRACTOR AUTHORIZED SIGNATURE PATE SIGNED City Council 20-3 9/7/2021 Paqe 1 of 2 SCO ii®: EXHIBIT 1 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER S i O 213 (Rev.04/2020117- - 21 -HHAP-00012 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency PURCHASING AUTHORITY NUMBER (If Applicable) 010725 CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capltnl Mail, Suite 350-A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramfrez Secretary CONTRACTING AGENCY AUTHORIZED SIG ATURE DATE SIGNEDd. Jul 9, 2021 Lour( esCasiro Ramirez (Ad9, 202111:59 PDT) CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) i City Council 20-4 9/7/2021 Paqe 2 of 2 EXHIBIT 1 City of Santa Ana 21-H HAP-00012 Page 1 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 2 ("HHAP-2" or "Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2020, c. 15 (A.B. 83), § 7, eff. June 29, 2020.) The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties as defined in the November 13, 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of the Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee's application, and the requirements of the authority cited above. 2) Purpose The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness. This funding shall: a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maxiMtAM impact. Grantees of this City Council 20 — 5 EXHIBIT 1 City of Santa Ana 21 -IIHAP-0001 2 Page 2 of 23 funding are encouraged to reference the Guide to Stratec icy Uses of Key State and Federal Funds to Reduce Homelessness During the COVID-19 Pandemic. c) Be deployed with the goal of reducing the number of homeless individuals in a given region through investing in long-term solutions, such as permanent housing, and that the state be an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. In accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as stated in Health and Safety Code section 5C220.5, subdivision (d)(1) — (8). 3) Definitions The following HHAP-2 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) -- (q): (a) "Agency" means the Business, Consumer Services, and Housing Agency. (b) "Applicant" means a Continuum of Care, city, or county. (c) "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. (d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) "Council' means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801, City Council 20 — 6 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 3 of 23 (h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (i) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. (j) "Homeless point -in -time count" means the 2019 homeless point -in -time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point -in -time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point -in -time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point -in -time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding. (k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Hemeiess youth" includes unaccompanied youth who are pregnant or parenting. (l) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. (m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of Care, as defined in this section. (n) "Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (a) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. City Council 20 — 7 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 4 of 23 (1) "Round 1" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. (2) `Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. (q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP-2 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-2 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP-2 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to expend the funds by the same statutory deadlines. 4) Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50220.5, subdivision (d)--(f), and any other applicable laws. The grantee shall expend funds on evidence -based solutions that address and prevent homelessness among eligible populations including any of the following: a) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees. b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. c) Street outreach to assist persons experiencing homelessness to access permanent housing and services. City Council re EXHIBIT 1 City of Santa Ana 21 -HHAP-0001 2 Page 5 of 23 d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. g) Prevention and shelter diversion to permanent housing, including rental subsidies. h) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: (i) The number of available shelter beds In the city, county, or region served by a Continuum of Care. (ii) The number of people experiencing unsheltered homelessness in the homeless point -in -time count. (III) Shelter vacancy rate In the summer and winter months. (lv) Percentage of exits from emergency shelters to permanent housing solutions. (v) A plan to connect residents to permanent housing. 5) Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the HHAP Grant Manager or the Grant Manager's designee. The Representatives during the term of this Agreement will be: City Council 20 — 9 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 6 of 23 PROGRAM GRANTEE ENTITY: Business Consumer Services and City of Santa Ana Housing Agency SECTION/UNIT: Homeless Coordinating and Financing Council (HCFC) ADDRESS: 915 Capitol Mali Suite 360-A 20 Civic Center Plaza Sacramento, CA, 96814 Santa Ana, CA 92701 CONTRACT MANAGER Victor Duron Steven Mendoza PHONE NUMBER: (916) 510-9442 i (714) 647-5246 EMAIL ADDRESS: Victor.Duron@bcsh.ca.gov smendoza@santa-ana.org All requests to update the Grantee information listed within this Agreement shall be emalled to the Homeless Coordinating and Financing Council's general email box at hhap 0bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6) Effective Date, Term of Agreement, and Deadlines a) This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. b) Contractual Obligation: i) Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. ii) Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. iii) Counties that contractually obligate less than 100 percent of program allocations after May 31, 2023 will have their unallocated funds reverted to the CoC that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority —�5� City Council 20 — 10 FFfRFe EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 7 of 23 Cities or Continuums of Care that, after May 31, 2023, have contractually obligated less than 50 percent of program allocations must submit and have approved by the Council an alternative disbursement plan as required under (Health & Safety Code, § 50220.5, subdivision (k)(2)). c) Full Expenditure of HHAP-2 Grant Funds i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026. Any funds not expended by that date shall revert to the General Fund (Health & Safety Code, § 50220.5, subdivision (o)). 7) Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. City Council 20 — 11 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 8 of 23 Homeless Rousing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement f9 BUDGET DETAIL and DISBURSEMENT PROVISIONS 1) Budget Detail & Changes The Grantee agrees that HHAP-2 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best -practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP-2 funds on eligible activities as detailed in the expenditure plan and funding plan submitted with the Grantee's approved application. The Grantee shall submit an updated funding plan with the annual report that revises and reports all actual and projected expenditures of HHAP-2 funds. a) Budget Changes i) Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the expenditure plan approved with the Grantee's application. ii) Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP-2 Grant Manager or his/her designee, in writing, before the Grantee may expend HHAP-2 funds according to an alternative expenditure plan. The HHAP-2 Grant Manager will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed within Exhibit C of this agreement. 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-2 funds being released: Request for Funds Form (" RFF") STD 213 Standard Agreement - Two original copies of the signed STD 213 form and initialed Exhibits A through D City Council 20 — 12 9/7/2021 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 9of23 ® STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursernent of Funds HHAP-2 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. HHAP-2 funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 4) Expenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218.5 and 50220.5 mandate the following; a) Up to 5 percent of an applicant's HHAP-2 program allocation may be expended for the following uses that are intended to meet federal requirements for housing funding: i) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the Code of Federal Regulations. ii) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation for administrative costs incurred by the city, county, or Continuum of Care to administer its program allocation. For purposes of this subdivision, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. c) A program recipient shall use at least 8 percent of the funds allocated under this section for services for homeless youth populations. d) Recipients of HHAP-2 funds shall comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and institutions Code. e) Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP-2 funds by May 31, 2021 If less than 50 percent is e City Council 20 — 13 9/7/2021 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 10 of 23 obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: i) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to HCFC that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023. ii) HCFC approves the alternative disbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. ill) If the funds identified In the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to the HCFC for a subsequent round of awards by FICf C. f) Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the Continuum of Care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP-2 funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating theirfull program allocation by May 31, 2023 are required to notify HCFC, on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2023, the county shall provide HCFC with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. g) HHAP-2 funds shall be expended by June 30, 2026 h) in accordance with Health and Safety Code section 50220.5, subdivision (1), HCFC retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. i) Any funds not expended by June 30, 2026 shall revert to the General Fund. 5) Ineligible Casts HHAP-2 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.5. e City Council 20 — 14 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 11 of 23 HCFC reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-2 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which Is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. HCFC, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-2 fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing., assistance, or prevention. Reimbursements are not permitted in Hi-IAP-2 for any expenditures prior to the date of execution of this Agreement. EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 12 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement GENERAL TERMS AND CONDITIONS 1) Termination and Sufficiency of Funds a) Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days` notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. b) Sufficiency of Funds This Agreement is valid and enforceable only if sufficientfunds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2) Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/SubGrantee) or with the prior written approval of HCFC and a formal amendment to this Agreement to affect such subcontract or novation. 3) Grantee's Application for Funds Grantee has submitted to HCFC an application for HHAP-2 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Agency is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Change Request Process and are subject to approval by HCFC. City Council 20 — 16 9/7/2021 EXHIBIT 1 City of Santa Ana 21-H HAP-00012 Page 13 of 23 Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect HCFC approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) Reporting/Audits a) Annual Reports By January 1, 2022, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to HCFC In a format provided by HCFC. Annual Reports will include a request for data on expenditures and people served with HHAP-2 funding in addition to details on specific projects selected for the use of HHAP-2 funding. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than January 1, 2027, the Grantee shall submit afinal report, in a format provided by HCFC, as well as a detailed explanation of all uses of the Program funds. b) Expenditure Reports In addition to the annual reports, HCFC requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to HCFC on a form and method provided by HCFC that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out ry eligible uses listed, including the current status of those funds, as well as any additional information HCFC deems appropriate or necessary. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. c) Reporting Requirements i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50222, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by HCFC: (1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes. City Council 20 — 17 / e EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 14 of 23 (2) The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following; (a) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding. (b) Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders. (c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature. (3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes. ii) Expenditure Report: The expenditure report shall contain data on expenditures of HFIAP-2 funding including but not limited to obligated funds, expended funds, interest accrued, and other funds derived from HHAP-2 funding. iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-2 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by HCFC. iv) HCFC may require additional supplemental reporting with written notice to the Grantee. v) Grantee may, at their discretion, fully expend their HHAP-2 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended. d) Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-2 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions: i) The audit shall be performed by an independent certified public accountant. City Council 20 — 18 EXHIBIT 1 City of Santa Ana 21-HFIAP-00012 Page 15 of 23 li) The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits. Iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 5) Inspection and Retention of Records a) Record Inspection HCFC or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide HCFC, or its designee, with any relevant information requested. The Grantee agrees to give HCFC or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-2 program guidance document published on the website, and this Agreement. In accordance with Health and Safety Code section 50220.5, subdivision (1), if upon inspection of records HCFC identifies noncompliance with grant requirements HCFC retains the right to impose a corrective action plan on the Grantee. b) Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6) Breach and Remedies a) Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: City Council 20 — 19 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 16 of 23 i) Grantee's failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP-2 funds provided under this Agreement for any ineligible activities. iii) Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-2 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-2 funds disbursed under this Agreement; iv) Require repayment of HHAP-2 funds disbursed and expended under this Agreement; v) Require the immediate return to Agency of all funds derived from the use of HHAP-2 funds vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-2 requirements, c) All remedies available to Agency are cumulative and not exclusive. d) Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days, 7) Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions, 8) Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age City Council 20 — 20 9/7/2021 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 17 of 23 (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, " For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same City Council 20 — 21 IV EXHIBIT 1 City of Santa Ana 21-H HAP-000'12 Page 18 of 23 general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the a Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10)Druo-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). a) Establish a Drug -Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: i) The dangers of drug abuse in the workplace; if) Grantee's policy of maintaining a drug -free workplace; if!) Any available counseling, rehabilitation, and employee assistance program; and iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. - b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: 1) Will receive a copy of Grantee's drug -free policy statement, and City Council 20 — 22 EXHIBIT 1 City of Santa Ana 21-1"IHAP-00012 Page 19 of 23 il) Will agree to abide by terms of Grantee's condition of employment or subcontract. 11)Child Support Compliance Act_ For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a) The Grantee recognizes the Importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12)Special Conditions — Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D, These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-2 funds. Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to: i) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii) Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it. iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. lv) Agree to include all the terms of this Agreement in each subcontract. 13)Compliance with State and Federal Laws, Rules, Guidelines and Regulations City Council 20 — 23 9/7/2021 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 20 of 23 The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair mousing, and all other matters applicable and/or related to the HHAP-2 program, the Grantee, its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any anal all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities, Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances, Grantee shall provide copies of permits and approvals to FICFC upon request. 14)lnspections ad) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b) HC-C reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15)Litination a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall notify HCFC immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. �-Z�� City Council 20 — 24 9/7/2021 EXHIBIT 1 City of Santa Ana 21-HHAP-00012 Page 21 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement L= Y4 SPECIAL TERMS AND CONDITIONS 1) All proceeds from any interest -bearing account established by the Grantee for the deposit of HHAP-2 funds, along with any interest -bearing accounts opened by subreciplents to the Grantee for the deposit of HHAP-2 funds, must be used for HHAP-2-eligible activities and reported on as required by Agency. 2) Per Health and Safety Code Section 50220.5 (g), any housing -related activities funded with HHAP-2 funds, including but not limited to emergency shelter, rapid - rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8265, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-2 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re -housing, and longer -term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-2-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-2 funding (e.g., by creating appropriate HHAP-2-specific funding sources and project codes in HMIS). 4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council may, as required by operational City Council 20 — 25 9/7/2021 EXHIBIT 1 City of Santa Ana 21-H HAP-00012 Page 22 of 23 necessity, amend or modify required data elements, disclosure formats, or disclosure frequency, 5) Grantee shall include in their annual report and upon request from HCFC an update on progress towards meeting goals provided within Section 4: HHAP Round 2 Goals of the HHAP-2 application. Grantees will report on these goals in a manner and format provided to Grantee by HCFC. 6) Grantee agrees to accept technical assistance as directed by HCFC or by a contracted technical assistance provider acting on behalf of HCFC and report to HCFC on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals. 7) Grantee agrees to demonstrate a commitment to racial equity and, per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCFC, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19 8) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience, e City Council 20 — 26 OV2021 EXHIBIT 1 City of Santa Ana 21-1-iFIAP-00012 Page 23 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link: httpsJ/www&Ls.c�.gov/-/media/Divisions/OL9/Resources/GTC-AApril-2017- INALa rip 1 017,pdf?Ia en&hash=3A64979F777D5B9D35309433EE81969F©69052D2 In the Interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 0412017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments, City Council 20 — 27 9/7/2021 Community Development Agency santa-ana.org/cd Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 17, 2021 TOPIC: Amendment to Operating Agreement with Illumination Foundation AGENDA TITLE: Approve an Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Months (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Illumination Foundation to continue to operate a temporary shelter at the Fullerton Recuperative Care Center for an additional four months through January 31, 2022 for an additional amount of $600,000, for a total aggregate amount not to exceed $2,100,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 6 2021, the City Council approved an agreement with Illumination Foundation to operate a temporary shelter for $230,000 per month for 75 guests and a per diem rate of $55 per guest in excess of 75, in an amount not to exceed $1,500,000 from May 1, 2021 through September 30, 2021. The temporary shelter is being operated from the closure of the Link Shelter to the opening of the Carnegie Homeless Navigation Center. It is anticipated that the Carnegie shelter construction may go beyond September 30 and it is therefore necessary for the temporary Fullerton site to continue to be used until the Carnegie shelter is finished. Utilizing this same site will provide the continuity of care for shelter guests without any interruption of service. The temporary shelter located at the Fullerton Recuperative Care Center has had a daily census count less than 75 since opening, thereby reducing the monthly cost to the City. It is estimated that an amount not to exceed $600,000 will be sufficient for costs at the Fullerton site, should it be needed through January, 2022. Operations at the Recuperative Care Center will continue status quo until the time that guests are transitioned to the permanent Carnegie Homeless Navigation Center, which is expected to open in November 2021. FISCAL IMPACT Funds in the amount of $600,000 are available in the Emergency Solutions Grant -CV grant, Payment to Subagent account (no.13518789-69135) for expenditure in the current fiscal year. City Council 21 — 1 9/7/2021 Amendment to Operating Agreement with Illumination Foundation August 17, 2021 Page 2 EXHIBIT(S) 1. Amendment to agreement with Illumination Foundation to operate the Fullerton Recuperative Care Center as the Link temporary shelter Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 21 — 2 9/7/2021 EXHIBIT 1 FIRST AMENDMENT TO OPERATING AGREEMENT WITH THE ILLUMINATION FOUNDATION FOR USE OF THE FULLERTON RECUPERATIVE CARE CENTER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on August 2021, by and between The Illumination Foundation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-046, dated April 6, 2021, by which Contractor agreed to administer and operate a portion of the Fullerton Recuperative Care Center to temporarily house clients referred by the City and Street Outreach teams ("Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend Section 2 — Effectiveness and Term of Agreement, to extend the Term of said Agreement, and Section 3 — Compensation, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the end date of the Term of said Agreement from September 30, 2021, through the date upon which the City decides in its sole discretion to complete the transfer of City guests at the Fullerton Shelter to the new Carnegie Navigation Center, which shall be no later than January 31, 2022, unless terminated earlier in accordance with Section 15. City shall provide Contractor with fourteen (14) day written notice of the final date of transfer of City guests to the new Carnegie Navigation Center, which date shall serve as the end of the Term of this Agreement. If necessary, the Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 2. Section 3(b), Compensation, shall be amended to increase the maximum amount of compensation by six hundred thousand dollars ($600,000.00), such that the total sum to be expended under said Agreement shall not exceed two million one hundred thousand dollars ($2,100,000.00) during the Term of said Agreement. This total not to exceed amount of compensation is not guaranteed to Contractor. Rather, Contractor will only be paid for sufficient services provided during the Term of said Agreement. Once said Agreement is terminated, or the Term is ended as detailed in section 2(b) above, the City shall not be responsible for any further payments to Contractor other than payment for services provided by Contractor during the Term of the Agreement. 3. Except as modified by this First Amendment, all terms and conditions of said Agreement shall remain in full force and effect. City Council age I ° 1 — 3 9/7/2021 EXHIBIT 1 3IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO CitJYA By: O. ODGE nt City Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager THE ILLUMINATION FOUNDATION Name: Title: City Council age ° 1 — 4 9/7/2021 Community Development Agency santa-ana.org/cd Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Approve an Operational Agreement with Illumination Foundation AGENDA TITLE: Approve a Three -Year Operational Agreement with Two, Two -Year Renewal Options with Illumination Foundation to Operate a 200-Bed Year Round Homeless Navigation Center at 1815 Carnegie Avenue in Santa Ana in an Amount Not to Exceed $10,893,885 for Three Years, and Start -Up Costs Not to Exceed $75,000, for a Total Amount Not to Exceed $10,968,885 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a three-year operator agreement, with two, two-year renewal options with Illumination Foundation to operate a 200- bed year- round Homeless Navigation Center at 1815 Carnegie Avenue in Santa Ana for $3,577,366 in operational costs per year with an annual CPI adjustment of 1.5 percent and a not -to -exceed amount of $75,000 in one-time start-up costs, for a total not -to -exceed amount of $10,968,885 over three years, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute any/all future funding agreements required by state or federal agencies for the use of HHAP, PLHA, ESG-CV, ESG and any/all other funds available. DISCUSSION In October of 2019, the City Council authorized the City Manager to execute a settlement agreement with the Orange County Catholic Worker to resolve claims pertaining to homelessness in United States District Court Case No. SACV 18-0155-DOC (JDE). This action by the City Council followed the federal lawsuit that was filed by the Orange County Catholic Worker to halt efforts by the County of Orange to remove homeless encampments along the Santa Ana Riverbed and prevent neighboring cities from citing or arresting those individuals who violated local ordinances prohibiting camping in public areas. The settlement agreement acknowledged that the City currently operated the Link shelter and intended to establish a new shelter with 200-250 beds to replace the Link shelter. To comply with the settlement agreement, the Santa Ana Community Development Agency ("CDA") released a Request for Proposals (RFP) for the development, City Council 22 — 1 9/7/2021 Agreement with Illumination Foundation for Operation of Homeless Navigation Center September 7, 2021 Page 2 construction, and operation of a year-round Homeless Navigation Center. In June 2020, the City Council approved an agreement with Illumination Foundation to operate, develop, and construct a year-round Homeless Navigation Center and recuperative care facility at 1815 Carnegie Avenue. In March 2021, the City Council terminated that agreement when the original cost estimate for building improvements escalated. In the process of terminating the agreement, staff split the project into two components; one component to address the building improvements and one component to operate the shelter. The City Council approved a lease and commencement of building improvements with the property owner and the release of a future RFP for the operation of the Homeless Navigation Center. The new RFP eliminated the recuperative care module at the shelter. The City received applications from three organizations for the operation of the Homeless Navigation Center: Volunteers of America, Illumination Foundation, and Mercy House Living Centers, Inc. The deliberation, selection and review process included the assembly of a review panel composed of the Homeless Services Manager, the Housing Division Manager, the Housing Programs Analyst, and the Chief Program Officer of City Net. Each written proposal was reviewed and each organization was invited to present their proposal via video (due to the COVID-19 pandemic). After the interviews, the organizations were scored. Illumination Foundation scored the highest, followed by Mercy House Living Centers, Inc. and Volunteers of America. The top two organizations were invited to a second interview to discuss budgets and operations more thoroughly and included both the Assistant City Manager and Santa Ana Police Department Quality of Life Team officers into the final interview. Following the second in -person meeting, Mercy House Living Centers, Inc. withdrew their application for the operator of the shelter. It is the recommendation of the review panel that Illumination Foundation be awarded the operator of the Homeless Navigation Center. In October, 2020, Illumination Foundation became the operator of the Link Shelter. Their professionalism and approach to shelter operations was immediately recognized by City staff and Link clients. Illumination Foundation operated the Link shelter for six months before transferring all clients to the temporary navigation center at the recuperative care facility in the city of Fullerton. Additionally, Illumination Foundation staff understood the magnitude of the outreach and referral process and worked with outreach teams to refine each step. Currently, the cohesive referral process between Illumination Foundation and City -approved outreach team —City Net, Orange County Health Care Agency, and the Santa Ana Police Department —ensures that all policies and control steps are followed. This synergy of shared expectations, teamwork, and actions enable referrals, in -takes, and shelter operations to run smoothly and with better outcomes for clients. Illumination Foundation currently operates three family emergency shelters across Orange County, an emergency shelter and navigation center in the City of Anaheim, and several other shelters throughout Southern California. This past year, Illumination Foundation was on the front lines in providing shelter and medical recuperative care to mitigate the spread of COVID-19 through the countywide program, Project Roomkey. As evidenced by the operation of this program, Illumination Foundation is not only committed City Council 22 — 2 9/7/2021 Agreement with Illumination Foundation for Operation of Homeless Navigation Center September 7, 2021 Page 3 to increasing the housing stability of the most vulnerable individuals, but also to address the mental and physical health of the clients they serve. If selected as the operator of the Homeless Navigation Center, they will be able to incorporate best practices learned in each of these settings into the new Homeless Navigation Center. Existing case managers at the Fullerton Recuperative Care Center will transfer, along with the Santa Ana clients, to the new shelter, maintaining those established relationships that are key to assisting people move from shelter to housing options. The recuperative care facility will remain available to the City until the Homeless Navigation Center is completed. An extension to the Fullerton Recuperative Care Center agreement is agendized for City Council approval on September 7, 2021, in the case that additional time be needed to complete the Homeless Navigation Center. The Homeless Navigation Center will provide 200 beds, scalable up to 310 beds for Santa Ana individuals, couples, and families with children. The budget associated with this action is for 200 beds. Future consideration to grow will be by a separate action at a later date. Adhering to the principles of Housing First, clients will be admitted with low -barrier requirements through approved referral agencies. All clients will be transported in and out of the shelter, as no walk-in traffic is allowed. During their stay, clients will be offered a robust package of supportive services to transition to permanent housing and to cope with underlying issues causing them to cycle through the system. Illumination Foundation will partner with Clarke Lew Medical Corporation to provide medical and mental healthcare services, exclusive of substance use counseling for clients on -site at the shelter. In advance of the shelter opening, Illumination Foundation will host community meetings and tours for the local business community. They will continue to engage with these businesses as required by the Good Neighbor Policy throughout the operation of the shelter. This outreach will be consistent with the City's Sunshine Ordinance. The $75,000 start-up costs include, but are not limited to, the following: miscellaneous kitchen items, padlocks, bedding, trash containers, laundry bags, hot box for bug treatment, and other furnishings and equipment. The City currently holds a lease for the property at the rate of $63,516 per month. The City is responsible for paying the utilities, insurance, property tax, maintenance, and improvements to the building. FISCAL IMPACT The estimated amounts shown below are available for the operation and the start-up costs for the shelter: City Council 22 — 3 9/7/2021 Agreement with Illumination Foundation for Operation of Homeless Navigation Center September 7, 2021 Page 4 Accounting Accounting Unit, Fiscal Year Unit -Account Fund Description Account Amount Description FY 21-22 12218716-69135 Emergency and HHAP-2, Payment to $ 1,059,911 (Nov. -June) Health Grants Subagent FY 21-22 Emergency ESG-CV, (Nov. -June) 13518789-69135 Solutions Grant- Payment to $1,400,000 CV Subagent Total $2,459,911 Accounting Accounting Unit, Fiscal Year Unit -Account Fund Description Account Amount Description Permanent Local PLHA, Payment FY 22-23 15818700-69135 Housing to Subagent $2, 236,196 Allocation Emergency and HHAP-2, FY 22-23 12218716-69135 Health Grants Payment to $ 776,944 Subagent Emergency ESG-CV, FY 22-23 13518789-69135 Solutions Grant- Payment to $600,000 CV Subagent Total $3,613,140 Accounting Accounting Unit, Fiscal Year Unit -Account Fund Description Account Amount Description Permanent Local PLHA, Payment FY 23-24 15818700-69135 Housing to Subagent $3,288,490 Allocation Emergency and HHAP-2, FY 23-24 12218716-69135 Health Grants Payment to $ 378,847 Subagent Total $3,667,337 Accounting Accounting Unit, Fiscal Year Unit -Account Fund Description Account Amount Description FY 24-25 Permanent Local PLHA, Payment (July -Oct.) 15818700-69135 Housing to Subagent $ 1,228,497 Allocation Total $1,228,497 City Council 22 — 4 9/7/2021 Agreement with Illumination Foundation for Operation of Homeless Navigation Center September 7, 2021 Page 5 Funds may vary slightly considering the opening date of the Homeless Navigation Center and the closing of both temporary shelters. Leftover ESG-CV funds will be transferred for use at the Homeless Navigation Center before funds expire. Homeless Housing, Assistance and Prevention-2 (HHAP-2) grant funds anticipated to be used, are being recognized at the September 7, 2021 City Council meeting. As additional sources of federal and state funding for homeless service programs become available, funds may be substituted with what is identified in the table above. In addition, PLHA funds are based on real estate transactions recorded in each county and revenues will fluctuate from year to year. If PLHA are insufficient in future years, or have not been received in time, other resources such as Inclusionary, General Fund, Emergency Solution Grant or Community Development Block Grant funds will be used to fund the operations of the shelter. EXHIBIT(S) 1. Agreement with Illumination Foundation for Operation of the Homeless Navigation Center Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 22 — 5 9/7/2021 EXHIBIT 1 AGREEMENT WITH THE ILLUMINATION FOUNDATION TO OPERATE A YEAR-ROUND HOMELESS NAVIGATION CENTER AT 1815 CARNEGIE AVENUE IN SANTA ANA On the 7ch day of September, 2021, THIS AGREEMENT was presented to the City Council of 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"), detailing the terms and conditions provided below for The Illumination Foundation ("Contractor"), to operate a year-round homeless navigation center on behalf of the City at 1815 Carnegie Avenue in Santa Ana. RECITALS A. The City is in the process of constructing a year-round Homeless Navigation Center at 1815 Carnegie Avenue in Santa Ana ("Homeless Navigation Center"). B. Accordingly, the City desires to retain a contractor to administer and operate the Homeless Navigation Center once it is completed and ready to open operations. C. On February 23, 2021, the City released Request for Proposals #21-028 ("RFP") for the operation of the Homeless Navigation Center. A true and correct copy of the RFP is attached hereto as Exhibit A and incorporated herein by reference. D. Contractor has submitted a proposal that was selected by the City for this purpose. Contractor is qualified by experience, preparation, organization, staffing, and management to operate programs on behalf of homeless individuals and is familiar with existing homeless services in the City. E. 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 a. Contractor shall provide all premises, approvals, facilities, labor, staffing, training, equipment, services, and items (collectively, the "Services") appropriate and necessary to fully and adequately perform, and shall perform, the Scope of Services established for the Homeless Navigation Center as described in Contractor's proposal to the City attached hereto as Exhibit B and incorporated in full. The Homeless Navigation Center will provide 200 beds, scalable up to 310 beds, for Santa Ana individuals, couples, and families with children admitted with low -barrier requirements through referral agencies approved by the City. All Services shall be performed at the Homeless Navigation Center located at 1815 Carnegie Avenue in Santa Ana, and in accordance with the provisions of this Agreement and all applicable local, state, and federal laws, rules, and regulations. City Council 22 — 6 9/7/2021 Page 1 of 11 b. Contractor shall ensure that any equipment purchased with funds pursuant to this Agreement, and utilized for and at the Homeless Navigation Center, will be disposed of in accordance with the direction of the City. In addition, all equipment furnished to the Contractor by the City and/or purchased by the Contractor with funds pursuant to this Agreement, will be limited to use within the activities outlined by this Agreement and will remain the property of the City. Upon termination of this Agreement, Contractor will immediately return all equipment to the City or dispose of it in accordance with the direction of the City. 2. TERM OF AGREEMENT This Agreement shall commence upon the date first written above ("Commencement Date"). Services shall be provided upon the completion of construction of the Homeless Navigation Center and issuance of a Certificate of Occupancy, or similar approval from the City's Building Department ("Effective Date"). The term of the Agreement shall continue for three (3) years from the Effective Date, with the option for the City to grant up to two (2), two (2) year renewals, exercisable by a writing executed by the City Manager and the City Attorney, for a potential total Term of seven (7) years ("Term") from the Effective Date, unless terminated earlier in accordance with Section 15, below. 3. COMPENSATION a. From and after the Effective Date, City shall pay Contractor an annual fee not to exceed $3,577,366.00 for operation of the Homeless Navigation Center with a capacity of up to 200 beds, as compensation for all Services rendered under this Agreement, with an annual Consumer Price Index adjustment of 1.5%, during the Term of the Agreement, as provided in Exhibit C attached hereto and incorporated herein by reference ("Operation Fee"). The Operation Fee will be based upon the actual occupancy count and incurred costs, as documented by the Contractor. The total number of beds available in the Homeless Navigation Center may be increased at the discretion of the City, which would require amendment of this Agreement to adjust the maximum annual Operation Fee to account for the increased capacity. An audit of expenses and occupancy count will be conducted on a semi-annual basis to reconcile any over or under -payment of expenses by the City. In the case of the former, Contractor shall credit the City the amount of over -payment in the immediate period. In the case of the latter, the City shall pay the Contractor the amount of the under -payment. b. Start-up costs in the first year of operation may total a not to exceed amount of $75,000.00 with documentation from Contractor. Start-up costs may include but are not limited to: miscellaneous kitchen items, padlocks, bedding, trash containers, laundry bags, hot box for bug treatment, and other furnishings and equipment, as approved by the City prior to purchase and use. The total sum to be expended under this Agreement shall not exceed $4 0,968,885.00. City Council 22 — 7 9/7/2021 Page 2 of 11 d. Contractor shall submit an invoice to the City (evidencing fees, costs or services performed, subject to City accounting procedures) when Contractor needs funds provided for in the Exhibit C. City shall pay Contractor the invoiced amounts within thirty (30) days following receipt of proper invoice. e. The compensation required pursuant to this Agreement will be paid by City to Contractor from multiple federal, state, and local funding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following: i. HHAP ii. PLHA iii. ESG-CV iv. ESG Contractor will be required to enter into a separate funding agreement for each Funding Source. Contractor will be required to comply with all requirements of each Funding Source, as detailed in the separate funding agreements. The total amount of compensation in said funding agreements shall count toward the total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreements, Contractor will forfeit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. Additionally, in the event any Funding Source is reduced by 25% or more, City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. 4. SERVICE DELIVERY MONITORING The City Manager or his or her designee shall have the right to access all activities and facilities operated by Contractor under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement (except for any such materials which Contractor is required by law to keep confidential). Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on -going program functions. Contractor shall permit on -site inspection of the Homeless Navigation Center by City and ensure that Contractor's employees and board members furnish such information, as in the reasonable judgment of the City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the Services. 5. REPORTING Contractor shall provide to the City written reports of the Services, when requested by the City and in a format to be approved by the City. 6. 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 City Council 22 — 8 9/7/2021 Page 3 of 11 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 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: 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 limit 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 limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). 5. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 6. 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. City Council 22 — 9 9/7/2021 Page 4of11 b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with 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 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms 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 0104 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 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 to 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, 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 (note — should be applicable only to professional liability, see below): If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another City Council 22 — 10 9/7/2021 Page 5 of 11 claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. 9. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the operations or willful misconduct 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. Contractor's indemnification obligations hereunder shall not extend to any claims to the extent caused by the City's negligence, willful misconduct or breach of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. By CitX. City agrees to and shall indemnify, defend, and hold harmless the Contractor, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the operations or willful misconduct of the City or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the subject matter of this Agreement. This indemnity and hold City Council 22 — 11 9/7/2021 Page 6 of 11 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. City's indemnification obligations hereunder shall not extend to any claims to the extent caused by Contractor's negligence, willful misconduct or breach of this Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. City's indemnification obligations in this section shall survive expiration of this Agreement. 9. 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 (except for any such materials which Contractor is required by law to keep confidential). 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. 10. 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 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. 11. 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 the performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in City Council 22 — 12 9/7/2021 Page 7of11 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 With courtesy copies to: To Contractor: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 The Illumination Foundation 1091 N. Batavia St. Orange, CA 92867 Attn: Paul Leon, CEO With courtesy copies to: Steven J. Dzida, Esq. Dzida, Carey & Steinman 3 Park Plaza, Suite 750 Irvine, CA 92614 Fax: 949/399-0361 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or City Council 22 — 13 9/7/2021 Page 8of11 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT 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 of this Agreement performed by City personnel or by other contractors or consultants retained by City. No assignment by the City of its rights or obligations under this Agreement shall relieve the City of any of its obligations under this Agreement. 15. TERMINATION a. This Agreement may be terminated by the City, for any reason or no reason at all, upon ninety (90) days written notice of termination. b. If there is a default by Contractor, this Agreement may be terminated by the City upon written notice of termination, which notice shall set forth with specificity the cause for termination. Contractor shall have an opportunity to cure any alleged default for a period of ten (10) days after receipt of the notice of termination. If Contractor has cured the alleged default in the reasonable opinion of City, then this Contract shall not be terminated. C. If there is any court order, ruling, settlement agreement, legislation, law, or similar action affecting the City's ability to utilize the Homeless Navigation Center as a homeless shelter, or impairing Contractor's ability to provide the Services that are the subject of this Agreement, then the City may terminate the Agreement immediately. d. If this Agreement is terminated, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor and costs incurred or accrued by Contractor prior to Contractor's receipt of such notice of termination. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. GOVERNING LAW AND VENUE This Agreement has been executed and delivered in the State of California and the validity, City Council 22 — 14 9/7/2021 Page 9 of 11 interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES 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. 19. MISCELLANEOUS PROVISIONS a. Each person signing this Agreement on behalf of Contractor represents and warrants that its signature herein below has the power, authority and right to bind Contractor 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. Each person signing this Agreement on behalf of City represents and warrants that its signature herein below has the power, authority and right to bind the City to each of the terms of this Agreement and shall indemnify Contractor fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor 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. {Signatures on following page} City Council 22 — 15 9/7/2021 Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA CONTRACTOR Kristine Ridge Name: City Manager Title: ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: /a I Ryan O. dg Assistant ity Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency EXHIBITS: A — RFP #21-028 B — SCOPE OF SERVICES C — PRO FORMA OF COSTS AND FUNDING City Council 22 — 16 9/7/2021 Page 11 of 11 EXHIBIT A REQUEST FOR PROPOSALS #21-028 City Council 22 — 17 9/7/2021 Contents Notice Inviting Proposals.............................:...3 Executive Summary ........................................ 4 Background...................................................... 4 .Eligible Respondents......................................7 Available Funding ................ ............ ;............... 8 RFP Timeline..................................................9 Proposal Selection Process ...........................10 Scope of Services.., ...........................11 ProjectOutcomes... .... .................................. 14 Proposal Evaluation & Scoring.... ........ .... . —, '16 Minimurn Submission Requirements..... ... .... 17 Proposal Requirements—. ................. ........... . 19 General information ....... ..........:............... ..:...23 Agreement Information............ ...25 Insurance Requirements ............. .....:............. 27 Exhibit A - Contractor's Statement.... ............ ;. 30 Exhibit B - Certification of Non-Discrimination ............................................................ 31 Exhibit C -- Non -Collusion Affidavit................33 Exhibit D — Commitment to Enter Into Memorandum of Understanding with the Santa Ana WORK Center .............. ............ ........... _36 City of Santa Ana RFP: Year -Round Homeless Navigation Center NOTICE IS HEREBY GIVEN THAT PROPOSALS will be received from qualified non-profit service providers (who provide services for individuals that are homeless) to operate a_Year- Round Homeless Navigation Center (HNC) in the City of Santa Ana. Responses to Request for Proposals (RFP) will be accepted until March 24, 2021 at 2.40 P.M. Proposals received after this dateltime will not be considered. It is the responsibility of the eligible respondent to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. MAILED DELIVERED BY WAND OR COURIERED PROPOSALS WILL BE ACCEPTED TO THE FOLLOWING CONTACT PERSON: City of Santa Ana Terri Eggers, Homeless Services Manager Community Development Agency 20 Civic Center Plaza, M-25, 61' Floor Santa Ana, CA 92701 E-MAILED RFP RESPONSES WILL NOT BE ACCEPTEDI All notifications, updates, and addenda will be posted on the City's RFP Bid page at http:llplanetbids.com. Eligible Respondents shali be responsible for monitoring the site and project contact's email to obtain information regarding this RFP. Failure to respond to required updates may result in a determination of nonresponsive proposal. 3 City of Santa Ana RFP. Homeless Navigation Center EXECUTIVE SUMMARY The City of Santa Ana's Community Development Agency (CDA) is seeking proposals from eligible respondents to enter into a public -private partnership to operate a Year -Round Homeless Navigation Center (HNC) that will serve 200 individuals, with the ability to scale up to 250 individuals. The term of the agreement will be for three years, with two, two year extensions, A Navigation Center is a "transitional, emergency homeless facility with in-house services to develop pathways toward permanent housing, Income, healthcare, and stability. Some of the onsite services include, but are not limited to: transportation In and out, one-on-one case management, state -licensed behavioral and substance abuse services, social services, meal services, rental assistance, and 2417 staffing and security. The Navigation site located at 1815 Carnegie Avenue, Santa Ana, CA is currently under construction with completion anticipated by late Spring, 2021. This site meets the SB2 zone criteria for homeless shelters. Funding will be provided by the City of Santa Ana through various funding sources outlined within this RFP. Only non-profit organizations currently providing services to individuals experiencing homelessness and which meet the minimum submission requirements will be considered. The City of Santa Ana currently operates a homeless shelter, referred to as The Link, which was opened in November 2018 as an interim emergency homeless shelter. The Link is a 200-bed emergency shelter for men, women, couples and families with children. The Link may cease operation upon the opening of the homeless navigation center. The homeless navigation center, subject to this RFP, will replace The Link. Santa Ana expects respondents to be fully ready to operate the Navigation Center once complete, which is estimated as Spring, 2021. According to the 2019 Grange County Point -In -Time Count, the Orange County's homeless population increased from 4,792 to 6,860 from the 2017 Point -In -Time Count. Santa Aria's portion of the county's homeless is reported to be 1,769. As the County Seat, the City of Santa Ana has been on the frontline of addressing Orange County's homelessness. As a result, the City has invested resources and created programs to address the needs and impacts of homelessness throughout the City. Since 2018, the City has launched the following projects and initiatives to address the growing homeless population: 4 City of Santa Ana RFP: Homeless Navigation Center Homeless Services Manager: Hired to coordinate and address the City's homeless efforts through internal and external collaborations at the local, state and federal level, Interdepartmental Team, Created to execute projects and initiatives addressing homelessness. Quality of Life Team: Designed a multidisciplinary team comprised of staff from the Santa Ana Police Department, Public Works Agency, Parks and Recreation, Community Development Agency, and Orange County Health Care Agency outreach workers. This team address homelessness concerns in the community related to municipal code violations, property storage, proper use of public/private property and provision Of Supportive services to individuals experiencing homelessness. Advocating for Regional Collaborative: Active participation with Federal District Judge David Carter, and responding to lawsuits on the establishment of homeless shelter and anti - encampment laws, Four Point Homeless Strategic Plan. Crafted a draft plan outlining over 30 recommendations to address homelessness, including outreach and supportive services, affordable housing needs, strategic, policy development and more. Point-in-Tirne Count, Planned and executed a City Point -In -Time Count that surveyed the homeless population in Santa Ana within less than 24, hours to gather robust data supporting the increase of homelessness in Santa Ana. Operation Civic Center Plaza: Outreached to 234. individuals in the Civic Center encampment to refer to shelter and resources in an effort to transition out of the Civic Center plaza and into stable housing, Declaration of an Emergency: On August 21. 2018 City Council approved a resolution declaring a shelter crisis related to homelessness, 5 City of Santa Agee RFP Homeless Navigation Center City of Santa Ana RFP: Homeless Navigation Center An Eligible Respondent is a qualified non-profit service provider that has verifiable experience serving the homeless population as it relates to the qualifications outlined in this RFP. It is understood the selected Respondent acting as an individual, partnership, corporation or other legal entity, is of professional status, licensed to perform in the State of California and for all applicable professional discipline(s) requiring licensing and will be governed by the professional ethics in its relationship to the City of Santa Ana. It is also understood that all reports, information, and/or data prepared or assembled by the Respondent for this RFP, or under a contract awarded pursuant to this RFP may be made available to any individual or organization under the California Public Records Act (CPRA), subject to limitations and exemptions in the CPRA. Each Respondent shall be financially solvent, and shall be competent to perform the services required under this RFP document. Proposals will only be considered from Respondents which meet the following prerequisites: 0 Have a minimum of three (3) consecutive years of successfully managing and operating homeless programs and delivering relevant services of a similar type and scope as described in the, Scope of Work, $ Have not filed for bankruptcy under any business name over the past five (5) years, 0 Have the current organizational experience and staff capacity to undertake a new Year - Round Homeless Navigation Center, 7 City of Santa Ana RFC': Homeless Navigation Center AVAILABLE FUNDING The City anticipates that there will be available funding for the operation of said facility. Funding sources may include: Community Development Block Grant (CDBG), Homeless Emergency Aid Program (HEAP), Homeless Housing, Assistance and Prevention Program (HHAP-1 and HHAP- 2), Housing Opportunity Ordinance (HOO) Inclusionary Funds, Emergency Solutions Grant (ESG, ESG-CV,l and ESG-CV2), and Permanent Local Housing Allocation (State funds from SB2.) Funds used may have varying requirements including both quarterly and annual reporting 'for both the City and the Respondent. The basic program regulations governing management and financial systems for the Community Development Block Grant and Emergency Solutions Grant are disseminated by the Federal government in 24 CFR Part 570, Subparts J and K. The Homeless Housing, Assistance and Prevention Program is disseminated by the California Business, Consumer Services, Homeless Coordinating and Financing Council. The City's Community Development Agency will administer the Agreement on behalf of the City. All requirements of the applicable local, state, federal, or private funding sources will apply to projects selected under this RFP. Respondent will submit a request for reimbursement on the first day of each month after the commencement date, with an itemized accounting and reasonable substantiation of the expenses actually incurred. Payment shall be made within forty- five (45) days following receipt of proper invoice evidencing fees, costs or services performed, subject to City accounting procedures. 9/7/2021 8 City of Santa Ana RFP: Homeless Navigation Center RFP TIMELINE Santa Ana expects proposals to be project -ready with the intent of having the now Navigation Center operational by Spring, 2021, The following is the tentative timeline for the RFP process. ACTION ITEM Release of RFP DATE February 23, 2021 RFP Questions Due March 1, 2021 RFP Responses to Questions March 3, 2021 Proposal Submittal Deadline March 24, 2021 at 2:00 PM Panel Interviews March 31, 2021 City Council Approval April.20, 2021 Program Operation Spring, 2021 (r)i inril City of Santa Ana RFP Homeless Navigation Center Proposal Selection Process The City shell establish a proposal evaluation committee to review and score proposals received. All proposals will be snored based on the criteria in this RFP. Additional information may be requested by the City evaluation committee prior to making a funding recommendation. Recommendations from the City evaluation committee may be brought to the Santa Ana City Council for an award of funding. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the organization responding to this RFP, The organization responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the organization. .. __G4 CQUn ;il. 10 City of Santa Ana RFP. Homeless Navigation Center SCOPE OF SERVICES Riverview The Homeless Navigation Center and its supportive service programs will be designed to provide a safe environment and a pathway for individuals, youth and families, experiencing homelessness on the streets of Santa Ana to transition into permanent housing. Clients will be admitted with low -barrier requirements through a referral system and coordination with the Santa Ana Police Department (SAPID), or other outreach teams, with no walk-ins allowed. The shelter program will incorporate transportation pick up and drop off points, or similar model type, that supports the individual needs of participants. The overall project. will represent best practices in exceptional trauma -informed care for all shelter participants. The City's obligation will be for funding. The operation of the sheiter will be undertaken by the Despondent. Project Requirements Respondents to this RFP should specify programs and services for homeless individuals that, based on evidence, successfully promote the principles of Housing First and contribute to the regional goals of ensuring instances of homelessness are rare, brief, and non -recurring, All services must be easily accessible and evaluated for effectiveness on a regular basis. Effectiveness shall be measured using the Project Outcomes outlined in this RFP. The table below outlines the minimum requirements for the shelter. PROJECTELEMENT Hours of Operation a The Navigation Center must be open 24 hours per day, seven days per week, including City holidays Target Population 0 Housing and Urban Development (HUD) criteria for defining homelessness including Individuals, couples, families with children and transitional aged youth JAY) Populations Client Eligibility 0 Literally homeless in tiie City of Santa Ana ® Referred by Santa Ana outreach workers and the Santa Ana Police Department 0 willingness to participate in a housing plan Willingness to follow shelter behavior requirements 11 City of Santa Ana RFP. Homeless Navioation Center Program Components 0 Three (3) nutritious meals each day And 0 Client support services * Transportation/Shuttle Services Residontial. Services ® Pet Accommodation 0 Laundry Facilities ® Client access to on -site storage 0 Hygiene Products ® HMIS Participation and Documentation 0 Manage client reservation and referral process 0 Welcome, intakes and assessment 0 Housing First program with low -barriers to entry and operations 0 Case management and other appropriate permanent housing - focused services (e,g,, housing navigation, case conferencing) a Substance abuse recovery classes such as AA, '12 Step programs A Coordination for mobi.le heaith services a Participation in the Coordinated Entry System (CES) 0 Coordination with the City of Santa Ana Housirig Authority, referrals to County, State and Federal programs, as well as nonprofit and social service agencies, as appropriate . 6 Mail services, as needed 0 Telephone access, charging and message services, including an ADA-compliant telephone a Piny area for children 12 City of Santa Ana RFP: Homeless Navigation Center General Standards « Adequate on -site staffing with appropriate on -going staff training m 24-hour security to ensure a safe environment for clients, volunteers, and others 4) Operator to include data analysis as well as service delivery 40 Designated point -of -contact who is available at all times to address issues that may arise at the shelter and willingness to coordinate security issues with the Santa Ana Police Department a Means for clients to provide input into programs Property Management Respondent will maintain a secure and healthful environment for delivery of all services, including: Site control, prompt maintenance and repair, utilities, security, janitorial services, waste removal and disposal, regularly laundered linens, and other occupancy related items Secure entrylexits for clients and service providers to be monitored by staff A fire escape ernercgency plan A fire watch, which shall be maintained at all times A written drug and alcohol free policy for staff that is posted/displayed on -site at all times, 'The written policy shall include and describe the disciplinary action to result from the illegal use, consumption, distribution, and/or possession of drugs and/or alcohol City of Santa. Ana RFP Homeless Navigation Contet, PROJECT OUTCOMES The performance outcomes for this site will be measured by the table below as well as thresholds established in the annual Orange County Emergency Shelter Project Performance Report, as a guideline. Additionally, the Respondent and all partner organizations will be responsible for complying with standards for Homeless Assistance, Homeless Management Information System (FIMIS), and CES. All Navigation Center activities will be documented in monthly, quarterly and year-end reports in a format determined by the City of Santa Ana. Respondent staff will work closely with the City on programming and in providing all the necessary documentation for invoicing and accounting, Low Barrier to Entry '100% Average Length of Stay 120 days or less Access t0 ReSOlIrGeS/SerVlGes Employment Status at Exit At least 20% employed Income Source at Exit 54% income from any source other than employment at exit to !Move into Permanent Housing and Stabilize Housing cost :� 50% of client income Negative e 35% non-compliance Exits Positive At least 35% to permanent housing Occupancy Rate At least 90% Efficient and Effective Use of Spending 100% spend -down of awarded Resources funds 14 City of Santa Ana RFP., Hottieless Navigation Center Missing or incomplete Data 5% in HMIS Data Quality Timeliness of Data Entry Client data entered within 3 business days Participants will engage in Services the service plans including At least 80% housing, behavioral, substance abuse and/or employment Demographics Shelter and Housed Clients Reporting Only City of Santa Ana RFP., Homeless Navigation Center Proposals will be evaluated based on the following criteria: 9 Completeness and accuracy of the completed proposal forms, and requested narratives. 0 Applicant has demonstrated organization's experience serving persons experiencing homelessness and managing an emergency shel-ter/navigation center program, a Demonstrated experience in providing services and operating a shelter/navigation center program similar in nature to the proposed Homeless Navigatlon Center. 0 Ability of project design to achieve desired project outcomes, 105 points total are possible. A minimum of 85 points is required for consideration of project award, Applications will be scored based on the following-, MAXIMUM POINTS 25 EVALUATION CATEGOY R Operator Experience and Capacity 30 Program Design and Outcomes 25 Service Delivery Method and Staffing 15 Operator Program Budget 10 Project SLIstainability 105 Total Points Possible Gity Geuneil 16 City of Santa Ana RFP: Hon7eless Navigation Center III III P Q All project proposals must contain the following minimum submission requirements: A. Nonprofit Organization: Respondents and partners must have achieved IRS Section 501 (c)(3) tax exempt nonprofit status and California Revenue and Taxation Code tax exempt nonprofit status before the start of the contract with Santa Ana, Respondents must have been in existence for at least three (3) years. 1 ) Three (3) years of annual financial statements; 2) Nonprofit organizations are required to submit an accountant's compilation report of financial statements. 3) References; Minimum of two (2) references associated with current contracts demonstrating successful ability to complete the responsibilities outlined in this RFP. B, System Coordination. Respondent and partners must coordinate and participate in the following manner or with the following agenGiP,3: 1) 2-1-1 Database 2) Coordinated Entry System (CES). Respondents of this RFP and related service providers will be required to utilize and participate in CES as determined by the City. 3) Memoranda of Understanding (MOU): If partnering with third -party organizations for any portion of the proposed project, a MOU must be Submitted, outlining the details of each partnership. 4) Utilization of Homeless Management Information System (HMIS): Service providers will enter and maintain client data in the approved HMIS, as well as obtain and report required programmatic information and data on a monthly and annual basis. C. Housing First, Respondents and partners must demonstrate a commitment to ensuring the services created through award of this solicitation, follow the principles of Housing First as outlined by HUD and the U.S. Interagency Council on Homelessness, 1) Target Population: Respondents and partners must demonstrate a commitment to assist individuals and households who meet the U.S. Department of Housing and Urban Development's (HUD) definition for homeless and chronically homeless, City of Santa Ana Rr-P Homeless NavigationCenter 2) Compliance and Performance History: Respondents and partners must demonstrate compliance with prier City funding awards and consistent conformance with all applicable rules and regulations. The Respondent's prior projects over the previous five (5) years must not have resulted in either financial loss to the City of Santa Ana or audit findings. 3) Financial Considerations: Respondents must demonstrate an absence of suspensions/debarments, suitslllensljudgments, and criminal or fraud evidence. D. Preliminary Project pro forma: I ) The City will provide operating support, subject to budgetary authority; 2) All funds associated with operations and provision of services will be funded on a 45-day reimbursable basis by the City to Respondent; 3) The operator must establish and maintain 90 days of operating cash reserve at time of contract execution; 4) The Shelter operator will be responsible for services; 5) Ability to pay for invoices up front and be reimbursed, as some of the grans funds are reimbursement only. E. Management and Operations Man: Respondent must submit a draft Management and Operations Plan which may be amended after award. City of Santa Ana RFP: Homeless Navigation Center PROPOSAL REQUIREMENTS A complete Proposal package shall be submitted on PlanetBids on or before the deadline listed on the cover of this RFP. Additionally, five (5) hard copies of the electronic Submission on PlanetBids shall be delivered to the City of Santa Ana to the location rioted on the Notice Inviting Proposals. Hard copy Proposals and Deposits shall be submitted per instructions on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and shall be wet 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 contractual person with legal authority to bind the company for contract execution purposes, Font size shall be minimum 'I 1-point Arial. Proposal exhibits shall be maximum I I " x 17". All project proposals must contain the following sections and information to be considered responsive: Operator Exioerience and Capaeltv - (25 points), A. Team. Describe the team members and their duties as part of the team. Resumes of key staff should be included. If more than one nonprofit is partnering in the service delivery describe the role of each entity. Documentation to be included in the Exhibits for each entity: 1) An organizational chart showing lines of responsibility 2) Documentation that each entity is certified by the U.S. Internal Revenue Service as a 501 (c)(3) tax exempt non-profit, corporation 3) Documentation that each entity is in good standing with both local, state and federal compliance, B. Experience. Describe the team's experience providing social service programs to individuals experiencing homelessness and operating a year-round shelter/navigation center, with an emphasis on experience gained in the last five years on projects similar to the proposed Homeless Navigation Center. Describe team's experience working in the coordinated entry system. Describe team's property management experience_ Providedata and information about performance outcomes for similar projects assuring exits to permanent housing. C. Capacity. Describe the team's administrative and managerial capacity to oversee the work necessary to Successfully operate the proposed project. Provide evidence of City of Santa Ana RFP: Homeless Navigation Center Respondent team's financial strength and ability to raise private capital for the proposed Uses. D. References, Include a list of at least two references from public agency partners with full narnes, title, contact phone and email information, and identification of the projects, Pro ram Desi nand nd Outcomes — (30 points) —.q A. Program Description. Detailed narrative describing the proposed navigation center and explaining how the shelter will ensure that multiple populations can be served. Please make sure to address the following information: 1) Continuum of Care System, Explain how the proposed shelter will be integrated into the larger Continuum of Care system. 2) HIVIIS. Describe organization's experience working in HIVIIS and your plan to comply with HIVIIS requirements. 3) Permanent Housing, Describe how clients will be connected to permanent affordable housing through the use of rapid rehousing or other systems, 4) Client Referral Process. Describe how referred clients will be linked with other organizations and service providers in compliance with its use of the Coordinated Entry System and to ongoing services, including physical and behavioral health care and job readiness. 6) Admission Criteria and Procedures. Describe admission criteria and procedures including client rules and guidelines, identification requirements, screening requirements, bed reservation system, new clients, day leave and returning clients and hours of operation. 6) Re -admission Procedures, Describe exit and re -admission policies and procedures, 7) Types of Services. Describe the type of on -site and off -site services to be provided including, but not limited to: housing location and navigation, outreach and engagement, intake and assessment, case management, residential services, substance abuse counseling and crisis intervention services. 8) Program Outcomes. Describe how program Outcomes listed in the table will be met. 9) Case Management. Describe the level and frequency of case management and explain how these case management services will increase stability. '10) COVID-19. Describe modifications to address the pandemic. 20 City of Santa Ana RFP: Homeless Navigation Center IV, Service Delivery_Metha_ d and Staffing — (25 points) A. Provide information detailing the proposed number of staff (FTE) for each program service, coordination with substance abuse counselors/graduate students and programs provided on -site, management plan including hiring and training policies, emergency procedures, conflict resolution and safety conduct. B. Provide a Staff Responsibility Matrix for the HNC volunteer monitoring, referral service and staff coordination. C. Describe how the staffing plan is consistent with the Management and Operations Plan, D. Respondent must address the following topics in the draft Operations and Management Man ((AMP). Despondent may submit and OMP for an existing emergency shelter currently operating in California. The document may be amended after award of contract for operation of the HNC. If the OMIT does not include all of the required topics, additional information may be included as a narrative in this section, or as a supplemental exhibit to the existing OMP, Any deviations from the level of services described in the draft OMP roust be clearly described in this section. 1)Describe your Volunteer Management Plan including a plan for the recruitment, training and management of volunteers for the program. Please describe the role of volunteers and volunteer policies including a description of volunteer tasks, selection, screening, and background checks, orientation and training, lines of authority. 2) Describe the Safety Policy for the facility including facility maintenance, fire and earthquake safety, fire prevention procedures, lighting, loitering, entrance and exit procedures, alarms and cameras and on -site Security personnel. 3) Describe the Health Policies related to possession of controlled substances, drug policies, disease prevention, drug possession, etc. 4) Describe the Security Plan for the facility. 5) Describe Fled Policies related to the provision of nutritionals needs of clients, health department standards and the sanitary storage and preparation of food. 6) Describe the policies of how the facility will accommodate pet• and service animals. Describe Transportation Policies pertaining to pedestrian traffic and parking, bus and shuttle, personal vehicle transportation and parking, etc. 7) Describe Non -Discrimination Policies including, gender -specific programming, compliance with Americans Disability Act, Sexual Harassment and Policy regarding Sex -Offenders. 8) Explain Grievance Policies and Procedures related to receiving and posting the policy, process to make a complaint, resolving a grievance, meeting with staff and whistlebiower policy. 21 City of Santa Ana RFP: Homeless Navigation Gentei- 9) Describe your agencies policies regarding Personal and Database Confidentiality. V, Operator Proaram Budget —0 5 points) A. Clearly identify the costs/uses associated with each funding source identified in the RFP, B. Provide line item cost of services including in -kind values. C. Provide estimated cost per client. D. Provides funding source associated with each fine item. vil, Proiect Sustainability — (19_�ints A. Narrative description addressing the sustainability of the project over a ten-year period, Mill, Required Exhibits and Attachments Respondent shall complete and return the following Exhibits attached herewith: 0 Exhibit A - Contractor's Statement 0 Exhibit B - Additional Insured Endorsement for Commercial General Liability Policy (Not required until after contractor selection) 0 Exhibit C - Certification of Nondiscrimination 0 Exhibit D - Non -Collusion Affidavit e Exhibit E - Commitment to Enter into Memorandum of Understanding with the Santa Ana WORK Center Respondent shall submit the following attachments: 501 c(3) letter and evidence in good standing for each partner Three years of audited financial statements (including management letters) Minimum Of two (2) references associated with current homeless shelter contracts Memorandums of Understanding (MOU) with Third Party Organizations (if applicable) Business Plan which includes an Operational Pro -Forma for the Shelter Operation (10 years) Preliminary Sources and Uses Statement Organizational Chart, including key staffing for the proposed project Staff Resumes &,Job Descriptions Individual Service Plan (Draft) Managernent and Operations Plan (Draft) Program Policies & Procedures (Draft) Good Neighbor Plan (Draft) 22 City of Santa Ana RFP., 14omelass Navigation Center * Shelter Client Rules (Draft) * Letters of commitment for services Please include any additional information you deem essential to a proper evaluation Of Your proposal and which is not solicited in any of the preceding sections. Creative and innovative ideas can be addressed through -out the proposal. Applicants are cautioned this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief. GENERAL INS UOARM AITION 1) Request for Information or Clarification, All questions or requested clarifications shall be made only in writing to the O&A section located in PlanetBids no later than date listed on the cover of the RFP. No verbal requests or responses will be accepted. Significant i rite rpretatio ns or clarifications will be addressed via addenda to this RFP. 2) City Reserve's the Right to: a) No obligation to pay costs incurred in preparation of a response to this RIP. b) All data, documents and other products used, developed or produced during response preparation to the RFP will become property of the City. c) Reject, replace or approve any and all Respondents. 3) Coordination-, Coordination by the awarded Provider with the City, as well as other Contractor and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to, coordination with impacted businesses. neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Redevelopment and Housing Commission meetings or City Council meetings. The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performecl by the City Homeless Services Manager. When coordination efforts require agreements, such agreements shall be coordinated with the City. 23 City of Santa Ana RFP: Hoamless Navigation Center 4) Business License: The selected Respondent shall be required to obtain a City of Santa Ana business license within 30 days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. 5) Authorized Signer: The signer of the proposal must declare in writing that the only pet -son, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud-, and, that the signer of the proposal has full authority to bind the Consultant, 6) Addendurm Any changes in RFP from the date of release to the date of submittal of inquiries/questions will be summarized in an addendum or amendment to the RFP. Notification of such addendum or amendment shall be posted on PlanetBids at https://pbsystem.planetbids,com/portal/20137/portal-home as set forth in the Notice Inviting Proposals, Addenda shall become part of the, agreement documents. 7) Public Record: Proposals will become public record after submission, Interested offers may submit a written request to receive the results of the evaluation. City will make best efforts to maintain Respondent information identified -as proprietary information confidential, to the extent allowed Linder the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Terri Eggers, Homeless Services Manager, 20 Civic Center Plaza M-25, Santa Ana, CA 92701. 24 Cat► of Sang, Ana RFP 14ornefess Navigation Center 1) Hold Harmless: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, Homeless Division, its officers, agents and employees. (collectively, the "Indemnified Parties") from and against any and all claims (including, without iimitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractor, subcontractor, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shell be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties, Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable, The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 2) Termination: The City reserves the right to terminate the contract., without penalty, for cause immediately or without cause. a. In the event Contractor fails or refuses to timely perform any of the provisions of the Agreement in the manner required, or if Contractor violates any provision of the Agreement, Contractor shall be deemed in default, City shall provide written notice of such default to Contractor Agency. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Contractor Agency. City may, in addition to the other remedies provided in the Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor default. 25 City of Santa Ana RFP., Homeless Navigation Center b, This agreement may be terminated without cause by City and/or Homeless Division upon thirty (:30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City and/or Homeless Division shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. 3) Contractor Option for Termination: The Contractor may request termination of the contract when conditions during the contract make it Impossible to perform or when prevented from proceeding with the contract by act of (god, by law or official action of a Public Homeless Division or in the event on nonpayment by the City or Homeless Division. Such request will require one -hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City and/or Homeless Division, Contractor shall give the City and/or Homeless Division thirty (30) working days to cure the alleged breach. 4) Employment Opportunities for Santa Ana Residents. Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review. 5) Compliance with Applicable Laws and Regulations: Contractor shall perform all requirements under the contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. a. Contractor warrants that the performance of services tinder the contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of the contract. 26 City of Santa Ana RFP: Homeless Navigation Girder INSURANCE REQUIREMENTS Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractor, if any, to obtain and maintain insurance as described below: 1) Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. 2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the labor Code, Contractor is required to be insured against liability for' worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. ._4) The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 5) Commercial general liability and business automobile insurance policies shall (a) name the City, Homeless division, 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 Homeless Division; and (c) contain standard separation of insureds provisions. Insurance must include 30 Days' Notice of Cancellation with 10 Days' Notice for Non -Payment of Premium in accordance with policy provisions and an additional insured endorsement. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 6) Certificates of insurance shall be furnished to the City Risk Management and Homeless Division upon execution of this Contract and shall be approved in farm by the City Attorney . . . and Risk Management Division. Certificates and nnlidoo, shall state that th n. �aolEripc shall 27 City of Santa Ana RFP: Horneless Navigation Center not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City and Homeless Division, 7) If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City and the Homeless Division with required proof that insurance has been procured and is in force and paid for, the City and Homeless Division shall have the right, at the City's/Homeless Division's election, to forthwith terminate the Contract. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City and the Homeless Division for' any work performed prior to approval of insurance by the City and Homeless Division. 28 City of Sant, Ana FP Homeless Navigation Center Rawtpliram lllrnhir Uparaling DuftO - dwiduaft (Elfeakere'3pond to'the Items [Tsrlad andadd ��rJtl9»��rlffrsr�s�']r�i71� Yeh�a��utl�i�h�exs� MISO sW1 ritlr� r r� An�nr�a+iaail�! F nrcalnB�l a Pit tl�l��di �ttrstt Y�arr & .2�le11 �Et '�r��rr� watt au�vst�ar��� �!l�r�ra C�ts�rta.shr :�l�ar H00:51 Nil 1'dl«nti :latow as.•s.��...:�..��<w.a,..,ww-v,..«•.....,�.�_�� •.�.•.�.._,�.�.�..,,.«> ...«.w...�.................w«..:;,:,.w:.....:..�..,..,.�.j«..«u_..._...�.er�: .:..M.,..�...�w..�. wood«�.�,....:,,«.-+_:.�.•.•...:>...�a...«« 1 Adiudo Staff �c�il W'I.ItiR4' Ck/'5T5 .a...-- -. ......�.�..w.�•.x. .,n,..•,.»..,....wr+ .....�........N........ ' .i'w. ......_...__�L it-altt0R PpealyanTi suff LuRfe- 14 iA�idiii sa ri R!<�6 rlrstt p& 718i�#1 [:gCYt`f Colt Ywar . .1 mirl resit 741��I�;r`Sn�rW3ir�rlau4r'a��s P4 cwt 'PROMM TOTAL " 0 firs AID^Mrs m.,- ._....,..M.._�...�....�. �...-.........-.........-...,.....-�..�.....,.,. �...,.....—...-..—.. :1� .CG1Sir♦iFC+i .a..-,..........,a.�.. ;�'''�,71ri I�,�;�.e.me.�,.�..w.�.�.w,...M.......,«,. .-.,�.,.,.:,,.....,.....,. ..._....._�,,.nt—,-w�,.,....�..,.,..�.....,..M.. .�..�.e�.T..,,�...a.... ».�...._.. *F ilia r k s 11 itfl n ! c4lu 1- bedeNaWded iwlhveem. Plfopfflvomfflerz, C141P Grlet• co, before 4h# iheftyior YIFit Fr;I.W�r� —�---� Matt -MrI,ryE�u.Sa� ���s� °fi.t, � - �ltrrvih +<rYk�R 3�1�'IEYEili]E��EBr .�..�_.�:-tea.-,.�-.,,��,�....�,.�...,.... �._.......„..._ �.w._...�..r..._.:,�_...�.�..,4.,,0�._.,.--..,....,.�...,..,�:. �tiNE,�tu�i f l.a!us"ia�r�,rFtP,,v�;glet''Ee �'- -- __.. ._m._..___-.-..• _._..,.._....n.._...........,.-.m.,....,,..._,,.••�-���» r..� ,-.v.v.___...R-..._,...._ ...r.�.._.�...�.-.__._....,.�..-. 4 f It l Q*q NOANNUAt WMA i,11 MOOM). Cad -A' l<iari W ftramla to be apphd e*c h ituai year h���i'mrrlrl� 20j!� ' _ 29 City of Santa Any. RFP: Homeless Navigation Center EXHIBIT A - CONTRACTOR'S STATEMEVT PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S STATEMENT Contractor understands and agrees that this written RFP (or any part thereof specifically designated 6 and accepted by the City of Santa Ana and. the Community Development Agency, Homeless Services Division, hereinafter collectively referred to as the City) shall constitute the entire agreement between Contractor and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Contractor or deposited with the United States Postal Service properly addressed to the Contractor with the correct postage affixed thereto. Contractor understands that a proposal is required for the entire work, that the estimated quantities set -forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Contractor, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are, made specifically as part of this RFP. ORGANIZATION NAME SIGNATURE TITLE PRINT NAME DATE 30 City of Beata Ana RFP homeless Navigation Center EXHIBIT B - CERTIFICATION OFie NOW DISCRIMINATION PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S CERTIFICATION OF NONON-DISCRIMINATION The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Contractor shall, in all solicitations or advertisements for erployees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, '1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared irjolir ible _______ re�r��.it....•...••......._ �.._........._....._..._...,� __ �.._..22= 4$ _._..._.�..�L71.2Q2.�.e.v_ 31 City ®f Santa Ana 1RFP: Homeless Mavr'gativn Center for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in E;xeCLItion Order 11.246 of September 24, 1965,and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204. of Executive Order 11246 of September 24, 1965, so that such provisions will be binding capon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1030, and as amended. No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties Imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME TITLE W: 32 City of Santa Ana RFP: Homeless Navigation Center L Oil PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR 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 CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any CONTRACTOR or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the CONTRACTOR or any CONTRACTOR, or to fix any overhead, profit, or cost element of the bid price, or of that of any other CONTRACTOR, 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 CONTRACTOR 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. CONTRACTORS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signature and Notary Seat on the next page 33 City of Santa Ana RIFF': Homeless Navigation Center "PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT SIGNATURE PAGE FIRM SIGNED AND PRINTED NAME TITLE State of California County Of DATE Subscribed and sworn to (or affirmed) before me on this day of 20 --, by , Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, Notary Public Signakire, Notary Public Sea] 34 City of Santa Any. RFP: Homeless s Navigation Center COMMITMENT TO MEMORANDUM ENTER INT ►: WITH THE SANTA ANA WORK CENTER PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT Contractor understands and agrees that s/he will be required to enter into a Memorandum of Understanding (MOU) with the Santa Ana WORK Center to coordinate services. The purpose of the MOU is to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about WORK Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employers, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the WORK Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher - paying job. The Santa Aria WORK Center is available to connect program beneficiaries to a full range of no - cost services, resources and opportunities to help: 9 Build the skills employers want most 9 Access training and/or education progrars that lead to employment ® Find the jobs and employers who are hiring ® Screen for additional employment or social services m Receive support to succeed in job search Contractors care encouraged to contact the Santa Ana WORK Center at (/14) 565-2629 to learn more about their programs and services and the terms and conditions of the MOU. A template for the MOU will be provided promptly to the Contractor after the announcement of an award. All terms contained in the Memorandum of Understanding are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM SIGNED AND PRINTED NAME TITLE DATE City of Santa Ana RFP., Homeless Navigation Center 36 EXHIBIT B SCOPE OF SERVICES City Council 22 — 54 9/7/2021 x ..._19. 01 . J' L I 12 NAVIGATION CENTER SCOPE OF SERVICES CASE MANAGEMENT A. Case Manager's primary function is to connect clients to an array of social services, entitlements, Food Stamps, Medi-Cal, and assist clients with completing any applications for SSI, SSDI, Unemployment or retirement benefits. In addition, a Case Manager will work closely with the client to secure vital documents needed to obtain permanent housing such as:Birth Certificate, Driver's License or ID card, Social Security card, Passport, etc. Case Managers will also be the primary point of contact when assisting clients through legal issues, homeless court, and traffic tickets. Case Managers meet weekly, and at times much more frequently with clients to develop goals, to obtain and maintain housing, and to become stable and active in the community at large. Most importantly, Case Managers assist Housing Navigators when preparing a client for permanent housing. This service is typically offered upon arrival and then weekly thereafter, but may be more frequent based on the clients specific needs and goals. Housing Navigators support Case Managers as they work with clients to gain ho€ising. A Housing Navigator's job is to cultivate and maintain housing inventory suitable to meet the needs of our clients. .Housing Navigators assist clients when navigating the Housing Authority and the housing voucher system, landlord/tenant relations, rights and responsibilities of tenants. In addition, I -lousing Navigators can assist clients with a"hands on" approachwhen doing walkthroughs of potential units and introductions of the landlord and client, Housing Navigators assist clients from the housing application process through to the move in, Housing Navigators continue to support clients in housing as retention and stabilization specialists as well. This service is typically offered once a client has completed the vital documents acquisition and income verification process with their assigned Case Manager. This is an ongoing process, and clients will meet at least 2x monthly with their Housing Navigator to start off with. SITEIPR 0 GRJAI MANAGEMENT The Site Manager is responsible :far the day-to-day supervision of the facility and all staff assigned to the facility. Site Managers will maintain the facility up to city building codes and contractual obligations at all times. Site Managers serve as arbiter in client issues, and set standards of performance for all direct reports, Additionally, Site Managers will track and report on all contractual data and outcome reporting. SITE ASSISTANTS Site Assistants' primary function is to assist clients with their day-to-day needs including but not limited to: bedding, hygiene supplies, storage of personal items, transportation to and froze appointments, laundry or food service where a client is physically incapable of completing these tasks without assistance. Site Assistants will also be responsible for the daily upkeep and City Council 22 — 55 9/7/2021 Olfjk[ 4 B cleanliness of the facility. in addition, a Site Assistant's role is to engage each client on a daily basis, build trust and. rapport and ultimately a relationship that will allow for mutual communication and respect. This foundation is instrutrtental in addressing emergent issues with clients, and assisting in crisis de-escalation. Site Assistants will typically complete their assigned duties and rounds multiple times daily during their assigned shifts. S S— ME, USE COUNSELING The role of the Substance Use COunaelor is to address clients who by their own admission suffer from the negative impact of substance use in their lives. Counselors will use a "Harm Reduction" approach when making contactwith clients. The Harm Reduction model recognizes that cacti individual has the right to self determination. We have had success with this approach, seeing numerous clients modify or discontinue use of substances. Counselors will be able to reflect back some of the negative and lasting effects that substance use may be having in a client's life, and offer them the therapeutic tools and support to build their own customized Recovery Plan. This service will typically be offered to every client who self identifies as having a substance use issue, or is Curious to know more about SUD and its potential harmful effects on their health. This service is also offered and encouraged for clients who have suffered from chronic homelessness as many times it becomes a barrier to them being able to attain more sustainable housing options. PRWARY CARE AND BEH UORAL HEALTH SER VICES Illumination Foundation partners with Illumination. Foundation Medical Group (I:FMG) to provide medical and mental health services on -site and if appropriate, off -site at an 1FMG clinic. All. on -site services are provided for Carnegie Shelter guests only. Further, it is understood that the site will not house recuperative care beds. IFMG primaty care medical team provides preventive care services, medical screenings, illness and injury management, chronic disease management, medication assisted treatment and referral to specialty care. IFMG's health care team includes a physician, psychiatrist, nurse practitioner, behavioral health therapists, and dentist. Services are provided by IF11MG and billed directly to the client's healthcare network, and are considered a part of shelter operations. No cost is accrued by the City at any time for this service, This service is offered on a referral basis to those clients who wish to receive primary care services, and do not currently have their own primary care provider. These services are offered on an ongoing basis and are based oil the physician's recommendations of frequency as indicated by each client's unique healthcare needs. The role of the Behavioral [health Therapist is to provide individual and group psychotherapy sessions. Using evidence -based practices, therapists deliver services which focus on trauma, behavioral responses and reactions, communication, improving function and success in activities of daily living, and positive engagement in the community. Therapists support clients in establishing trust and rapport with others, and recognizing maladaptive behaviors and relationships. This plays a key role in preparing long-term or chronically homeless individuals for the possibility of being housed and remaining stably housed, as well as managing employment tasks and developing skills to remain successful in employment related activities City Council 22 — 56 9/7/2021 and interactions, These services are typically offered initially upon arrival following intake assessments, and on an ongoing basis based on each client's specific needs and wishes for support of this kind, PA0fiUALLJE02 The Navigation Center will include the following on -site amenities: Sleeping Area Pet Accommodations Dining/Commons Area Food Storage , Refrigeration, and Prep Area Security Offices/Station • Site -Administration and Operations Offices In addition, the site will also feature: ++ Outdoor Facilities/Areas • Bike Rack Area • Outdoor Commons ADMISSIUIV CRITERIA • Intake and Private fleeting Areas • Restroom and Shower Areas • laundry Facilities • Client Storage Area & Recreational Opportunities • Access to Computers • Pet Area • Two cubic feet of storage space per client All clients must be literally homeless in the City of Santa Ana. Clients will be admitted through the reservation system, and must be referred by organizations approved by the City. A prospective client must be willing to participate in creating and working a housing plan, follow facility expectations, and maintain appropriate behavior with consideration for other clients. All clients .must review and sign a copy of the "Client Expectation" document prior to entry. Intake staff will assist any clients who may have difficulty understanding or reviewing these expectations. .A form of official identification is required to verify identity; however, a client will not be denied. access to services without one Case Managers and/or housing Navigators will assist clients in obtaining a California lD, providing each client with a no -cost ID voucher. EXIT PROCEDURES When a client must be exited for serious or continued rule violations, the following procedure will be used: • The client will have the procedure explained in a polite and concise manner: • The client will be given 2-3 alternatives for shelter (based on availability), and will be assisted with gathering all belongings. • Client will be asked to sign a Discharge document (client's refusal to sign will be noted and a second staff signature will suffice). 3 City Council 22 — 57 9/7/2021 e Client will be transported to either the shelter they have chosen or to one of the preapproved drop off/pick up destinations, When a client is exiting into housing or reuniting with Family, they will sign the coinciding documents, gather their belongings, receive a certificate of successful completion, and be transported to their new living arrangement. f OOD NEf- OR ,l' UCY Illumination Foundation is committed to communication with neighbors on an ongoing basis. As part of this commitment, a public inquiry phone number and contact information will be posted, Community stakeholders may call this number for information about the site or to have any questions answered. Any community complaints and/or inquiries about the program will be recorded and :Forwarded to the appropriate staff for prompt investigation. Illumination Foundation will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority. Illumination Foundation will also create and maintain a program website that will include important information for community stakeholders and clients alike. The website will include a "Frequently Asked Questions" section which will help to provide instant answers to community concerns. Illumination Foundation will highlight volunteer, in -kind., and donation opportunities encouraging community support for the program. Illumination Foundation is committed to communicating and working collaboratively with the City, law enforcement, and fire departments through all stages of program implementation- from. Facility design to program execution. The intention of Illumination Foundation is to be as self-sufficient as possible and minimize the faci.lity's impact on the local police and fire departments. This includes ensuring that staff and security are trained to property manage and. respond to an array of difficult situations that may occur at the facility, Illumination Foundation will provide an array of services and support that will be beneficial to local police and f€re departments. These services include, but will not be limited, to: • Security Officers stationed both on -site and at shuttle locations • Designated beds reserved each night for law enforcement referrals • Staff Neighborhood :Patrol will monitor surrounding area to control issues of loitering, abandoned property, and other blight • Training opportunities on mental illness, homeless sensitivity, or other topics of interest to supplement existing department trainings • Direct referral access to the Coordinated Entry System to connect homeless individuals with housing opportunities • Statistical reports on number of clients served, length of stay and/or demographic information 4 City Council 22 — 58 9/7/2021 Illumination Foundation will be committed to active participation in city and county -wide community events, To the extent that is reasonable and feasiblu, representatives of Illumination Foundation will attend meetings of the local Neighborhood Association(s) and local Chamber of Commerce(s) when invited, and communicate with neighborhood and business participants. Additionally, Illumination Foundation may sponsor special events, Such as community resource fairs, which will include the community and the neighborhood on various occasions. STAFF_PLAN Illumination Foundation will exercise their best efforts to prioritize Santa Ana residents while hiring For this facility, but may hire from any geographic area if necessary. STAFF TRAINING All Program staff will be trained when hired in: emergency evacuation, first aid procedures, mandated reporting policies, crisis intervention, Narcan and CPR procedures, This training will be repeated and updated annually and as needed. Staff may receive additional training on different topics as opportunities arise and are needed. Each staff member also receives on -going in-service training in crisis management, strength -based approaches, trauma -informed care, motivational interviewing, mediation, and positive communication skills. Security staff will be provided sensitivity training to better equip them to work with homeless clients, and those in crisis, ,ACCESS TO SAFE SS ELTER The Navigation Center will be accessible 24 hours a day, seven days/week, 365 days a year. In order to decrease the impact to the surrounding neighborhood, access to bed availability will be handled through a reservation system. No walk-ins for the Navigation Center Program or services will be permitted, Illumination Foundation shall prioritize all beds at the facility for use by persons who reside in Santa Ana, based on reasonable criteria established to deten-nine residency. Approved referral agencies are City of Santa Ana authorities, including but not limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties under contract with the City 'for outreach and engagement services with homeless individuals. This includes CityNet, Illumination foundation, and the Orange County Health Care Agency, LENGTH OF STAY Illumination Foundation proposes a 120- to 180-clay length of stay; however based on a client's vulnerability, chronicity, and available housing inventory, more time may be required. It is Illumination Foundation's goal to snatch all eligible individuals to appropriate permanent housing at the earliest opportunity. Each client will have a Case Manager and Housing Navigator supporting their progress toward housing stabilization. The program is designed to City Council 22 — 59 9/7/2021 provide this support until a housing option becomes available. However, at any time a client may be exited from the shelter for safety or continual shelter violations. ELEEMQ AREAS Due to the nature of this facility, betas provided will be single beds, in a dorm setting. Each client will be assigned a pillow and. bedding for the length of their stay. Bedding will be washed and changed at regular intervals to promote health and cleanliness. Space will be divided to allow for separate sleeping areas for men and women, couples and families. Flexible sleeping; space will also be provided for the transgender population, those dealing with illness or for other special needs populations. Illumination Foundation believes in providing support for the most vulnerable individuals and their companion animals. The Navigation Center Program will provide space for a total. of 30 companion/service/:support animals. Clients may bring one pet with them up to the shelter maximum of 30. Animals must be maintained by the clients, however Illumination Foundation can help with linkage to animal resources, including veterinary and hygiene services in most cases. GRIEVANCE PROCEDURES Illumination Foundation endeavors to provide each client with a welcoming, caring, and compassionate experience. When a client feels that they have been treated unfairly, they are encouraged to undertake the grievance process as follows: • Attempt to address their grievance with the staff on site and/or site manager. • If this is not successful, each client, upon request will be provided with an IF grievance roan. This form will be completed by the client and will list the name of client, date the alleged incident tools place, any narrative the client wishes to include, and their preferred form of contact. • IF will perform an investigation into the incident, documenting all findings. • IF will, in most cases return with a finding within 7-10 days, but no later than 30 days.. • The client will be contacted by the Director or equivalent to resolve the grievance, if grounds were round. • In the event no grounds are found, or when a client is dissatisfied with the outcanne, they will be assisted with contacting the Ombudsman for further pursuit of their claim. MEALS Breakfast, lunch, dinner, and healthy snacks will be provided for all clients in a central dining area. IF s intention will be to mace full use of the commercial kitchen to prepare food in-house. However, we will need time to properly assess and execute on a plan to do so. In the interim, IF City Council 22 — 60 9/7/2021 would utilize the services of our long-time partners to fill this need until such time we are lolly equipped to prepare food in-house. Moreover, once the commercial kitchen is fully operational and adequately staffed, there will be a potential opportunity to leverage workforce training; opportunities for shelter guests. HYGIENE FACILITIES Hygiene facilities will be provided on -site including toilets and showers. Clients will be encouraged to utilize these Facilities daily. Toiletries will be provided by Illumination foundation to clients as needed. Laundry will be done by paid staff and volunteers at intake. Clients will be assisted with their laundry on a weekly basis to ensure a healthy shelter environment, As a preventative measure, upon entry all client's clothes and belongings Will be sanitized and washed to prevent the spread of pests and allergens. TA `MTATI Illumination Foundation will provide transportation in vans and shuttles to predetermined drop off/pick up locations throughout the city as determined by the City of Santa Ana. In addition, Illumination Foundation will provide clients with transportation to and from doctors appointments, social services appointments, housing appointments and any other destination that is in alignment with the client's established housing plan, Illumination Foundation will provide vans (3 vehicles running twice daily) as primary transportation means. Other transportation may be completed by Uber, Lyft, Veyo and OCTA depending on the availability o.ftransportation, the volume of clients requiring transportation on a given day, and the client's vulnerability and capabilities. SECERLDE Illumination foundation will contract with a state -licensed security vendor that will be stationed inside and outside of the facility property 24 hours a day 7 days a week. For the Carnegie Shelter, a minimum of three security personnel at all times will be provided. Illumination Foundation will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community. Illumination Foundation will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they. escalate. The security plan will include a multifaceted approach involving secured entrances, security searches upon entrance, confiscation of harmful contraband, trained security personnel providing; around -the -clock indoor and outdoor coverage, security cameras.. and lighting. Other program elements that will support security efforts include no walk ups and no loitering policies. INVOICING 4& CO3,1PLL4NCE Illumination Foundation will remain in full compliance with all City, County, State and Federal guidelines relating to the services provided, labor, timekeeping and reporting. HUD guidelines will be strictly followed in the preparation, collection and submission of timecards for the purpose of invoicing. We will ensure to the best of our ability that submitted timecards will largely adhere to the staffing plan and schedule provided and notify the City should material changes that impact the budget are necessary. 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CO M cp m co v v N N N Cl et Cn Y! p N t+J ep O CO W N Ll U) , O U Q ind iLU 4 :LU 0 LUto City Council 22 — 65 9/7/2021 Carnegie Navigation Center Operating Budget - 200 Individuals PERSONNEL Title FTE Annual Salary Annual Benefits Monthly Cost Year 1(12 mo) Cost On -Site Program Staff Program Manager 1.R0 Substance Abuse Counselor 2.00 Housing Navigator 7.00 Site Leaders/Coordinators 1.00 Case Managers 9.00 Site Monitors/Aides 16.00 Drivers w 4.00 On -Site Program Staff Total 34.00 $ 13S,1g4 $ 1,01:26n urr•attt.xnmmmattiotai TOTAL STAFF Number/Costs 34.25 $ ]36,797 $ 1,6A1,563 On -Site Daily Number of Program Staff: Daily site aids 12 over two shifts On -Site Night Staff: 3-4/shift On -Site Number of Speciali PROGRAM Description Monthly Cost Year 1(12 Mo) Cost Client Transportation Vehicles, fuel, maintenance, insurance $ 6,000 $ 72,000 Bus Passes/Ride Share Bus/Ober/L ft $ 500 $ 61000 Meals/Snacks/Beverages 3 Meals per day, snacks and drinks $ 60,833 $ 730,000 Shelter Supplies Paper Goods, TP, Pet Care Food, supplies, limited pet care $ 1,000 $ 12,000 Other Direct Client Needs Laundry, hyglene,.dia ers,clothing $ 6,083 $ 73,000 PROGRAM TOTAL $ 74,417 $ 893,000 FACILITY COSTS Description Monthly Cost Annual Cost Security Services 3 FTES for 24/7 Coverage $ 45,990 $ 551,880 Janitorial Service & Supplies $ $ Appliance Repairs Laundry, kitchen $ $ Maintenance Repairs Plumbing, electricity $ 6,000 $ 72,000 Pest Control g(One-Time I On -Going Service $ 500 $ 6,000 Telecom/Wi—Fi $ 3,000 N/A $ 36,000 NA Security Equipme'TBD Insurance Liability $ 1,250 $ 15;000 Disposal Trash services $ - $ FACILITY TOTAL $ 56,740 *Additional Facility costs/to be determined between Property Owners, City, Operator before the shelter opens OTHER EXPENSES Description Monthly Cost Annual Cost OfflceSup lies Ccmputers,printers,celE phones $ 605 $ 7,260 Other Staff meetings, travel and mist. $ 2,454 $ 29,448 Admin Overhead Audit, professional fees, office supplies, $ 27,101 $ 325,215 DTHER EXPENSE TOTAL $ 30,160 $ 361,923 SOIL;t�f��fct4TINGC{ST ,iVl'i!(ii���CAiVpAiyllfllAL YEAR1, 7Z,MClTVlHSj „::,'; $,.... 298114 $ ,,:.: 3,577,366. Cost of Living to be applied each fiscal year beginning in Year 2 of the contract and annually thereafter. FJ. $ 49.01 City Council t 22 — 66 9/7/2021 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: On -call Space Planning and Architect Consultant Services AGENDA TITLE Approve Amendments to Agreements for On -call Space Planning and Architectural Services with IDS Group, West Group Designs, Gensler, Corgan, SVA Architects Inc., Black O'Dowd and Associates Inc., Gruen Associtates, Gillis & Panichapan Architects Inc., CAP Architecture, and Ware Malcomb to Increase the Shared Agreement Amount by $1,000,000, for a Total Amount not to Exceed $1,300,000 Annually RECOMMENDED ACTION Authorize the City Manager to execute agreement amendments for on -call space planning and architectural services with IDS Group, West Group Designs Inc., Gensler, Corgan Inc., SVA Architects Inc., Black O'Dowd and Associates Inc., Gruen Associtates, Gillis & Panichapan Architects Inc., CAP Architecture Inc., and Ware Malcomb, to increase the shared agreement amount by $1,000,000, for a total agreement amount not to exceed $1,300,000 annually, subject to non -substantive changes as approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Building Maintenance Division oversees all City facility improvements, including the reconfiguration of office spaces, modifications to existing floor plans and the addition of workstations. As such, on -call space planning and architectural services are needed to complete this type of work. Additionally, construction management, mechanical and electrical engineering, move -management, and Americans with Disabilities Act survey services are sometimes needed, and are also included in the scope of work for these on -call consultant agreements. On March 30, 2020, the Public Works Agency issued Request for Proposal (RFP) 20-040 for consultants to provide on -call space planning and architectural services. The RFP was advertised on the City's online bid management and publication system, with bids due on April 20, 2020. Fifty-eight vendors downloaded the project documents. Twenty-five proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. In accordance with the RFP, staff recommended approving agreements with the top ten firms to establish a list of on -call space planning and architectural services. Each proposal demonstrated a high technical competency and City Council 23 — 1 9/7/2021 Amend Agreement for On -call Space Planning and Architect Consultant Services September 7, 2021 Page 2 experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. On November 17, 2020, the City Council authorized the City Manager to execute agreements with IDS Group, West Group Designs, Gensler, Corgan, SVA Architects Inc., Black O'Dowd and Associates Inc., Gruen Associates, Gillis & Panichapan Architects Inc., CAP Architecture, and Ware Malcomb to provide on -call space planning and architectural services. Due to several tenant improvement projects, the amount originally allocated for these agreements was depleted sooner than expected. Staff recommends approval of the amendments to allow City staff to continue to utilize the services provided by the firms (Exhibits 1-10). ENVIRONMENTAL IMPACT There is no environmental impact associated with the 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 new aggregate limit of $1,300,000 annually for these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued to a firm. EXHIBIT(S) 1. First Amendment with IDS Group 2. First Amendment with West Group Designs 3. First Amendment with Gensler 4. First Amendment with Corgan 5. First Amendment with SVA Architects, Inc. 6. First Amendment with Black O' Dowd and Associates, Inc. 7. First Amendment with Gruen Associates 8. First Amendment with Gillis + Panichapan Architects, Inc. 9. First Amendment with CAP Architecture 10. First Amendment with Ware Malcomb Submitted By: Nabil Saba P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 23 — 2 9/7/2021 :X4II1:31fi FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between IDS Group, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-01, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 3 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: X.,,- A. R- Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name: Said Hilmy Title: President City Council 3 — 4 9/7/2021 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Westgroup Designs Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-02, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 5 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ,.,, A. Rau Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT -iF=M r0 Name: Parisima H ssani Title: CEO + Managing Principal City Council 3 — 6 9/7/2021 EXHIBIT 3 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Gensler ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 7 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: X,,, A. R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name: Title: City Council 3 — 8 9/7/2021 EXHIBIT 4 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Corgan Inc., a Texas corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-11, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 9 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: damnx A R u Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name: Title: City Council 3 — 10 9/7/2021 EXHIBIT 5 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between SVA Architects Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFCITALS A. The parties entered into Agreement No. A-2020-230-05, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 23 — 11 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: X"'� A. R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT 0 L Na e: Robert M. Simons, AIA Title: resident & Partner City Council 23 — 12 9/7/2021 EXHIBIT 6 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Black, O'Dowd and Associates, Inc., a California corporation doing business as BOA Architecture ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). PEC'IT A I N A. The parties entered into Agreement No. A-2020-230-06, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] Page 1 of 2 City Council 23 — 13 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: d. awa- A. R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name:L,�ZX, Title: Page 2 of 2 &nbsp; City Council &nbsp;23 &ndash;&nbsp;14 9/7/2021 &nbsp; EXHIBIT 7 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING ANI� ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Gruen Associates, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-07, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council [Signatures continue on the next page] CITY OF SANTA ANA Kristine Ridge City Manager Page 1 of 2 City Council 23 — 15 9/7/2021 & APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: XGuut-,:3- Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Title Page 2 of 2 NG MANP61N6 PA97EP .. City Council 23 — 16 9/7/2021 EXHIBIT 8 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Gillis and Panichapan Architects, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-08, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 17 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: c- A. R� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Digitally signed by Jack Panichapan DN: C=US, E=jack@g pa rch itects.org, 0="Gillis + Panichapan Architects, Inc.", CN=Jack Panichapan Date: 2021.08.24 11:22:37-07'00' Name: Longkavach (Jack) Panichapan Title: Principal, CEO City Council 3 — 18 9/7/2021 EXHIBIT 9 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between CAP Architecture Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-09, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 19 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: X,,x A. R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT C,11V� Name: Catherine Peppard, Title: CEO City Council 3 — 20 9/7/2021 DocuSign Envelope ID: 03D55CE0-E2B9-4197-A157-4E886BB48DF7 EXHIBIT 10 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between Ware Malcomb, a California corporati0o'Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-230-10, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] City Council 3 — 21 9/7/2021 DocuSign Envelope ID: 03D55CE0-E2B9-4197-A157-4E886BB48DF7 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: A. k9l� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT DOCUSignedby: '['66& S(hatl,u 0C768E13FF2B4B5... Name Fobi n Sloane Title:CFO / EVP City Council 3 — 22 9/7/2021 Public Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Site License and Lease Agreements with Pacific Shuttles, Inc. AGENDA TITLE Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, Inc. DBA Futura Net, for Bus Passenger Services at the Santa Ana Regional Transportation Center RECOMMENDED ACTION 1. Authorize the City Manager to execute a Site License Agreement with Pacific Coast Shuttles, Inc., DBA Futura Net, to compensate the City $1,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning September 8, 2021, and ending March 7, 2022, with the option to renew of four separate, consecutive, additional one-year renewal periods, exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute a Site Lease Agreement with Pacific Coast Shuttles, Inc., DBA Futura Net, to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning September 8, 2021, and ending March 7, 2022, with the option of four separate, consecutive, additional one- year renewal periods, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an Appropriation Adjustment recognizing Fiscal Year 2021-22 lease income in the amount of $18,000 into the Public Works Agency — SARTC Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency-SARTC Operations, Contract Services -Professional expenditure account. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transit Authority (OCTA), and interstate bus services. It is open to the public seven days a week from 5:00 a.m. to City Council 24 — 1 9/7/2021 Approve Appropriation Adjustment and Agreements with Pacific Coast Shuttles, Inc. September 7, 2021 Page 2 midnight. The facility contains approximately 35,000 square feet of total rental space, including 10 bus bays, of which four are available (four are licensed to OCTA and two are licensed to Greyhound Lines, Inc.). On February 24, 2020, the City released a Request for Proposals (RFP) for bus passenger services at the SARTC. The RFP was advertised on the City's online bid management and publication system and the American Public Transportation Association website. A summary of the proposal invitations and proposals received is as follows: 13 vendors downloaded the RFP 2 proposals received Proposals were received on the March 18, 2020, due date and were evaluated by staff. Evaluation results are as follows, based on a total possible rating of 100: NAME OF RESPONSIVE BIDDER AVERAGE LOCATION RATING Pacific Coast Shuttles, Inc. 85 Los Angeles, CA FlixBus, Inc. 83 Los Angeles, CA The evaluation committee determined that the proposals submitted by both Pacific Coast Shuttles, Inc., and FlixBus, Inc., were responsive to the RFP. Both companies are qualified, reputable and have experience providing bus passenger services. Following the evaluation process, staff entered into negotiations with Pacific Coast Shuttles, Inc., and FlixBus, Inc. Due to the impacts of COVID-19, both companies rescinded their proposals. Recently, Pacific Coast Shuttles, Inc., expressed renewed interested in leasing space at SARTC. Given the current situation, the company amended their proposal to include a reduced monthly rental fee. Staff recommends entering into a lease and license agreement with Pacific Coast Shuttles, Inc., to license one bus bay and lease ticket counter office space for a six-month period, with four one-year renewal options. Pacific Coast Shuttles, Inc., has shown it has the organizational credentials, resources, and experience necessary to meet the City of Santa Ana's desire for quality service. Based on references and the information provided in the proposal, staff has determined that Pacific Coast Shuttles, Inc., will provide quality service at a market rate and, therefore, staff recommends approval of the agreements (Exhibits 1 and 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT With the approval of the requested appropriation adjustment, lease income of $3,000 per City Council 24 — 2 9/7/2021 Approve Appropriation Adjustment and Agreements with Pacific Coast Shuttles, Inc. September 7, 2021 Page 3 month for a total lease income of $18,000 for Fiscal Year 2021-22, will be recognized into the Public Works Agency-SARTC Operations, Rental -Pacific Coast Shuttles revenue account (No. 06717002-53829) and appropriated into the Public Works Agency-SARTC Operations, Contract Services -Professional expenditure account (No. 06717650-62300) for expenditure in Fiscal Year 2021-22. Fiscal Year Accounting Unit- Fund Description Accounting Unit- Amount Account No. Account No. Description REVENUE Regional PWA-SARTC Operations FY 2021-22 06717002-53829 Transportation — Rental -Pacific Coast $18,000 Center Shuttles EXPENDITURE Regional PWA-SARTC Operations FY 2021-22 06717650-62300 Transportation — Contract Services- $18,000 Center Professional EXHIBIT(S) 1. Site License Agreement — Pacific Coast Shuttles, Inc. 2. Site Lease Agreement — Pacific Coast Shuttles, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 24 — 3 9/7/2021 EXHIBIT 1 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA PACIFIC COAST SHUTTLES, INC. DBA FUTURA NET FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES This LICENSE AGREEMENT ("Agreement") by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Pacific Coast Shuttles, Inc. dba Futura Net, a California Corporation (Referred to as "Licensee") is dated as of September 7, 2021 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. Licensee is a provider of interstate bus transportation services throughout the Western United States as well as international travel to various destinations throughout Mexico. B. Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Licensee's bus services ("Transit Services"). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services. AGREEMENTS NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. TERMS 1.1 Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC). Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the non-exclusive use of and access to one (1) bus bay at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). - THE BUS BAY SUBJECT TO THIS LICENSE IS BUS BAY #8 ("License Area"). For a description of License Area see Exhibit A attached hereto and incorporated herein by reference. The parties understand that the City may unilaterally reassign the License for Bus Bay #8 to another bus bay in the future upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. 1.2 Term, Grant of License, Terms of License, Term. City hereby grants to Licensee a non-exclusive license ("License"), during the term of this Agreement, for vehicular and pedestrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. Licensee shall offer patrons the ability to pay in cash or by credit card. 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. At all times, Licensee is required to fully and adequately meet the requirements presented in Licensee's proposal, which is attached hereto as Exhibit B and incorporated herein by reference. The Parties understand that the Licensee is not authorized to begin business operations until the conditions in Section 1.5 of this Agreement have been fully complied with by Licensee. 1.3 Term. This Agreement shall expire in six (6) months from the Effective Date with the option for the City to grant up to four (4) one (1) year renewals, exercisable by a writing by the City Manager and the City City Council 24 — 4 9/7/2021 Attorney, unless terminated earlier in accordance with Section 1.10 of this Agreement. If, at the sole determination of the City, the Licensee has not fully complied with Section 1.5 of this Agreement by January 15, 2021, any rights granted to the Licensee under this Agreement shall terminate, and this Agreement shall be automatically terminated as of that date without any further action by the City. 1.4 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents (defined as follows) or Invitees (defined as follows) from using the Facilities other than for the purposes specified herein. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers or business visitors. The Invitees shall have access, during normal operating hours, to the Licensed Area by way of the common areas of SARTC. Notwithstanding the foregoing, the public and Licensee's Invitees shall not block any paths in ingress or egress or the permitted areas of any other licensee or tenant of SARTC. 1.5 CityApproval of Licensee's Buses. Licensee shall provide the City with documentation listing for each and every bus providing services at the SARTC: (1) Registered owner; (2) VIN number; (3) License plate number; (4) USDOT number; (5) Proof of authorization from the Federal Motor Carrier Safety Administration ("FMCSA"); (6) Proof of insurance; and (7) An annual list of all licensed drivers who may operate the buses, provided that Licensee may utilize drivers not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses and qualifications and the names and qualifications of the substitute drivers are provided to the City within fourteen (14) days. In the event such information is the subject of a request under the California Public Records Act, City will refrain from disclosing personal contact or other information that may be private, but only to the extent permissible under the Act and its interpreting authorities. Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Licensee company name and USDOT number. Licensee agrees that it will provide the City with a list of buses that will use Bus Bay #8 as a precondition for use of the Bus Bays. Any additional buses must be approved by the City prior to beginning service. The use of any non -approved bus at the SARTC by Licensee or Licensee's failure to have the required authorizations from USDOT and FMCA, or any other applicable government or regulatory body, shall constitute a breach of this Agreement and will result in immediate termination thereof. 1.6 Compensation. As consideration for its use of the License Area and related Facilities, Licensee agrees to pay a monthly fee of One Thousand Five Hundred Dollars ($1,500.00) per month ("License Fee") 2 City Council 24 — 5 9/7/2021 for the term of this Agreement. Licensee shall commence the payment of the License Fee on the Effective Date. Such payment shall be made payable to the City of Santa Ana, in advance for each month, and at the following address: 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 10' of the month. The consideration for this License shall be subject to a CPI adjustment annually for the most current period (for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. 1.7 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 use and Licensee shall be responsible for determining 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. 1.8 No assignment of License. The permission, rights and privileges granted hereunder are nonexclusive and nontransferable. Licensee shall not, either voluntarily or by action of law, assign or transfer this License or any obligation, right, title or interest assumed by Licensee herein without the prior written consent of the City. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein, City may at its option, terminate the License pursuant to Section 1.10 below and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee. 1.9 Agreement to Protect and Maintain Facilities. Licensee, on behalf of its Agents and Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the exercise of this License. Licensee shall immediately notify City of any damage or injury to the Facilities caused by its use of the Facilities. No temporary or permanent signs or awning shall be erected or maintained upon or attached to the outside of the premises except such signs which have been approved in advance by City. 1.10 City's Right of Suspension, Termination. City reserves the right to immediately suspend all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement or the Lease Agreement attached hereto as Exhibit C, and incorporated herein by reference. Such suspension or termination shall be effective immediately. City may temporarily suspend access to and use of all or any portion of the License Area for operational, maintenance, repair, security, emergency or other purposes at City's discretion. City will provide Licensee with as much notice as is reasonably possible prior to any such suspension, which notice will include: (a) the date when such suspension of access and use will commence; (b) the anticipated duration of such suspension of access and use; (c) the reason for such suspension of access and use; and (d) that portion of the License Area subject to such suspension of access and use. During such periods of suspension, Licensee will be unable to access, use or operate on that portion of the License Area to which City has suspended access and use. If, during such periods, Licensee desires or needs to continue to operate its bus service, it shall be solely responsible for the provision of the same without the use of that portion of the License Area over which access and use have been suspended. City shall not City Council 24 — 6 9/7/2021 be liable for any cost or damage incurred by Licensee as a result of any suspension of access or use pursuant to this Section 1.10, including, without limitation, any consequential damages resulting therefrom. City shall use reasonable commercial efforts to provide alternate space in the License Area during the period of suspended access and use. Licensee may at any time terminate the license created by this Agreement by prior written notice pursuant to Section 2.1 of this Agreement to the City. 1.11 Compliance with Laws; Regulatory Approvals. Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the Facilities in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties. 1.12 Indemnification. 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 any portion of the Property 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, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment of any settlement or judgment by Covered Parties shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 1.12 shall survive the termination or expiration of this Agreement. 1.13 Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's use of the license area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. 1.14 Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this Agreement, Licensee shall furnish to City certificates of insurance and additional insured status on Licensee's commercial general liability insurance policy, evidencing the foregoing insurance coverages as required by this Agreement. These certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and C. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without notice to City as soon as reasonably practicable or in accordance with policy provisions, whichever is earlier. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate or serve to limit from the provisions for indemnification of City by Licensee under the Agreement. City or its representatives shall at all 4 City Council 24 — 7 9/7/2021 times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within five (5) days of City's request. 2. MISCELLANEOUS TERMS 2.1 Notices, Demands and Communications between the Parties. 2.1.1 Formal notices, demands and communications between Licensee and City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this Section; or (ii) by messenger service for immediate personal delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by written notice to the other Party. 2.1.2 All notices, demands and communications shall be sent, as follows: TO LICENSEE: TO CITY: Futura Net Public Works Agency Attention: Eric Lopez City of Santa Ana 4425 E. Olympic Blvd. 20 Civic Center Plaza (M-22) Santa Ana, California 92701 Attention: Executive Director of Public Works AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 2.1.3 Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, five (5) calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. 2.2 Amendment. With the exception of a reassignment of the License Area as described in section 1.1, this Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 2.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 5 City Council 24 — 8 9/7/2021 2.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. 2.6 Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Orange, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for Orange County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of Orange, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 2.7 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 2.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, except as otherwise specified in this Agreement. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 2.9 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 2.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. All warranties and promises to indemnify shall survive the termination, abandonment, or completion of this Agreement. 2.11 Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement; (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Agreement; and (iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Agreement. 2.12 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. M City Council 24 — 9 9/7/2021 2.13 Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns. 2.14 Authorized Representatives. The person or persons executing this Agreement on behalf Licensee and City warrants and represents that he/she has the authority to execute this Agreement on behalf of that Party and that he/she has the authority to bind that Party to the performance of its obligations hereunder. 2.15 Entire Agreement. This Agreement constitutes the entire and integrated agreement of Licensee and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager FUTURA NET Eric Lopez fl Operations Manag>;;� City Council 24 — 10 9/7/2021 EXHIBIT "A" City Council 24 — 11 9/7/2021 f a �T r' aTr�jjg��}I'A1ibn a=.f. yy Ipp- law Senta'Ana Reg anal sT• 'transpi rts'don ' -- FL - tenter •' Se -Ana Me[rolink! anon i r LkL ' 'a:r- h -wr.. Is rt ` t f �,Ek311F1 � — 4 k Ha are EXHIBIT "B" City Council 24 — 13 9/7/2021 SEALED PROPOSAL FOR RFP 20-032 BUS PASSENGER SERVICES SANTA ANA REGIONAL TRANSPORTATION CENTER DO NOT OPEN WITH REGULAR MAIL City of Santa Ana Attn: Gabriela P. Lomeli Public Works Agency; M-22 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 City Council 24 — 14 9/7/2021 d. Monthly Bus Bay Rental Fee For our Option B: 1 Bus Bay we propose paying the rent of $3,000.00 for the Bus Bay to which we are assigned. II. SCOPE OF SERVICES AND SCHEDULES Futura Net proposes to operate inside of SARTC, with regular departures from 6:00am-10:00pm. Our proposed departure times departing from Santa Ana to the south, with destinations to San Diego, San Ysidro, Otay, Cross Border Xpress, Tijuana Airport, Tijuana Bus Station and cities throughout Mexico are as follows: 6:15am, 7:30am, 8:30am, 9:30am, 10:30am, 11:30am, 12:30pm, 2:30pm, 4:OOpm, 5:OOpm, 6:OOpm, 7:OOpm, 8:OOpm, and 9:OOpm. Our departure times headed north and east from Santa Ana, with destinations to Los Angeles, San Fernando, Las Vegas, Phoenix, El Paso, Bakersfield, Fresno, Stockton, Sacramento, states of Oregon, Washington, are as follows: B:OOam, 9:OOam, 10:00am, 11:00am, 12:OOpm, 1:OOpm, 2:OOpm, 3:OOpm, 4:OOpm, 5:OOpm, 6:OOpm, 7:OOpm, 8:OOpm, 9:OOpm, 10:OOpm. We pride ourselves in our safety record and the consistency of our departure times. Although departure times are subject to change due to extreme traffic conditions and weather conditions, it is rare for our departures to vary dramatically. Futura Net plans to have a total of 30 arrivals and departures per day operating a total of 16 hours per day 365 days of the year, providing service to the traveling public at the SARTC. Our fleet of shuttles allows us to offer a shuttle service for travelers to any local address from the SARTC. Our shuttle service would also compliment the other tenants, as we do in our other locations, to provide for travelers service to and from the doorstep of their house or address that they choose. This largely eliminates the need for taxi, Uber and Lyft services which often impact terminals in the amount of unnecessary motor vehicle traffic. We plan to extend our personalized Shuttle service at the SARTC. As in our other terminals, we would assign a manager on duty at the SARTC to ensure that our operations are running smoothly at all times. III. GENERAL Company Name: Pacific Coast Shuttles LLC dba Futura Net - provides bus and shuttle services. City Council 24 — 15 9/7/2021 9 Sister Company: Futura Bus Net, Inc. - provides ticket sales Purpose of bus service: Our service currently connects travelers between the San Diego/Tijuana area directly through to Los Angeles. The purpose of establishing a terminal in Santa Ana is to reduce the impact of our Shuttle service from our Los Angeles hub and to connect travelers to and from Orange County with our current routes. Connecting SARTC would reduce the burden on our Orange County customers from having to drive to our Los Angeles hub in order to get to their desired destination. Opening a terminal in SARTC would permit more customers to utilize our services as well as providing an additional stop to our current routes. We provide bus service to our more distant locations and Shuttle Service throughout Southern California. Our Shuttle Service departs hourly to provide door-to-door service to our Southern California customers. Customers can be picked up at the SARTC and take a trip to San Diego and either arrive at the San Diego terminal as a final destination or be transported directly to their hotel or residence within certain parameters. Customers can arrive at SARTC and we would transport them directly to their hotel or residence in Orange County. We currently operate the most crossed border in the world, where 25,000 pedestrians cross near our Transit Center in San Ysidro/Tijuana. Many of these pedestrians utilize our Shuttle Service to travel to Los Angeles and Orange Counties. We provide a service to bring as many of those travelers whose final destination is in Orange County, to the city of Santa Ana. Our Shuttle Service will be a boost to the Santa Ana local economy. Anticipated monthly rental amount per bay: We propose to pay $3,000.00 per month for the single bay based upon the rent which we pay in our other locations in the Los Angeles Bus Terminal and the International Transit Center at the San Ysidro Port of Entry. Additionally, we intend to lease a ticketing booth in SARTC as we do in other terminals. The anticipated monthly rental of the booth is $2,000 per month, which will be used to sell tickets from. Our total anticipated rental from SARTC is $5,000 per month. See attachment 3-6: Fee Schedule. At the Los Angeles Bus Terminal, our total lease amount is $6,180.00 per month for our bus bays and our separate booth combined for ticket sales. At the International Transit Center at the San Ysidro Port of Entry, our Bus Bay lease is $1,630.00 per bay and our ticket booth is $2,185.00 per month for a total of $3,815.00 per month. Anticipated destinations: Our anticipated destinations from the SARTC are the following: San Diego, San Ysidro, Otay, Cross Border Xpress, Tijuana Airport, Tijuana Bus Station, Los Angeles, Huntington Park, Fontana, Pacoima, Bakersfield, Fresno, City Council 24 — 16 9/7/2021 1 O Merced, Modesto, Stockton, Sacramento, Redding, Arizona (Phoenix, Tucson), Texas (El Paso), Nevada (Las Vegas), Utah (Saint George, Cedar City, Salt Lake City), Oregon (Medford, Eugene, Salem, Portland), Washington (Tacoma, Seattle, Everett), and Mexico (Chihuahua, Torreon, Fresnillo, Jerez, Zacatecas, Leon, Irapuato, Morelia, Guadalajara, Aguascalientes, Mexico City, Nogales, Ciudad Obregon, Los Mochis, Culiacan, Mazatlan, Tepic). Other transit stops: Futura Net serves numerous transit locations throughout Southern California, including stops in Pacoima, Downtown Los Angeles, East Los Angeles, San Ysidro, Fontana, as well as transit stops throughout Mexico, including Fresnillo, Jerez, Huejucar, Tlaltenango. We also serve transportation locations through our competitive partnerships at numerous other pick up and drop off points. Proposed transportation schedule: Southbound departures every hour at the bottom of the hour. Northbound/Eastbound departures every hour at the top of the hour. Operating from 6:00am until 10:00pm. Total estimated trips per day: 30 On time percentage: 97% Expected ridership daily, monthly, and annually: Our current expected ridership annually is 120,000 riders, which is approximately 6,000 to 12,000 passengers per month depending upon seasonal demand. Our daily demands range from about 225 to 480 passengers daily. Company local address: 4425 E. Olympic Blvd. Los Angeles, CA 90023 Phone: (323)266-2233 Ownership Detailer: Privately held California limited liability company whose Managing Member is Tavin Lopez, Operations Manager is Eric Lopez, Legal services and business consulting by Orloff & Associates APC. Management operations supported by Rafael Lopez. Ticket sales through Futura Bus Net Inc. Account Representative: Eric Lopez Phone: (562)805-3565 Certifications: Bachelor of Science from California State University, Long Beach, Secretary of the Border Transportation Council. City Council 24 — 17 9/7/2021 11 Any recent defaults: No Any recent bankruptcies: No Any lawsuits with station/station manager: No Years in business: Pacific Coast Shuttles LLC - 5 years. Futura Net - 13 years Proof of Insurance: Yes IV. FEE PROPOSAL / FEE SCHEDULE $3,000 per month for the lease of the bus bay Option B - one bus bay only. Proposed additional $2,000 per month for the lease of the ticket booth. See attached 3-6 Fee Schedule V. CERTIFICATIONS/STATEMENTS Attachment 3-1: Non Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification Attachment 3-4: Agreement Statement Attachment 3-5: References Attachment 3-6: Fee Schedule City Council 24 — 18 9/7/2021 12 Appendix ATTACHMENT 3-6: FEE SCHEDULE Certification -1 certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. 1 have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer Fee — Fee shall be based on either Option A or B TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Pglcli \ic LbaA S'nu-4le-s L L( DBA E)hjra, OeJ Item # Bid Item (by Site) Monthly Fee Proposed Annual Fee Proposed Option A 2 Bus Bays $ $ Option B 1 Bus Bay $ $ LnoL4 Sti-Wes LV COMPLETE LEGAL NAME OF COMPANY NESS ADDRESS STREET A !FA rc, ties TAXPAYER I. C iA �i2�d ITY/STATE ZIP AX TURE OF AuTHbR19ED AGENT NAME (PRI T) TITLE T.S/4 If i TL e—S i6D— GY► A/( . 0sAA ,:? 2-5 71J —1 -?-D% ADDRESS PHONE NUMBER CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana — RFP 20-032 Bus Passenger Services at SARTC City Council 2 — 19 9/7/2021 EXHIBIT "C" City Council 24 — 20 9/7/2021 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND PACIFIC COAST SHUTTLES, INC. DBA FUTURA NET FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE AGREEMENT (the "Lease") is dated as of August 17, 2021, by and between the City of Santa Ana, a Municipal Corporation ("Landlord" or "City"), and Pacific Coast Shuttles, Inc. dba Futura Net, a California Corporation ("Tenant"). City and Tenant are sometimes individually referred to as "Party" and collectively as "Parties." reference: EXHIBITS: The following exhibits are attached hereto and incorporated herein by Exhibit "A" The Premises Exhibit `B": License Agreement Exhibit "C" 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 105B, consisting of approximately 580 square feet of interior office space, for the purpose of selling tickets to patrons in order to utilize the Tenant's services (hereinafter referred to as the "PREMISES"). The PREMISES are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 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. TERM: This Lease shall expire six (6) months from the Commencement Date. If, at the sole determination of the City, the Tenant has not fully complied with Section 1.5 of Exhibit "B" attached hereto and incorporated herein by reference, any rights granted to the Tenant under this Lease shall terminate, and this Lease Agreement shall be automatically terminated as of that date without any further action by the City. Tenant acknowledges that a condition precedent to occupancy of the Premises is the following: At all times, Tenant shall provide the Landlord with documentation listing for each and every bus providing services at the SARTC in accordance with the terms and conditions outlined Section 1.5 of Exhibit `B". Notwithstanding Section 20 of this Agreement, Tenant's failure to abide by Section 1.5 of Exhibit `B" constitutes a breach and will result in the immediate termination of this Lease Agreement. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit "C" attached hereto and incorporated herein by reference. These additional lease condition are a material part City Council 24 — 21 9/7/2021 of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to immediate termination. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for four (4) separate consecutive additional periods of one (1) year each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing by the City Manager and Tenant prior to the expiration of the Term or any Extension Period then in effect. 6. RENT: Upon the Commencement Date, if any, (a) Tenant shall pay to Landlord, as rent ("Rent"), throughout the Term, the monthly sum of One Thousand Five Hundred Dollars ($1,500.00) in advance, on the 1st day of each calendar month and continuing through the life of the Term. Tenant shall commence the payment of Rent and other charges payable pursuant to this Lease on the Commencement Date. 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 OFTEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 1 OTH 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 Effective Date of this Agreement. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination 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 on all 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 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 City Council 24 — 22 9/7/2021 termination or expiration of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is 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, FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to (1) construct a wall to separate Suite 105B from the remainder of the Premises such that Suite 105B is a standalone suite, (2) provide general building maintenance, and (3) 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 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. 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 arising from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 13. Intentionally Omitted. City Council 24 — 23 9/7/2021 14. 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 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. 15. LIABILITY INSURANCE: Throughout the Term 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. 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. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: City Council 24 — 24 9/7/2021 i. Tenant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the Landlord upon execution of this Agreement. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. iv. 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. 16. DAMAGE BY CASUALTY: i. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. ii. 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. iii. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair 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). iv. 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 ninety (90) 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 ninety (90) 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. City Council 24 — 25 9/7/2021 17. 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 OF THE PROVISIONS OF THIS LEASE 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. (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. 18. 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. 19. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the operations of the OC Streetcar at SARTC, which is under construction. Such operations may affect the number of parking spaces City Council 24 — 26 9/7/2021 available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots I 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. 20. 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 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 option, shall cause the termination of this Lease immediately. 21. 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. (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. 22. NOTICE: All notices or demands required or permitted to be given or served pursuant to this Lease shall be deemed to have been given or served only if in writing, postage and/or delivery fees pre -paid and shall be sent by U.S.P.S. Certified Mail, Return Receipt Requested or via an overnight (or 2-day) delivery service maintaining a record of delivery (e.g. FedEx or UPS), which notices and demands shall be deemed served when delivered (or when delivery is first attempted and refused), and which notices and demands shall be forwarded to the following addresses: City Council 24 — 27 9/7/2021 TO TENANT: TO CITY: Futura Net Public Works Agency Attention: Eric Lopez City of Santa Ana 5525 E. Olympic Blvd. 20 Civic Center Plaza (M-22) Los Angeles, CA 90023 Santa Ana, California 92701 Attention: Executive Director of Public Works Agency AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 Such addresses may be changed from time to time by either party by serving notice as above provided. 23. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the Premises strictly for the purpose of selling tickets to patrons in order to utilize the Greyhound Transit Services. 24. The Tenant may at any time terminate the Lease by providing the City thirty (30) days advance prior written notice in accordance with Section 22 of this Lease. 25. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 105B 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. (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 City Council 24 — 28 9/7/2021 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. (f) 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. (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. City Council 24 — 29 9/7/2021 (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) 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 on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. (p) 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Public Works Agency PACIFIC COAST SHUTTLES, LLC. DBA FUTURA NET Eric Lopez Operations Manager City Council 24 — 30 9/7/2021 EXHIBIT A THE PREMISES SARTC — Suite 105B EXHIBIT A (Premises) City Council 24 — 31 9/7/2021 EXHIBIT B License Agreement Intentionally Omitted City Council 24 — 32 9/7/2021 EXHIBIT C ADDITIONAL LEASE CONDITIONS • Tenant will provide best -in -class local/regional transportation services to SARTC patrons. • Tenant, at its expense, shall comply with all applicable federal, state, and local laws, ordinances, regulations, rules, and orders with respect to the use of any permitted areas. • Tenant shall maintain all vehicles in neat, clean, mechanically sound, and painted condition at all times. • Tenant shall adhere to a transit schedule and provide on -time pick-up and drop-off to SARTC patrons. • Tenant shall maintain all proper registration for its vehicles. • Tenant shall maintain all proper insurance for its vehicles. • Tenant must meet or exceed all governmental requirements regarding the inspection and maintenance of its vehicles and provide a monthly log upon request. • Tenant shall have a strong financial background with a multi -year successful operating history and the resources to pay any fees promptly and in full. • Tenant shall adhere to all rules and regulations regarding the flow of bus/shuttle traffic at SARTC. • Tenant shall work with SARTC management to ensure all safety protocols are strictly adhered to. • Tenant shall work with SARTC management to manage ridership during peak and high volume hours. • Tenant shall employ best -in -class drivers with all proper credentials necessary to operate a bus/shuttle service. • Tenant shall employee the appropriate security protocols to operate for the public good within a facility of the scale and prominence of SARTC. • Tenant shall receive payment from patrons via cash and/or debit/credit card. • Selected Proposer must ensure their business name and DOT number is clearly identified on all buses accessing SARTC. Buses with a business name and DOT number different from the Proposer will not be allowed. City Council 24 — 33 9/7/2021 • Provide, if any, information regarding online ticket purchase capabilities for patrons. Tenant must notify the City as soon as the Federal Motor Carrier Safety Administration classifies high alert statuses of any reason. City Council 24 — 34 9/7/2021 EXHIBIT 2 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND PACIFIC COAST SHUTTLES, INC. DBA FUTURA NET FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE AGREEMENT (the "Lease") is dated as of September 7, 2021, by and between the City of Santa Ana, a Municipal Corporation ("Landlord" or "City"), and Pacific Coast Shuttles, Inc. dba Futura Net, a California Corporation ("Tenant"). City and Tenant are sometimes individually referred to as "Party" and collectively as "Parties." 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit `B": License Agreement Exhibit "C" 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 105B, consisting of approximately 580 square feet of interior office space, for the purpose of selling tickets to patrons in order to utilize the Tenant's services (hereinafter referred to as the "PREMISES"). The PREMISES are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 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. TERM: This Lease shall expire six (6) months from the Commencement Date. If, at the sole determination of the City, the Tenant has not fully complied with Section 1.5 of Exhibit "B" attached hereto and incorporated herein by reference, any rights granted to the Tenant under this Lease shall terminate, and this Lease Agreement shall be automatically terminated as of that date without any further action by the City. Tenant acknowledges that a condition precedent to occupancy of the Premises is the following: At all times, Tenant shall provide the Landlord with documentation listing for each and every bus providing services at the SARTC in accordance with the terms and conditions outlined Section 1.5 of Exhibit `B". Notwithstanding Section 20 of this Agreement, Tenant's failure to abide by Section 1.5 of Exhibit `B" constitutes a breach and will result in the immediate termination of this Lease Agreement. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit "C" attached hereto and incorporated herein by reference. These additional lease condition are a material part City Council 24 — 35 9/7/2021 of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to immediate termination. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for four (4) separate consecutive additional periods of one (1) year each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing by the City Manager and Tenant prior to the expiration of the Term or any Extension Period then in effect. 6. RENT: Upon the Commencement Date, if any, (a) Tenant shall pay to Landlord, as rent ("Rent"), throughout the Term, the monthly sum of One Thousand Five Hundred Dollars ($1,500.00) in advance, on the 1st day of each calendar month and continuing through the life of the Term. Tenant shall commence the payment of Rent and other charges payable pursuant to this Lease on the Commencement Date. 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 OFTEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 1 OTH 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 Effective Date of this Agreement. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination 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 on all 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 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 City Council 24 — 36 9/7/2021 termination or expiration of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is 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, FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to (1) construct a wall to separate Suite 105B from the remainder of the Premises such that Suite 105B is a standalone suite, (2) provide general building maintenance, and (3) 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 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. 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 arising from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 13. Intentionally Omitted. City Council 24 — 37 9/7/2021 14. 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 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. 15. LIABILITY INSURANCE: Throughout the Term 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. 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. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: City Council 24 — 38 9/7/2021 i. Tenant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the Landlord upon execution of this Agreement. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. iv. 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. 16. DAMAGE BY CASUALTY: i. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. ii. 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. iii. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair 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). iv. 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 ninety (90) 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 ninety (90) 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. City Council 24 — 39 9/7/2021 17. 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 OF THE PROVISIONS OF THIS LEASE 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. (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. 18. 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. 19. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the operations of the OC Streetcar at SARTC, which is under construction. Such operations may affect the number of parking spaces City Council 24 — 40 9/7/2021 available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots I 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. 20. 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 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 option, shall cause the termination of this Lease immediately. 21. 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. (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. 22. NOTICE: All notices or demands required or permitted to be given or served pursuant to this Lease shall be deemed to have been given or served only if in writing, postage and/or delivery fees pre -paid and shall be sent by U.S.P.S. Certified Mail, Return Receipt Requested or via an overnight (or 2-day) delivery service maintaining a record of delivery (e.g. FedEx or UPS), which notices and demands shall be deemed served when delivered (or when delivery is first attempted and refused), and which notices and demands shall be forwarded to the following addresses: City Council 24 — 41 9/7/2021 TO TENANT: TO CITY: Futura Net Public Works Agency Attention: Eric Lopez City of Santa Ana 4425 E. Olympic Blvd. 20 Civic Center Plaza (M-22) Los Angeles, CA 90023 Santa Ana, California 92701 Attention: Executive Director of Public Works Agency AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 Such addresses may be changed from time to time by either party by serving notice as above provided. 23. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the Premises strictly for the purpose of selling tickets to patrons in order to utilize the Pacific Coast Shuttles, Inc. dba Futura Net. 24. The Tenant may at any time terminate the Lease by providing the City thirty (30) days advance prior written notice in accordance with Section 22 of this Lease. 25. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 105B 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. (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 City Council 24 — 42 9/7/2021 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. (f) 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. (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. City Council 24 — 43 9/7/2021 (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) 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 on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. (p) 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Public Works Agency Kristine Ridge City Manager 10 PACIFIC COAST SHUTTLES, LLC. DBA FUTURA NET Eric Lopez Operations Manag City Council 24 — 44 9/7/2021 EXHIBIT A THE PREMISES SARTC — Suite 105B EXHIBIT A (Premises) City Council 24 — 45 9/7/2021 EXHIBIT A THE PREMISES SARTC — Suite 105B LEASE AREA n 13 City Council 24 — 46 9/7/2021 EXHIBIT B City Council 24 — 47 9/7/2021 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA PACIFIC COAST SHUTTLES, INC. DBA FUTURA NET FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES This LICENSE AGREEMENT ("Agreement") by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Pacific Coast Shuttles, Inc. dba Futura Net, a California Corporation (Referred to as "Licensee") is dated as of August 17, 2021 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. Licensee is a provider of interstate bus transportation services throughout the Western United States as well as international travel to various destinations throughout Mexico. B. Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Licensee's bus services ("Transit Services"). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services. AGREEMENTS NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. TERMS 1.1 Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC). Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the non-exclusive use of and access to one (1) bus bay at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). - THE BUS BAY SUBJECT TO THIS LICENSE IS BUS BAY #8 ("License Area"). For a description of License Area see Exhibit A attached hereto and incorporated herein by reference. The parties understand that the City may unilaterally reassign the License for Bus Bay #8 to another bus bay in the future upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. 1.2 Term, Grant of License, Terms of License, Term. City hereby grants to Licensee a non-exclusive license ("License"), during the term of this Agreement, for vehicular and pedestrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. Licensee shall offer patrons the ability to pay in cash or by credit card. 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. At all times, Licensee is required to fully and adequately meet the requirements presented in Licensee's proposal, which is attached hereto as Exhibit B and incorporated herein by reference. The Parties understand that the Licensee is not authorized to begin business operations until the conditions in Section 1.5 of this Agreement have been fully complied with by Licensee. 1.3 Term. This Agreement shall expire in six (6) months from the Effective Date with the option for the City to grant up to four (4) one (1) year renewals, exercisable by a writing by the City Manager and the City City Council 24 — 48 9/7/2021 Attorney, unless terminated earlier in accordance with Section 1.10 of this Agreement. If, at the sole determination of the City, the Licensee has not fully complied with Section 1.5 of this Agreement by January 15, 2021, any rights granted to the Licensee under this Agreement shall terminate, and this Agreement shall be automatically terminated as of that date without any further action by the City. 1.4 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents (defined as follows) or Invitees (defined as follows) from using the Facilities other than for the purposes specified herein. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers or business visitors. The Invitees shall have access, during normal operating hours, to the Licensed Area by way of the common areas of SARTC. Notwithstanding the foregoing, the public and Licensee's Invitees shall not block any paths in ingress or egress or the permitted areas of any other licensee or tenant of SARTC. 1.5 CityApproval of Licensee's Buses. Licensee shall provide the City with documentation listing for each and every bus providing services at the SARTC: (1) Registered owner; (2) VIN number; (3) License plate number; (4) USDOT number; (5) Proof of authorization from the Federal Motor Carrier Safety Administration ("FMCSA"); (6) Proof of insurance; and (7) An annual list of all licensed drivers who may operate the buses, provided that Licensee may utilize drivers not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses and qualifications and the names and qualifications of the substitute drivers are provided to the City within fourteen (14) days. In the event such information is the subject of a request under the California Public Records Act, City will refrain from disclosing personal contact or other information that may be private, but only to the extent permissible under the Act and its interpreting authorities. Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Licensee company name and USDOT number. Licensee agrees that it will provide the City with a list of buses that will use Bus Bay #8 as a precondition for use of the Bus Bays. Any additional buses must be approved by the City prior to beginning service. The use of any non -approved bus at the SARTC by Licensee or Licensee's failure to have the required authorizations from USDOT and FMCA, or any other applicable government or regulatory body, shall constitute a breach of this Agreement and will result in immediate termination thereof. 1.6 Compensation. As consideration for its use of the License Area and related Facilities, Licensee agrees to pay a monthly fee of One Thousand Five Hundred Dollars ($1,500.00) per month ("License Fee") 2 City Council 24 — 49 9/7/2021 for the term of this Agreement. Licensee shall commence the payment of the License Fee on the Effective Date. Such payment shall be made payable to the City of Santa Ana, in advance for each month, and at the following address: 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 10' of the month. The consideration for this License shall be subject to a CPI adjustment annually for the most current period (for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. 1.7 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 use and Licensee shall be responsible for determining 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. 1.8 No assignment of License. The permission, rights and privileges granted hereunder are nonexclusive and nontransferable. Licensee shall not, either voluntarily or by action of law, assign or transfer this License or any obligation, right, title or interest assumed by Licensee herein without the prior written consent of the City. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein, City may at its option, terminate the License pursuant to Section 1.10 below and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee. 1.9 Agreement to Protect and Maintain Facilities. Licensee, on behalf of its Agents and Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the exercise of this License. Licensee shall immediately notify City of any damage or injury to the Facilities caused by its use of the Facilities. No temporary or permanent signs or awning shall be erected or maintained upon or attached to the outside of the premises except such signs which have been approved in advance by City. 1.10 City's Right of Suspension, Termination. City reserves the right to immediately suspend all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement or the Lease Agreement attached hereto as Exhibit C, and incorporated herein by reference. Such suspension or termination shall be effective immediately. City may temporarily suspend access to and use of all or any portion of the License Area for operational, maintenance, repair, security, emergency or other purposes at City's discretion. City will provide Licensee with as much notice as is reasonably possible prior to any such suspension, which notice will include: (a) the date when such suspension of access and use will commence; (b) the anticipated duration of such suspension of access and use; (c) the reason for such suspension of access and use; and (d) that portion of the License Area subject to such suspension of access and use. During such periods of suspension, Licensee will be unable to access, use or operate on that portion of the License Area to which City has suspended access and use. If, during such periods, Licensee desires or needs to continue to operate its bus service, it shall be solely responsible for the provision of the same without the use of that portion of the License Area over which access and use have been suspended. City shall not City Council 24 — 50 9/7/2021 be liable for any cost or damage incurred by Licensee as a result of any suspension of access or use pursuant to this Section 1.10, including, without limitation, any consequential damages resulting therefrom. City shall use reasonable commercial efforts to provide alternate space in the License Area during the period of suspended access and use. Licensee may at any time terminate the license created by this Agreement by prior written notice pursuant to Section 2.1 of this Agreement to the City. 1.11 Compliance with Laws; Regulatory Approvals. Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the Facilities in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties. 1.12 Indemnification. 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 any portion of the Property 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, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment of any settlement or judgment by Covered Parties shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 1.12 shall survive the termination or expiration of this Agreement. 1.13 Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's use of the license area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. 1.14 Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this Agreement, Licensee shall furnish to City certificates of insurance and additional insured status on Licensee's commercial general liability insurance policy, evidencing the foregoing insurance coverages as required by this Agreement. These certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and C. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without notice to City as soon as reasonably practicable or in accordance with policy provisions, whichever is earlier. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate or serve to limit from the provisions for indemnification of City by Licensee under the Agreement. City or its representatives shall at all 4 City Council 24 — 51 9/7/2021 times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within five (5) days of City's request. 2. MISCELLANEOUS TERMS 2.1 Notices, Demands and Communications between the Parties. 2.1.1 Formal notices, demands and communications between Licensee and City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this Section; or (ii) by messenger service for immediate personal delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by written notice to the other Party. 2.1.2 All notices, demands and communications shall be sent, as follows: TO LICENSEE: TO CITY: Futura Net Public Works Agency Attention: Eric Lopez City of Santa Ana 5525 E. Olympic Blvd. 20 Civic Center Plaza (M-22) Santa Ana, California 92701 Attention: Executive Director of Public Works AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 2.1.3 Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, five (5) calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. 2.2 Amendment. With the exception of a reassignment of the License Area as described in section 1.1, this Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 2.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 5 City Council 24 — 52 9/7/2021 2.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. 2.6 Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Orange, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for Orange County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of Orange, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 2.7 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 2.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, except as otherwise specified in this Agreement. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 2.9 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 2.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. All warranties and promises to indemnify shall survive the termination, abandonment, or completion of this Agreement. 2.11 Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement; (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Agreement; and (iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Agreement. 2.12 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. M City Council 24 — 53 9/7/2021 2.13 Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns. 2.14 Authorized Representatives. The person or persons executing this Agreement on behalf Licensee and City warrants and represents that he/she has the authority to execute this Agreement on behalf of that Party and that he/she has the authority to bind that Party to the performance of its obligations hereunder. 2.15 Entire Agreement. This Agreement constitutes the entire and integrated agreement of Licensee and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager FUTURA NET Eric Lopez fl Operations Manag>;;� City Council 24 — 54 9/7/2021 (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) 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 on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. (p) 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Public Works Agency Kristine Ridge City Manager 10 PACIFIC COAST SHUTTLES, LLC. DBA FUTURA NET Eric Lopez Operations Manag City Council 24 — 55 9/7/2021 EXHIBIT "A" City Council 24 — 56 9/7/2021 f a �T r' aTr�jjg��}I'A1ibn a=.f. yy Ipp- law Senta'Ana Reg anal sT• 'transpi rts'don ' -- FL - tenter •' Se -Ana Me[rolink! anon i r LkL ' 'a:r- h -wr.. Is rt ` t f �,Ek311F1 � — 4 k Ha are EXHIBIT "B" City Council 24 — 58 9/7/2021 SEALED PROPOSAL FOR RFP 20-032 BUS PASSENGER SERVICES SANTA ANA REGIONAL TRANSPORTATION CENTER DO NOT OPEN WITH REGULAR MAIL City of Santa Ana Attn: Gabriela P. Lomeli Public Works Agency; M-22 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 City Council 24 — 59 9/7/2021 d. Monthly Bus Bay Rental Fee For our Option B: 1 Bus Bay we propose paying the rent of $3,000.00 for the Bus Bay to which we are assigned. II. SCOPE OF SERVICES AND SCHEDULES Futura Net proposes to operate inside of SARTC, with regular departures from 6:00am-10:00pm. Our proposed departure times departing from Santa Ana to the south, with destinations to San Diego, San Ysidro, Otay, Cross Border Xpress, Tijuana Airport, Tijuana Bus Station and cities throughout Mexico are as follows: 6:15am, 7:30am, 8:30am, 9:30am, 10:30am, 11:30am, 12:30pm, 2:30pm, 4:OOpm, 5:OOpm, 6:OOpm, 7:OOpm, 8:OOpm, and 9:OOpm. Our departure times headed north and east from Santa Ana, with destinations to Los Angeles, San Fernando, Las Vegas, Phoenix, El Paso, Bakersfield, Fresno, Stockton, Sacramento, states of Oregon, Washington, are as follows: B:OOam, 9:OOam, 10:00am, 11:00am, 12:OOpm, 1:OOpm, 2:OOpm, 3:OOpm, 4:OOpm, 5:OOpm, 6:OOpm, 7:OOpm, 8:OOpm, 9:OOpm, 10:OOpm. We pride ourselves in our safety record and the consistency of our departure times. Although departure times are subject to change due to extreme traffic conditions and weather conditions, it is rare for our departures to vary dramatically. Futura Net plans to have a total of 30 arrivals and departures per day operating a total of 16 hours per day 365 days of the year, providing service to the traveling public at the SARTC. Our fleet of shuttles allows us to offer a shuttle service for travelers to any local address from the SARTC. Our shuttle service would also compliment the other tenants, as we do in our other locations, to provide for travelers service to and from the doorstep of their house or address that they choose. This largely eliminates the need for taxi, Uber and Lyft services which often impact terminals in the amount of unnecessary motor vehicle traffic. We plan to extend our personalized Shuttle service at the SARTC. As in our other terminals, we would assign a manager on duty at the SARTC to ensure that our operations are running smoothly at all times. III. GENERAL Company Name: Pacific Coast Shuttles LLC dba Futura Net - provides bus and shuttle services. City Council 24 — 60 9/7/2021 9 Sister Company: Futura Bus Net, Inc. - provides ticket sales Purpose of bus service: Our service currently connects travelers between the San Diego/Tijuana area directly through to Los Angeles. The purpose of establishing a terminal in Santa Ana is to reduce the impact of our Shuttle service from our Los Angeles hub and to connect travelers to and from Orange County with our current routes. Connecting SARTC would reduce the burden on our Orange County customers from having to drive to our Los Angeles hub in order to get to their desired destination. Opening a terminal in SARTC would permit more customers to utilize our services as well as providing an additional stop to our current routes. We provide bus service to our more distant locations and Shuttle Service throughout Southern California. Our Shuttle Service departs hourly to provide door-to-door service to our Southern California customers. Customers can be picked up at the SARTC and take a trip to San Diego and either arrive at the San Diego terminal as a final destination or be transported directly to their hotel or residence within certain parameters. Customers can arrive at SARTC and we would transport them directly to their hotel or residence in Orange County. We currently operate the most crossed border in the world, where 25,000 pedestrians cross near our Transit Center in San Ysidro/Tijuana. Many of these pedestrians utilize our Shuttle Service to travel to Los Angeles and Orange Counties. We provide a service to bring as many of those travelers whose final destination is in Orange County, to the city of Santa Ana. Our Shuttle Service will be a boost to the Santa Ana local economy. Anticipated monthly rental amount per bay: We propose to pay $3,000.00 per month for the single bay based upon the rent which we pay in our other locations in the Los Angeles Bus Terminal and the International Transit Center at the San Ysidro Port of Entry. Additionally, we intend to lease a ticketing booth in SARTC as we do in other terminals. The anticipated monthly rental of the booth is $2,000 per month, which will be used to sell tickets from. Our total anticipated rental from SARTC is $5,000 per month. See attachment 3-6: Fee Schedule. At the Los Angeles Bus Terminal, our total lease amount is $6,180.00 per month for our bus bays and our separate booth combined for ticket sales. At the International Transit Center at the San Ysidro Port of Entry, our Bus Bay lease is $1,630.00 per bay and our ticket booth is $2,185.00 per month for a total of $3,815.00 per month. Anticipated destinations: Our anticipated destinations from the SARTC are the following: San Diego, San Ysidro, Otay, Cross Border Xpress, Tijuana Airport, Tijuana Bus Station, Los Angeles, Huntington Park, Fontana, Pacoima, Bakersfield, Fresno, City Council 24 — 61 9/7/2021 1 O Merced, Modesto, Stockton, Sacramento, Redding, Arizona (Phoenix, Tucson), Texas (El Paso), Nevada (Las Vegas), Utah (Saint George, Cedar City, Salt Lake City), Oregon (Medford, Eugene, Salem, Portland), Washington (Tacoma, Seattle, Everett), and Mexico (Chihuahua, Torreon, Fresnillo, Jerez, Zacatecas, Leon, Irapuato, Morelia, Guadalajara, Aguascalientes, Mexico City, Nogales, Ciudad Obregon, Los Mochis, Culiacan, Mazatlan, Tepic). Other transit stops: Futura Net serves numerous transit locations throughout Southern California, including stops in Pacoima, Downtown Los Angeles, East Los Angeles, San Ysidro, Fontana, as well as transit stops throughout Mexico, including Fresnillo, Jerez, Huejucar, Tlaltenango. We also serve transportation locations through our competitive partnerships at numerous other pick up and drop off points. Proposed transportation schedule: Southbound departures every hour at the bottom of the hour. Northbound/Eastbound departures every hour at the top of the hour. Operating from 6:00am until 10:00pm. Total estimated trips per day: 30 On time percentage: 97% Expected ridership daily, monthly, and annually: Our current expected ridership annually is 120,000 riders, which is approximately 6,000 to 12,000 passengers per month depending upon seasonal demand. Our daily demands range from about 225 to 480 passengers daily. Company local address: 4425 E. Olympic Blvd. Los Angeles, CA 90023 Phone: (323)266-2233 Ownership Detailer: Privately held California limited liability company whose Managing Member is Tavin Lopez, Operations Manager is Eric Lopez, Legal services and business consulting by Orloff & Associates APC. Management operations supported by Rafael Lopez. Ticket sales through Futura Bus Net Inc. Account Representative: Eric Lopez Phone: (562)805-3565 Certifications: Bachelor of Science from California State University, Long Beach, Secretary of the Border Transportation Council. City Council 24 — 62 9/7/2021 11 Any recent defaults: No Any recent bankruptcies: No Any lawsuits with station/station manager: No Years in business: Pacific Coast Shuttles LLC - 5 years. Futura Net - 13 years Proof of Insurance: Yes IV. FEE PROPOSAL / FEE SCHEDULE $3,000 per month for the lease of the bus bay Option B - one bus bay only. Proposed additional $2,000 per month for the lease of the ticket booth. See attached 3-6 Fee Schedule V. CERTIFICATIONS/STATEMENTS Attachment 3-1: Non Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification Attachment 3-4: Agreement Statement Attachment 3-5: References Attachment 3-6: Fee Schedule City Council 24 — 63 9/7/2021 12 Appendix ATTACHMENT 3-6: FEE SCHEDULE Certification -1 certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. 1 have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer Fee — Fee shall be based on either Option A or B TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Pglcli \ic LbaA S'nu-4le-s L L( DBA E)hjra, OeJ Item # Bid Item (by Site) Monthly Fee Proposed Annual Fee Proposed Option A 2 Bus Bays $ $ Option B 1 Bus Bay $ $ LnoL4 Sti-Wes LV COMPLETE LEGAL NAME OF COMPANY NESS ADDRESS STREET A !FA rc, ties TAXPAYER I. C iA �i2�d ITY/STATE ZIP AX TURE OF AuTHbR19ED AGENT NAME (PRI T) TITLE T.S/4 If i TL e—S i6D— GY► A/( . 0sAA ,:? 2-5 71J —1 -?-D% ADDRESS PHONE NUMBER CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana — RFP 20-032 Bus Passenger Services at SARTC City Council 2 — 64 9/7/2021 EXHIBIT "C" Lease Agreement Intentionally Omitted City Council 24 — 65 9/7/2021 EXHIBIT C ADDITIONAL LEASE CONDITIONS • Tenant will provide best -in -class local/regional transportation services to SARTC patrons. • Tenant, at its expense, shall comply with all applicable federal, state, and local laws, ordinances, regulations, rules, and orders with respect to the use of any permitted areas. • Tenant shall maintain all vehicles in neat, clean, mechanically sound, and painted condition at all times. • Tenant shall adhere to a transit schedule and provide on -time pick-up and drop-off to SARTC patrons. • Tenant shall maintain all proper registration for its vehicles. • Tenant shall maintain all proper insurance for its vehicles. • Tenant must meet or exceed all governmental requirements regarding the inspection and maintenance of its vehicles and provide a monthly log upon request. • Tenant shall have a strong financial background with a multi -year successful operating history and the resources to pay any fees promptly and in full. • Tenant shall adhere to all rules and regulations regarding the flow of bus/shuttle traffic at SARTC. • Tenant shall work with SARTC management to ensure all safety protocols are strictly adhered to. • Tenant shall work with SARTC management to manage ridership during peak and high volume hours. • Tenant shall employ best -in -class drivers with all proper credentials necessary to operate a bus/shuttle service. • Tenant shall employee the appropriate security protocols to operate for the public good within a facility of the scale and prominence of SARTC. • Tenant shall receive payment from patrons via cash and/or debit/credit card. • Selected Proposer must ensure their business name and DOT number is clearly identified on all buses accessing SARTC. Buses with a business name and DOT number different from the Proposer will not be allowed. City Council 24 — 66 9/7/2021 • Provide, if any, information regarding online ticket purchase capabilities for patrons. Tenant must notify the City as soon as the Federal Motor Carrier Safety Administration classifies high alert statuses of any reason. City Council 24 — 67 9/7/2021 Public Works Agency www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Agreement with Seaside Ice, LLC AGENDA TITLE Approve an Agreement with Seaside Ice, LLC, dba Ice -America, in an Amount Not to Exceed $875,204, for a Seasonal Ice Rink and Related Services (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice - America, for the installation and operation of a seasonal, portable ice rink and related services, in an amount not to exceed $875,204, which includes the base amount of $795,640 plus a contingency of $79,564, for a six-month term beginning September 7, 2021, and expiring March 6, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The American Rescue Plan is the latest COVID-19 stimulus package approved by the U.S. Congress and includes the Coronavirus State and Local Fiscal Recovery Fund which provides direct funding to local governments to, among other things, promote healthier living environments, outdoor recreation, and socialization to mitigate the spread of COVID-19 in disproportionately impacted communities. To that end, the City of Santa Ana will host an outdoor, family -friendly winter event in the Civic Center for Santa Ana residents and the surrounding community. The event will feature an ice-skating rink, food, holiday decor, and seasonal activities during December 2021. Staff requests approval of an agreement with Seaside Ice, LLC, dba Ice -America for the installation and operation of a seasonal, portable ice rink and additional related services (Exhibit 1). Staff may use existing City contracts for support services such as security and cleaning, and will seek City Council approval for those items in the future as needed. Seaside Ice, LLC, dba Ice -America, has provided ice rink services since 2008 and is the exclusive distributor of the trademarked Ice -World aluminum ice rink system in the U.S.A. and Canada. Because Ice -America is the sole supplier of the Ice -World aluminum ice rink system locally, this agreement will be awarded through an exception to the Competitive Bidding Process. City Council 25 — 1 9/7/2021 Approve Agreement with Seaside Ice LLC September 7, 2021 Page 2 In addition to providing the installation, production, staging, and flooring for this highly engineered system, Ice -America will supply all necessary equipment and labor, experienced ice rink operations staffing, marketing, decorations, lighting, and additional activities. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this project are budgeted and available in the account below. A 25 percent deposit shall be payable to Ice -America upon approval of the agreement and no later than September 23, 2021, a 50 percent payment will be due upon delivery of the equipment in November, and the remaining balance will be due on December 21, 2021. Accounting Fiscal Unit — Fund Accounting Unit, Account Amount Year Account # Description Description Project # American Rescue Plan Act- 18113013- American Parks, Recreation, & 2021-22 62300 Rescue Plan Community Services, $875,204 (22-1343) Act Fund Contract Services - Professional The City expects to recuperate a portion of the event production cost through ticket sales. These revenues will be received into the account below. Accounting Fiscal Unit — Fund Accounting Unit, Account Amount Year Account # Description Description Project # 18102002- American American Rescue Plan Act, 2021-22 57010 Rescue Plan Miscellaneous Recoveries $200,000 (22-1343) Act Fund EXHIBIT(S) 1. Seaside Ice, LLC DBA Ice -America Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Lisa Rudloff, Executive Director — Parks, Recreation, and Community Services Approved By: Kristine Ridge, City Manager City Council 25 — 2 9/7/2021 EXHIBIT 1 AGREEMENT WITH ICE-AMERICA TO PROVIDE AN OUTDOOR HOLIDAY ICE SKATING RINK THIS AGREEMENT is made and entered into on this 7th day of September, 2021, by and between Seaside Ice, LLC, a California limited liability company doing business as Ice -America ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also referred to collectively as "the Parties" or individually as a "Party." RECITALS A. The City desires to retain a Consultant having special skill and knowledge regarding the installation, providing of equipment, and maintenance of a portable outdoor ice-skating rink in the City and to provide support services for operation of this ice skating rink. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall construct, provide all equipment for, and operate a portable outdoor ice rink of 85 feet x 55 feet (4100 square feet) in a location specified by the City and as set forth in detail in Consultant's proposal of August 12, 2021. Consultant's proposal is attached hereto as Exhibit A, and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed $875,204. The sum of this expenditure includes 1) a base amount of up to $795,640; and 2) a 10% contingency in the amount of $79,564 for additional services provided at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work, which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. City Council 25 — 3 9/7/20�1age 1 3. TERM This Agreement shall commence on the date first written above and end on March 6, 2022, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors to obtain and maintain insurance as described below: a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location City Council 25 — 4 9/7/20�1age 2 (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and propertydamage. 3. Workers' Compensation insurance 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. b. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. C. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to 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. d. Other Insurance Provisions- The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City, belected or appointed officers, officials, agents, and employees for losses paid underthe terms of any policy, which arise from work performed by the Instructor for the City. This provision also applies to the Consultant's Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be canceled,except with notice to the City. e. 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. City Council 25-5 9/7/20�1age 3 f. Verification of Coverage- Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. All certificates and endorsements are to be received and approved by the City at least five days before Consultant commences activities. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all City Council 25 — 6 9/7/20�1age 4 work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or City Council 25 — 7 9/7/20�1age 5 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 25 — 8 9/7/20�1age 6 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-571-4211 To Consultant: Seaside Ice, LLC (dba Ice -America) Attn: Scott Williams, Managing Member 807 Sprucelake Drive Harbor City, CA 90710 And Agent for Service of Process: Scott Williams 501 Herondo Street, Suite 56 Hermosa Beach, CA 90254 City Council 25 — 9 9/7/20�1age 7 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. FORCE MAJEURE Should the performance of any act required by this Agreement to be performed by either City or Consultant be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations of any kind including those regarding the COVID-19 pandemic, or any other cause except for financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused, provided, however, that nothing contained in this section shall excuse the performance of any act rendered difficult solely because of the financial condition of the Party, City or Consultant, required to perform the act. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. This Agreement may be signed in counter parts with each part or signature page compiled into one original document. The Parties agree that this Agreement may be signed using an electronic signature by any means that reasonably ensures authenticity. City Council 25 — 10 9/7/20�1age 8 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: Xa)j'nc�_ A. R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager SEASIDE ICE, LLC dba ICE-AMERICA Scott Williams Managing Member City Council 25 — 11 9/7/20�1age 9 EXHIBIT A SCOPE OF SERVICES and FEES/RATES City Council 25 — 12 9/7/2021 portable ice rinKs ICE-AMERICA To: City of Santa Ana Attn: Nabil Saba Executive Director / Public Works 20 Civic Center Plaza Santa Ana, CA 92701 nsaba@santa-ana.org Date: August 12th, 2021 Subject: Santa Ana Outdoor Holiday Ice Skating Rink Proposal Dear Nabil: Thank you for the opportunity to present a proposal for a turnkey portable ice rink and related operations to the City of Santa Ana. It was a pleasure to meet with you about the project and we welcome the opportunity to discuss the ice rink further at your convenience. We have included our general proposal below for discussion purposes and as a framework for an agreement for services. Part One of the proposal includes our exclusive Ice -World trademarked aluminum ice rink elements the ice rink dasher boards, all necessary equipment and labor, as well as our other exclusive products and experienced ice rink operations staffing. Part Two of the proposal focuses on event enhancements, including marketing, decorations, lighting, additional activities, a market, and food and beverage components. All items are optional and can be selected or modified as requested. The proposal is based on a service for fee model as per our discussion. The pricing shown is valid for the project if we enter an agreement and deposit by September 1st for a November -January seasonal ice rink. Please let us know if you have any questions or would like any more information. We look forward to hearing from you. Best regards, Scott Williams Managing Member Seaside Ice, LLC DBA Ice -America 807 Sprucelake Drive, Harbor City, CA 90710 1 Tel: 323-776-9423 swilliams @ice-america. com City Council — 13 9/7/2021 'A AW'14 *W 0 portable ice rinKs ICE-AMERICA I. Ice -America Qualifications and Experience Background: Ice -America is the exclusive distributor of the Ice -World aluminum ice rink system in the U.S.A. and Canada. This highly engineered system by Ice -World is annually installed in over 600 locations world-wide, and Ice -America has the full support of the Ice -World engineering team. In addition, All Access Staging & Productions is Ice - America's partner, providing staging and flooring expertise, as well as warehousing, installation, and production support. Ice -America is a dba of Seaside Ice, LLC, and has been providing ice rink services as outlined in this proposal since 2008. In addition, our principals have been producing ice skating rink events since 1997. Our partner Ice -World has been operating ice rinks since 1996. Sample of Ice -America Rinks: • Kings Island - Cedar Fair Parks Contact: Jamie Gaffney 513-754-5718 • Feld Productions - Disney On Ice Contact: Roy Fullgrapp 941-737-2978 • The Rink at The Cosmopolitan of Las Vegas Contact: Fedor Banuchi 702-698-7134 • The Rink in Downtown Burbank Contact: Marissa Minor 818-238-5170 • Temecula On Ice at Old Town Temecula Contact: Dawn Adamiak 951-693-3947 • LEGOLAND (theme park attraction) Contact: Laura Lee Juliano 760-918-5452 • Navy Pier, Chicago (winter wonderland) Contact: Patrick Gardner 312-595-5038 • SeaWorld Orlando (ice show rink) Contact: Cindi Miller 407-370-1334 • The Classic Center & UGA Hockey Team (NHL hockey rink) Contacts: Paul Cramer 706-208-0900 John Hoos 706-255-7485 • The Ice Rink at South Shore Alameda Contact: Michael Liberatore 510-521-8100 • Reno Aces Contact: Eric Edelstein 775-334-7023 • Downtown Oakland Contact: Andrew Jones 510-384-7874 807 Sprucelake Drive, Harbor City, CA 90710 3 Tel: 323-776-9423 swilliams @ice-america. com City Council — 15 9/7/2021 portable ice rinKs ICE-AMERICA • Port Angeles Regional Chamber Contact: Marc Abshire 360-452-2364 • The Oregon Garden Contact: Christine Diacetes 503-874-2510 • City of Hillsboro Contact: Iris Ringer 503-615-3410 • Santa Anita Racetrack Contact: Leonardo Marcos 626-574-6486 • Tahoe City PUD Contact: Kay Berntson 530-580-6050 • Promenade Ice Chalet Contact: Cortney Medak 310-541-0688 x504 Events Produced & Promoted by the Ice -America Team: Brian Boitano Skating Spectacular (NBC) All That Skate (NBC) - Staples Center World Figure Skating Championships - Staples Center The American Open Pro Figure Skating Championships (Comcast) Champagne On Ice Skate of Champions Beverly Hills On Ice Client Comments: 1 truly enjoyed working with you and your team -you guys are top notch. Very professional, kind, easy to work with and you delivered on every single aspect of this project as agreed. In fact, Ice -America exceeded my expectations on several occasions throughout the entire project; 1 genuinely appreciate the sense of teamwork we developed over the pastyear. I hope we get to work together again soon. Laura Lee Juliano I Entertainment & Events Manager LEGOLAND® California Resort UGA Hockey Coach John Hoos: "....the ice system you have pioneered and thatyou continue to perfect allowed me bring a viable ice system to The Classic Center, and the system is large part of what allowed the idea of quick ice install and removal in very busy exhibition hall to be approved by the center and the city, and become reality .... It is the professionalism, knowledge, and execution of all of the claims of the Ice World system by Ice America, along with the dedication and work ethic of all ofyou which has made this 20+ year vision of hockey in Athens a reality." 807 Sprucelake Drive, Harbor City, CA 90710 4 Tel: 323-776-9423 swilliams @ice-america. com City Council — 16 9/7/2021 portable ice rinKs CE- MERICA PART ONE - Proposal: Santa Ana Outdoor Holiday Ice Skating Rink II. Scope of Services General Layout Drawings: santa ana ice rink model 807 Sprucelake Drive, Harbor City, CA 90710 5 Tel: 323-776-9423 swilliams @ice-america. com City Council — 17 9/7/2021 portable ire rinks CE- MERICA 1 aoae�aua6 r - £ ~ � Y is ' '3 O _ y i Y Y + k � sagingoe 807 Sprucelake Drive, Harbor City, CA 90710 Tel: 323-776-9423 swilliams @ice-america. com City Council — 18 9/7/2021 portable ice rinKs ICE-AMERICA Ice Rink Description and Specifications Ice -America proposes to install a portable outdoor ice rink for the City of Santa Ana, to operate from December 8, 2021 - January 2, 2022, including the following criteria and for the included fee schedule. Dates / Hours of Operation: Open December 8, 2021 - January 2, 2022 11:OOam - 10:OOpm Daily 2:30pm to 9:30pm on School Days Location: City Hall Plaza of the Flags 20 Civic Center Plaza, Santa Ana, CA 92701 Rink size: 82' x 50' = approx. 4,100 sq.ft. (subject to location space) Capacity 164 skaters (1 per 25 square feet maximum) Principals/Project Manager/Marketing/Technician: Scott Williams / Phil Valentine / Mark Scheff / Azumi Williams / JD Uhls Equipment and Services The following equipment and services will be provided by Ice -America: - Design and build substructure for ice rink will be executed by our partner, All Access Staging & Productions. - Air-cooled refrigeration system/ pump/ hoses/ expansion tank will be provided by and include 24-hour on -call service from Aggreko, United Rentals, or similar. - Optional Generator for refrigeration system included in estimate and fuel for generator provided by host. - Insulation and vapor barriers. - Modular railing system with clear Plexiglas facing towards the rink with room to display signage upon approval from City of Santa Ana. - Ice rink maintenance equipment, including a Sport Ice electric resurfacer or Design Form Model B resurfacer, used multiple times daily and as needed. - Ice rink freezer system (approx. 50 x 82) using the Ice -World aluminum tubing system, headers, and equipment. 807 Sprucelake Drive, Harbor City, CA 90710 7 Tel: 323-776-9423 swilliams @ice-america. com City Council — 19 9/7/2021 portable ice rinKs ICE-AMERICA Rental ice skates, high quality Roxa brand with easy to use buckles and strong support, approximately 300 pairs of various sizes, sharpened, ready - to -skate, with sharpener and services on site as needed during the run of the event. Skate change area with benches, outdoor carpet, and rubber flooring covering approximately 2,000 square feet. Skate trailer unit and tent for ticket sales, storing and distribution of skates, and office. Cash register equipment including POS system with capability to handle cash, credit card and online sales; software specifically designed for our industry. All tools, equipment and supplies for set-up, strike and maintenance. All Professional Supervision and General Labor for set-up and strike. Refrigeration Technician on -call 24 hours during entire term. General set-up and finish -out metal -frame covering over rink wall header, including Ice -World modular header covers. Clear Plexiglas sides with smooth inside finish of rink perimeter. Turf/carpet to finish perimeter/edge with black skirting covering substructure. Sound/public address announcements and playback of holiday music, and popular music. Rink Manager during entire term, trained and experienced in liability protection. All equipment and amenities to be installed and ready for test of equipment and facilities, twenty-four (24) hours in advance of grand opening. Operation of public skating sessions. Hours of operation to be determined but no longer than 10:00am until 11:00pm unless agreed by all parties. Professionally designed and installed liability signage and waiver release forms for every participant. Online waiver system and tablet kiosks for waiver completion on site. Professional Support Services including Consultation for Event Planning and execution by our experienced event planning team. Bobby the seal & Tommy the reindeer - Skating Aids: Unique to Ice -America, we include in this proposal 30 of our Bobby the seal and Tommy the Reindeer Skating Aids. In addition to increasing safety and lowering the number of accidents, these aids add value to the event by creating a better experience. And based on previous ice rinks, when rented at $8-$10/session they add up to $2 in additional revenue per skater, lowering the cost for a quality ice rink for the City of Santa Ana. 807 Sprucelake Drive, Harbor City, CA 90710 8 Tel: 323-776-9423 swilliams @ice-america. com City Council — 20 9/7/2021 portable ice rinKs ICE-AMERICA III. Turnkey Management and Day -to -Day Operations Ice -America will provide professional on -site management, experienced in customer service, liability -prevention and public safety. Our staff is well trained (see training manual) in our guidelines to make ice skating a fun and safe experience for all participants. Description: Ice -America staff wears professional uniforms at all times, including black pants, blue Ice -America shirts and blue Ice -America jackets. Public safety announcements are made regularly and holiday music is part of our experience. Our cash register equipment is an industry -specific POS system, and our staff is trained to operate the POS efficiently and effectively. Ice -America rinks designate an experienced staff member to handle coordination of group sales and special events. This includes handling phone calls, scheduling groups, and planning and overseeing special events. Our team is trained to operate the professional sound equipment and radio, cordless microphone, and to make public address announcements. Operations Revenue: In this proposal, all revenue associated with the ice rink venue will be retained by the City of Santa Ana. IV. Operations Experience Since 2008, Ice -America has been operating outdoor seasonal ice rinks in California. Years Operating Seasonal Ice Rinks: Ice -America has eleven years of experience operating seasonal ice rinks, along with our partner Ice -World, with over 20 years of ice rink operations experience. Related Operations Experience: Ice -America principals and project managers have been operating public events since 1997. Please see list above in "Ice -America Qualifications & Experience," for examples and references. Materials: Our online video shows Ice -America ice rink operations. We have ice rink equipment brochures, a rink marketing plan, safety manual, employee handbook, and pictures of mobile office, ice rink operations, staff and POS systems operations. 807 Sprucelake Drive, Harbor City, CA 90710 9 Tel: 323-776-9423 swilliams @ice-america. com City Council — 21 9/7/2021 portable ice rinKs ICE-AMERICA V. Technical Approach and Timeline Ice -America uses a detailed project management approach to every ice rink project. Our team is capable of managing multiple projects through our systems engineering and support system partners. Approach: Please see attached site plan showing the proposed technical layout. This plan takes into account traffic flow, equipment placement safety, ADA requirements, and building code requirements. Ice -America rinks are installed under the supervision of one of our trained ice rink engineers. Safety and professional quality are considered throughout the process. This is achieved through using only best quality equipment and following all applicable safety procedures during installation and operations. The Production Timeline ensures that all schedules are coordinated and tasks occur in the correct order. This document will expand as particular vendor schedules are added and deliveries are scheduled. The Project Management Timeline includes major tasks and due dates, ensuring timely coordination of deliverables. The PMT will expand as more information is available. Production Timeline (Preliminar Oct 1 Site drawings finalized Applications submitted for required license & permits Begin Marketing Plan actions (continue as per schedule) Nov 10 Final production schedule due Nov 29 Begin load -in / Final equipment check and load ice gear onto trucks Nov 30 Install substructure and insulation Dec 2 Install ice elements and boards Dec 3 Begin making ice, Install mobile office Dec 4 Install lights and sound Install rental skates and Bobby skating aids, Continue making ice Dec 5 Finish custom build -out carpentry Dec 7 Ready and walk-through check Dec 7 Available for ceremonies or private events during training day Dec 8 Open for business through Jan 2 Daily meetings with staff, Weekly meeting to assess statistics Jan 2 Close Jan 6 Begin load -out Jan 13 End load -out, property returned to original state 807 Sprucelake Drive, Harbor City, CA 90710 10 Tel: 323-776-9423 swilliams @ice-america. com City Council — 22 9/7/2021 portable ice rinKs ICE-AMERICA VI. Strategic Marketing Marketing Plan: The available Ice -America Marketing Plan describes in detail the marketing strategy, research, components, deliverables, and budget requirements we recommend for a successful holiday ice rink event. The strategy involves Advertisement Creation and Schedule, Media Sponsor Partners, Public Relations & Social Media, Program Schedule, Sponsorship, and Group Sales & Community Outreach. In addition to ads in local publications and social media, it is especially important to identify and solicit Media Sponsor Partners, develop a strong Program Schedule with interesting themes, identify and solicit Corporate Sponsors, and to initiate Group Sales and Community Outreach efforts to local groups, schools, clubs, and organizations. Marketing Schedule: For sponsorship sales, it is helpful to start six to twelve months before the event. Advertising plans should be in place by September 1st with activity commencing no later than November 1st. Event Goals: Our suggested Attendance goal for the first season is 14,000 skaters. This will require a strong marketing and advertising program and exposure from Media Sponsor Partners and others. Publicity benefits include increased positive exposure for Santa Ana, through news stories and media. Statistics will be compiled from all ticket sales and tickets used (give-aways & donations) through our POS and waiver software systems and general accounting methods. All tickets will be numbered and accounted for internally. Reports will be generated and shared with the City of Santa Ana. VIII. City of Santa Ana Requirements Financial: Budget The Ice -America event budget for the proposal is included below. The actual scope of work to be determined through discussions. 807 Sprucelake Drive, Harbor City, CA 90710 11 Tel: 323-776-9423 swilliams @ice-america. com City Council — 23 9/7/2021 portable ice rinKs ICE-AMERICA Fee Schedule • 25% deposit to reserve by September 23, 2021 for listed pricing • 50% payment upon delivery • 25% payment mid -season (December 21, 2021) Location & Utilities: Site Access to and usage of a suitable location for the ice rink installation and operation. *Security Overnight and daytime security (one guard 24/7 for the rink, and one optional guard for the entire event) is listed under Options in the Ice -America pricing estimates to ensure the ice rink equipment is safe and to limit liability. Alternatively, the City could provide security directly. Electrical Power The ice rink event will require a sufficient electric power source: 3-Phase, 480-Volt, 800 Amps total. 600 Amps will be necessary for the refrigeration chiller and the additional power can be delivered as 400 Amps at 220V (or 200 Amps at 208/220V & 200 Amps at 110V) for lighting, sound, office trailer, resurfacer charger, etc. The above power can either be provided by the City, or as listed in the Budget Options, provided by Ice -America with a generator. Water Access to two landscaping water nozzles is required. During the initial flooding of the ice it is beneficial to have access to a fire hydrant. Wifi Connectivity City to provide WiFi access points for Ice -America POS and waiver online systems. Toilets, Trash & Cleaning Public access to the adjacent toilets during operating hours, or portable toilets provided by the City, or requested additionally from Ice -America. Trash services and daily cleaning services of the plaza provided by the City. Seating, Tables, and Canopy City to provide picnic tables and any desired canopies for patrons, or they can be provided as per the enhancements pricing budget. 807 Sprucelake Drive, Harbor City, CA 90710 12 Tel: 323-776-9423 swilliams @ice-america. com City Council — 24 9/7/2021 portable ice rinKs ICE-AMERICA First Aid Station and Fire Department Review to be provided by the City. ADA Access City to provide means for ADA access to/from the event location. Signage/Wayfinding City to provide event signage for event awareness and wayfinding. Parking City to provide parking for Ice -America and subcontractor staff and crew during event dates and install/removal. 807 Sprucelake Drive, Harbor City, CA 90710 13 Tel: 323-776-9423 swilliams @ice-america. com City Council — 25 9/7/2021 p13rtal3l" iCle rinks CE- MERICA Ice Rink Budget Pricing: portable ice rinKs 807 Sprucelake Drive ICE AMERICA Harbor City, CA 90710 Production Price List 323-776-9423 Ice Rink 1.4 PRICE LIST / PRODUCTION BUDGET CATEGORY SUMMARY Project No: Ice Rink Production Price List 1.4 Prepared By: SWW Product: Ice Rink Production Title: Santa Ana Holiday Ice Skating Rink Date: 7/2 Purpose: recreational ice rink installation Production Dates: TBD Revised: 8/12 Location: Plaza of the Flags, Ovic Center, Santa Ana, CA Actual: Open Dates: Dec 8, 2021 - ]an 2, 2022 PRODUCTION DESCRIPTION: Production of portable ice rink & ancillary equipment Shipping & transportation, installation, training Included Production elements: Ice Resurfacer, Chiller rental Included: Lighting and sound equipment for ice rink NOTES: Also included options: ice rink operations and maintenance ASSUMPTIONS: Budget is based on ice surface size: 82' x 50' Not included in this budget: tax, permits, optional electricity, water, wi-fi connectivity, security toilets, trash, daily cleaning service, first aid, tables/chairs/canopy (for eating), event signage, ADA access, on -site storage, crane (if neede EXPENSES• Unit Price No. Term Total Price ❑1 Portable Ice Rink Portable Ice Rink $ 0.69 Pump 1,610 Glycol, Liner, Insulation $ 1.93 Resurfacer-electric $ 1,530 Snow Melt Equipment $ 250 Q2 Chiller Rental Chiller rental package $ 95 Delivery, install, pickup $ 1,950 3❑ Dasher Boards PE Transparent $ 2.45 ®Other Ice Rink Equipment Skates $ 3.75 Helmets $ 2.05 Skate Rack $ 31 Skate Rack Shelves $ 15 Skate Sharpener $ 135 Extra thick plastic sheet $ 0.25 Skate aid "Bobby' & "Tommy' $ 25.50 �5 Installation, Training, Transportation Rink installation $ 3,250 Production fee $ 24,900 Hotel for install crew/mgr $ 125 Shipping & Trucking $ 1,975 ©Site Build -Out $ 46,395 4100 8 $ 22,632 provision of: 82' x 50' ice surface = approx. 4100 sq.ft includes ICE -WORLD ice rink elements, headers, header covers 1 1 $ 1,610 sytem pump for glycol, etc. 4100 1 $ 7,913 glycol, plastic sheet, insulation 1 8 $ 12,240 small electric ice resurfacer 1 8 $ 2,000 Heatrex heating element & melt trough for snow melting $ 32,400 200 1.50 $ 28,500 monthly rental of chiller, pump, tank, extra cables & equipment 2 1 $ 3,900 delivery, installation, removal, startup $ 5,194 265 8 $ 5,194 recreational clear skating boards x number of feet $ 15,785 250 8 $ 7,500 Roxa skates w/buckles 30 8 $ 492 helmets (s, m, 1) 6 8 $ 1,488 portable skate racks - collapsing with wheels 1 8 $ 120 shelves for in between portable racks 1 8 $ 1,080 EZ-Sharp or Wissota 4100 1 $ 1,025 square feet required - for events only 20 8 $ 4,080 provision of skating aid "seal" and "reindeer" $ 52,300 3 2 $ 19,500 Rink installation supervisors & labor (in/out) / warehouse 1 1 $ 24,900 travel, legal & admin, production for install/removal/maintenance $ - local - no load -in and load -out hotel 2 2 $ 7,900 estimated trucking/shipping ice rink equipment Skate lace area rubber mats $ 2.70 1250 1 $ Office trailer $ 1,750 1 2 $ Tents $ 1,500 2 1 $ Benches $ 20 10 5 $ Railing / Barricade $ 16 18 5 $ 63,263 3,375 estimate for skate lace area rubber mats 3,500 8' x 12' ticket office trailer 3,000 tents for skate rental & waivers w/lighting 1,000 benches for skaters 1,463 3' sections Leveling Options Platform $ 0.75 4500 5 $ 16,875 rental for specialized ice rink low scaffolding platform Installation $ 3.25 4500 1 $ 14,625 supervisors & labor for platform Skate lace area finish work $ 12.50 750 1 $ 9,375 ramps & rink platform carpentry, skate lace area finish work Shipping & Trucking Platform $ 1,675 3 2 $ 10,050 estimated trucking/shipping for platform �7 Rink Lighting/Sound $ 10,595 Rink Sound package $ 295 1 5 $ 1,475 (6) outdoor speakers, console, amplifier, cd player, mp3 player cordless mic, cables Rink Lighting package $ 1,824 1 5 $ 9,120 LED Colorblast Powercore programmable lights, truss, board, light strings 807 Sprucelake Drive, Harbor City, CA 90710 14 Tel: 323-776-9423 swilliams @ice-america. com City Council - 26 9/7/2021 p13rt4col3l" iCle rinks CE- MERICA Ice Rink Budget Pricing (continued): ® Operations Setup & Training Fee $ 9,725 1 1 General Manager fee $ 3,225 1 5 Maintenance fee $ 2,395 1 5 Weekly operations staffing fee *Estimated payroll $ 5,925 1 4 Housing for GM & Ice Tech $ 950 2 6 Operations liability insurance $ 0.75 2500 4 Security $ 35.00 Other $ 1,750 1 1 �A BASIC HOLIDAY ICE RINK PRODUCTION © HOLIDAY ICE RINK PRODUCTION W/SITE BUILD -OUT & LIGHTING IJ HOLIDAY ICE RINK PRODUCTION W/SELECTED OPERATIONS L OPTIONAL ADD -ON EXPENSES MM Qoptional Security Rink Security $ 35.00 200 7 Event Security $ 35.00 200 $ 82,175 $ 9,725 staff hiring, training, uniforms, management $ 16,125 GM weekly rate (60 hrs/wk) $ 11,975 Ice Tech Mgr weekly rate (60 hrs/wk) $ - variable staffing payroll fees $ 23,700 *variable estimated billed payroll (subject to change based on attendance/hr $ 11,400 to be determined or provided by sponsor $ 7,500 estimate special event insurance to operate ice rink at $ .75/skater $ - SEE BELOW: required 24/7 security staff from load -in through load -out 1,750 container rental, etc. 152 074 includes items listed in 1-5 totals above only $ 225,932 includes items listed in 1-7 totals above only $308,107 includes items listed in 1-8 totals above only $ 49,000 $ 49,000 required 24/7 security staff (1 person) from load -in through load -out $ - included in Event budget 10 Optional Power $ 38,900 Electricity Generator $ 37 500 1 $ 18,500 monthly rental of 500kva generator Estimated Fuel $ 4 850 6 $ 20,400 estimated weekly gallons of diesel fuel D❑ HOLIDAY ICE RINK PRODUCTION W/OPERATIONS, SECURITY & POWE 396 007 includes items listed in all totals above only Please check all requested services and include signature below. 25% deposit due to reserve. 25% due one -month prior to delivery. 25% due after opening, 25% due mid -season.. Signature: DIRECT ALL INQUIRIES TO: Scott Williams to I: 310-323-776-9423 e-mail: swilliams@ice-amedca.com Orgnanization: Date: MAKE ALL CHECKS PAYABLE TO: Seaside Ice, LLC - dba Ice -America Attn: Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 We also accept Visa, Mastercard for an additional fee Legal: Estimate is subject to change. Lessee is responsible for any applicable state & local taxes that may be due. *Estimated payroll hours billed at $25.00 per hour 807 Sprucelake Drive, Harbor City, CA 90710 15 Tel: 323-776-9423 swilliams @ice-america. com City Council — 27 9/7/2021 portable ice rinKs CE- MERICA Ice Rink Pro Forma Scenarios: Ice -America Proforma Worksheet Proforma ASSUMPTIONS: SCENARIO A Days/Week 7 Average Capacity/Day 400 Average Ticket Price $18 # Weeks 4 Production/Capitalization $308,107 Weekly Operating Exps (other) TBD Bobby income per cap $2.00 Sponsorship $25,000 ATTENDANCE Total Average Weekly Attendance: REVENUES SKATING INCOME - SKATING AID BOBBY INCOME - SPONSORSHIP EXPENSES OPERATING (Electricity) PRODUCTION / CAPITALIZATION PROFIT/LOSS: ASSUMPTIONS: SCENARIO B Days/Week 7 Average Capacity/Perf 550 Average Ticket Price $18 # Weeks 4 Production/Capitalization $308,107 Weekly Operating Exps (other) TBD Bobby income per cap $2.00 Sponsorship $50,000 Scenario A 11,200 Scenario B 15,400 2,800 3,850 4 weeks $201,600 4 weeks $277,200 $22,400 $30,800 $25,000 $50,000 TOTAL INCOME: $249,000 $358,000 To be determined To be determined ($308,107) ($308,107) TOTAL EXPENSES: ($308,107) ($308,107) ($59,107) $49,894 807 Sprucelake Drive, Harbor City, CA 90710 16 Tel: 323-776-9423 swilliams @ice-america. com City Council — 28 9/7/2021 portable ice rinKs ICE-AMERICA IX. Included Materials Video: See Ice -America Video on our website at www.ice-america.com. Video includes Ice - America rinks, operations, staff, equipment, and Bobby skating aid. Other Ice Rink Materials: Ice -America brochure, Bobby & Tommy skating aid and accessories brochure Operations Materials Available: Ice -America marketing plan, safety manual, employee handbook, and pictures of mobile office, ice rink operations, staff and POS systems operations. X. Required Permits and Licenses Business License: Ice -America will maintain a valid business license for the City of Santa Ana during the term of the agreement. Permits: Ice -America will work with the City to acquire all permits necessary for the installation and operation of the portable ice rink event, including but not limited to; Use Permit, Fire Permit. XI. Safety Record Ice -America has an outstanding business safety record, and complies with all existing Federal, State, and CAL OSHA laws and requirements. An industry specific safety manual and training program are included in our training and services. XII. Additional Rink Specifications: 1) size to be 25 meters x 15 meters (approximately 82' x 50', 4100 sq. ft.) 2) 15 Aluminum Elements tubular paneling (15, 25m long x 1m wide = 82' x 50') 3) Insulation 1" thick 4) Aluminum corner L-profiles; edge height 7cm (70mm) to run perimeter of rink, overlapping included 5) 4" Aluminum Header complete with all fittings. 4" camlock couplings with 4" reinforced EPDM pressure and suction hoses 6) 4" Flex Hose Transmission lines - approx. 250' run 7) Header Covers 8) Pressure & leak test of transmission lines & piping 9) 24-hour On call Technical Support 807 Sprucelake Drive, Harbor City, CA 90710 17 Tel: 323-776-9423 swilliams @ice-america. com City Council — 29 9/7/2021 portable ire rinKs CE- MERICA 10) Installation: set up, connection, ice making 11) Dismantling: shut down, disconnection, cleaning, draining, folding, loading 12) Shipping Dasher Boards: PE Style 1) 42" high x 2" wide recreational style structural aluminum frame 2) 50' x 82' perimeter 3) Two double -doors: one of 2m (6.6') one of 1m (3.3') 4) One (1) double -door equipment gate: 3m (10') wide 5) 1/4" thick x 42" high clear poly facing on all rink panels 6) 1/z" thick x 8" high polyethylene kick plate- white 7) 1/z" thick 2" wide polyethylene handrail- white 8) 3/4" UHMW polyethylene wear plates on the bottom of all door thresholds 9) All necessary hardware, fasteners, and anchors to provide a complete system 10) Includes Freeze -In Plate anchoring system Chiller & Generator: Model & Performance Data 1) 657,000 BTUH, Semi Hermetic Compressor, 200 nominal ton with 100 tons of cooling capacity, 1 x 50 Hp 2) Microprocessor Controller; On- Off switch for control circuit operation and automatic compressor lead lag on dual circuit units 3) 24V Control Transformer 4) Water Flow Switch, Pump Differential Sensor 5) Return Fluid sensing thermostat 6) Direct drive Condenser Fan Motor 7) Industrial Standar Glycol Pumps — 7.5 Hp, skid mounted. Able to run mono - propylene -glycol. External, 1 Primary 8) 100 tons @ 95 degrees F Ambient @ 44 degrees f LFT 9) Standard Supply of 12 degrees F, 16 degrees return and Capable Supply 5 degrees F, return 10 degrees F 10) 38% mono -propylene glycol @ 010 degrees C Evaporator 1) Shell and Tube heat exchanger 2) Maximum Flow Rate 360 gpm 3) Design Flow Rate 240 gpm 4) Minimum Flow Rate 120 gpm 5) Demineralized Water Volume JS gal 32 6) Maximum Pressure 150psi 807 Sprucelake Drive, Harbor City, CA 90710 18 Tel: 323-776-9423 swilliams @ice-america. com City Council — 30 9/7/2021 portable ire rinKs CE- MERICA Connections 1) Field materials, valves and fittings 2) Evaporator Flange 4" for 4" camlocks and 4" hoses. 5" insulation on all water and refrigerant lines Regrigerant 1) R 404 mono -propylene glycol low temp refrigerant 2) 4, 425 gallon totes of mono -propylene glycol and demineralized water, a 38% propylene glycol demineralized water solution to run rink tubing, chiller system & tank 3) Anti foam bacterial disinfector: Bio 100 4) Storage Expansion Tank 35-600 gallon 5) Rink piping system Complete Charge from factory 6) Glycol Vacuum Pump 7) Charge 146 lbs, 2 circuit 73 lbs each 8) MSDS mono -propylene glycol Sound 1) 60 dBA @ 25ft Set up and Breakdown 1) Factory Engineering Technical Support and 8 week warranty on all parts and immediate replacement within 36 hours 2) Factory Startup 3) Training 4) Installation 5) Shipping 6) Removal 807 Sprucelake Drive, Harbor City, CA 90710 19 Tel: 323-776-9423 swilliams @ice-america. com City Council — 31 9/7/2021 portable ire rinKs CE- MERICA PART TWO - Event Production, Marketing & Enhancements In addition to the core ice rink equipment and services, Ice -America can also provide the following Event services directly or through our vendors: • Marketing & Promotions o agency oversight o press releases & advertisements 0 outreach to local non -profits for affiliation • Food & Beverage o holiday specialties o food trucks • Decorations o holiday lighting o set pieces including Christmas tree o winter village facades with sponsor opportunities • Performances and Appearances o stage installation and management o Santa appearances and possibly pictures o characters skating o local group performances including Caroling, etc. o special guest performance options Christmas Market o local vendors o event themed items • Activities o Holiday Train o Storytime with Mrs. Klaus o Winter Themed Inflatable Slide o Activity tent: Face Painting, Balloons o Photo Ops Our goal is to create an immersive experience that the community will see as their must attend holiday event annually. Our budget shows a wide variety of options that can be selected as desired. 807 Sprucelake Drive, Harbor City, CA 90710 20 Tel: 323-776-9423 swilliams @ice-america. com City Council — 32 9/7/2021 portable ire rinKs CE- MERICA Event Production, Marketing, and Enhancements In addition to the holiday ice rink production, Ice -America proposes a comprehensive event production package including the selected items outlined in Part Two of this proposal. The vision and creative outline are illustrated in the attached Santa Ana Treatment Deck 2.0 MOOD BOOK. Ice -America's project manager will coordinate the creative work, installation, and operations management for all subcontractors. Each department will have a professional manager assigned by Ice -America, including Marketing & Promotions, Food & Beverage, Decorations, Performances and Appearances, Holiday Market, and Activities. Rates for all subcontracted work are cost-plus at 20%. Marketing & Promotions Our team will contract and oversee the event marketing plan and implemenation from a qualified provider. The included option is based on the proposal and budget from Rocket Launch Marketing & Public Relations, an agency with a strong background in events and with extensive experience in the City of Santa Ana. Food & Beverage Food trucks and vendor carts will be featured options for the enjoyment of event attendees. Bookings will focus on fun themed foods that enhance the experience, including hot dog, pretzel, churro, and ice cream carts, pizza trucks, taco trucks, and more. Beverages will feature hot chocolate and juices. One local vendor or non-profit group may be selected to operate regularly in a tent or temporary building, featuring hot chocolate, cookies, and other holiday treats. Space will be designated for food and drink enjoyment with tables, chairs and some shade areas. Cleaning will be regular and provide a safe environment. Decorations The event decorations can include comprehensive holiday lighting as well as a large decorated Christmas tree in a central location. Also included in our options is a winter village with highly decorated facades that can be sponsored by local businesses and professionals. Qualified vendors will be selected and managed for all required insurance and licenses. Performances & Appearances The ice rink and adjacent stage form the backdrop for both on and off -ice performances. Featured acts can include Santa skating times, ice skating performances, musical 807 Sprucelake Drive, Harbor City, CA 90710 21 Tel: 323-776-9423 swilliams @ice-america. com City Council — 33 9/7/2021 portable ire rinKs CE- MERICA performances and other acts. If desired, special guests can be booked for musical performances on the main stage, all managed by Ice -America's performance director. Holiday Market One or more local vendors will be selected to operate a holiday market featuring nostalgic and family friendly offerings. Our market manager will coordinate vendor agreements, oversee on site infrastructure, and assist with market operations and publicity. Activities In addition to ice skating, offering variety of themed activities will encourage the community and guests to stay and enjoy the event longer. It's important to have something fun for everyone to do, so including a trackless train for kids of all ages, an inflatable slide for the younger ones, storytime with Mrs. Klaus, face painting and balloon art, along with photo opportunities for the social media crowd, will enhance the event experience greatly! Check out the attached MOOD BOOK — Santa Ana Treatment Deck 2.0 The MOOD BOOK illustrates the proposed theme and event direction for your comments. Event Enhancement Options Budget: The budget below outlines many of the options and possibilities available to the City of Santa Ana. Please review and let us know which options are a good fit for the City and for further discussion. 807 Sprucelake Drive, Harbor City, CA 90710 22 Tel: 323-776-9423 swilliams @ice-america. com City Council — 34 9/7/2021 p13rt4c1t31" ire rinks CE- MERICA 807 Sprucelake Drive ICE -AMERICA Harbor City, CA 90710 Production Price List 323-776-9423 Event Production 1.4 PRICE LIST / PRODUCTION BUDGET CATEGORY SUMMARY Project No: Event Production Price List 1.4 Prepared By: SWW Product: Ice Rink Production Title: Santa Ana Holiday Festival Date: 7/2 Purpose: recreational ice rink installation Production Dates: TBD Revised: 8/11 Location: Plaza of the Flags, Santa Ana, Orange County, CA Actual: Open Dates: Dec 8, 2021 - ]an 2, 2022 Production of holiday event and enhancements Shipping &transportation, installation, management Optional Production elements: marketing, decor/lighting, food & beverage, performances, market, activities NOTES: Also included options: subcontractor/vendor management, maintenance ASSUMPTIONS: Budget is based on: 4-week event Not included in this budget: tax, permits, electricity, water, toilets, trash, internet, on -site storage PROJECTED REVENUE: Low 1 Marketing & Promotions $ 25,000 Event Sponsorship Net Revenue $ 25,000 2 Food & Beverage Vendor rev/share 5 Holiday Market Vendor rev/share Village sponsorships 6 Activities Trackless Train Inflatable Slide Face Painting / Balloons EVENT PROJECTED REVENUE EXPENSES: $ 5,000 $ 5,000 $ 6,000 $ 2,500 $ 3,500 $ 14,000 $ 10,000 $ 2,500 $ 1,500 $ 50,000 High $ 75,000 $ 75,000 potential event sponsorship income $ 25,000 $ 25,000 potential revenue share from food and beverage vendors or direct $ 25,000 $ 10,000 potential fees for market booths or rev/share $ 15,000 potential sponsorships for village houses $ 32,500 $ 17,500 potential revenue from train ride admission sales $ 7,500 potential revenue from slide admission sales $ 7,500 potential revenue from face painting and balloon sales $ 157,500 includes items listed in all totals above only Unit Price No. Term Total Price Marketing & Promotions $ 94,980 Agency Fee (PR & Marketing $ 16,850 1 1.20 $ 20,220 provision of: PR Management, Marketing Management includes all Agency PR & Advertising Scope Overview in attached proposal Creative Support $ 95 40 1.20 $ 4,560 estimated creative support Social Media Agency Fees $ 5,000 1 1.20 $ 6,000 recommended social media agency scope as per proposal Influencer Program Agency Fees $ 3,500 1 1.20 $ 4,200 recommended influencer program agency scope as per proposal Ad Buys $ 50,000 1 1.20 $ 60,000 recommended minimum ad buy budget Food & Beverage $ 28,250 F&B Infrastructure $ 5,000 1 1 $ 5,000 estimated expense for set up & back of house Seating & Tables $ 6,500 1 1 $ 6,500 estimated expense for tables and benches for eating/drinking patrons On --Site F&B Manager / $ 1,750 1 5.00 $ 8,750 sourcing and overseeing on site vendors for hot chocolate, food, etc. Food TrucksNendors Manager $ - includes: sourcing and overseeing temporary food truck visits and schedule F&B Cleaning $ 25 2 160 $ 8,000 hourly cleaning of food & beverage area Q Lighting, Decorations, Holiday Village $ 54,900 Design & Build Village $ 15,000.00 1 1 $ 15,000 estimate - design and build of village facade Holiday Lighting $ 25,000.00 1 1 $ 25,000 budget for subcontractor holiday lighting display Christmas Tree $ 14,900.00 1 1 $ 14,900 estimate - 20' chrstmas tree in center island ® Performances & Appearances $ 36,115 Performance Manager $ 1,750 1 4 $ 7,000 weekly rate for performance manager Local Performances $ - $ - includes sourcing, coordination, and management of local performances Santa Appearances $ 50 3 26 $ 3,900 21 x weekly Santa appearances Skating Mascot $ 45 2 26 $ 2,340 14 x weekly appearances of skating characters Mrs. Claus Appearances $ 50 3 26 $ 3,900 21 x weekly Storytime with Mrs. Claus appearances Guest Performances $ 10,000 1 1 $ 10,000 optional budget for celebrity guest performances Stage & Equipment $ 1,795 1 5 $ 8,975 package including stage, additional audio, steps, microphone 807 Sprucelake Drive, Harbor City, CA 90710 23 Tel: 323-776-9423 swilliams @ice-america. com City Council - 35 9/7/2021 p13rtal3l" iCle rinks CE- MERICA Holiday Market 13,213 Market/Vendor Manager $ 1,750 1 5 $ 8,750 sourcing & management of local vendors Event Vendor Shop $ - $ - sourcing & management of event themed shop to be determined Tents $ 1,500 2 1 $ 3,000 tents & lighting for vendors Railing / Barricade $ 16 18 5 $ 1,463 3' sections ©Activities $ 65,875 Activity Manager $ 2,250 1 5 $ 11,250 Activity Manager weekly rate (60 hrs/wk) Activity staff $ 25 1 5 $ 125 variable estimated payroll (subject to change) Trackless Train $ 225 5 18 $ 20,250 trackless train operation estimate - 5hrs/day x 18 days Inflatable Slide $ 1,100 1 18 $ 19,800 inflatable slide with operations - 18 days Face Painting / Balloons $ 200 1 26 $ 5,200 face painting or balloon artist Operations liability insurance $ 0.75 2500 4 $ 7,500 estimate special event insurance to operate activities at $ .75/participant Other $ 1,750 1 1 1,750 container rental, etc. �7 Production, Installation, Training, Transportation, Security $ 106,300 Enhancements installation crew $ 3,250 2 2 $ 13,000 Support installation supervisors & labor (in/out) / warehouse Production Management fee $ 24,900 1 1 $ 24,900 travel, legal & admin, production for install/removal/maintenance, forklift Electrical rentals & fees $ 11,500 1 1 $ 11,500 estimated electrical services and supplies Hotel for install crew/mgr $ 125 $ - local - no load -in and load -out hotel Fencing $ - $ - to be determined Shipping & Trucking $ 1,975 2 2 $ 7,900 estimated trucking/shipping equipment Security $ 35.00 200 7 $ 49,000 24/7 for lx event security staff from load -in through load -out 0 EVENT PRODUCTION EXPENSES - ALL OPTIONS $ 399,633 includes items listed in all totals above only EVENT PRODUCTION NET EXPENSE Low Revenue Projections $ (349,633) assumes low revenue projections EVENT PRODUCTION NET EXPENSE High Revenue Projections $ (242,133) assumes high revenue projections TERMS: = Please check all requested services and include signature below. i 25% deposit due to reserve. 25% due one -month prior to delivery. 25% due after opening, 25% due mid -season.. Name: Orgnanization: Signature: Date: DIRECT ALL INQUIRIES TO: MAKE ALL CHECKS PAYABLE TO: Scott Williams Seaside Ice, LLC - dba Ice -America tel: 310-323-776-9423 Attn: Scott Williams e-mail: swilliams@ice-amedca.com 807 Sprucelake Drive Harbor City, CA 90710 We also accept Visa, Mastercard for an additional fee Legal: Estimate is subject to change. Lessee is responsible for any applicable state & local taxes that may be due. *Estimated payroll hours billed at $25.00 per hour 807 Sprucelake Drive, Harbor City, CA 90710 24 Tel: 323-776-9423 swilliams @ice-america. com City Council — 36 9/7/2021 Public Works Agency www.santa-ana.org/pw Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Right -of -Way Maintenance Services AGENDA TITLE Amend Agreement with Landscape West Management Services, Inc., to Increase the Annual Contract Amount by $1,000,000 for Right -of -Way Maintenance Services and Add Two Maintenance Worker Positions to the Public Works Agency at an Estimated Annual Cost of $260,000 (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services, Inc., for increased cleaning and sanitizing of the City's public right-of-way, increasing the compensation amount for Fiscal Year 2021-22 only by $1,000,000, for a total annual amount not to exceed $2,270,000 and a total agreement amount not to exceed $6,080,000 for the remaining term of the agreement, ending on June 30, 2023, with an option for a two-year extension exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize an adjustment to the American Rescue Plan Act (ARPA) spending plan in the amount of $1,800,000 and approve an appropriation adjustment, moving funding from Reserve for Revenue Loss Allocation to the Sanitation & Prevention Project. 3. Amend the City's Fiscal Year 2021-22 Annual Budget to add two limited -term Maintenance Worker II positions to the Public Works Agency, at an estimated annual cost of $260,000, for a five-year period. DISCUSSION The Public Works Agency Maintenance Services Division (Maintenance Services Division) maintains the City's public right-of-way. The services include, but are not limited to, weed mitigation and removal, homeless encampment clean up, trash removal, and sanitizing of the public right-of-way. Due to the COVID-19 global pandemic, enhanced sanitization and cleaning of high -traffic pedestrian and bicyclist areas is needed. On July 20, 2021, Council approved the spending plan for Revive Santa Ana, which will be funded by the American Rescue Plan Act of 2021 (ARPA). The spending plan included City Council 26 — 1 9/7/2021 Amend Right -of -Way Cleaning & Sanitizing Services Agreement September 7, 2021 Page 2 a $500,000 allocation for Sanitation & Prevention Programs; staff recommends increasing this allocation by $1,800,000 for a total of $2,300,000. The Sanitation & Prevention Programs will increase sanitization efforts, encourage healthy activities, improve recovery, and potentially reduce the spread of COVID-19. Landscape West Management Services, Inc., has provided public right-of-way maintenance services such as median landscape maintenance, and homeless encampment and debris clean up services to the City since July 2019. Staff recommends increasing the level of service provided by Landscape West Management Services, Inc., to quickly implement the enhanced sanitization and cleaning services of high -traffic pedestrian and bicyclist areas. To fund the enhanced services, staff recommends increasing the agreement amount by $1,000,000 for FY 2021-22 only. Increased staffing will be needed to perform the cleaning services and staff requests the addition of two Public Works Maintenance Worker II positions, which will be advertised with a five-year limited term, for a total cost of $1,300,000. The positions will be limited -term given that ARPA funding guidelines require funding to be exhausted no later than December 31, 2026. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2021-22 from the accounts listed on the table below and will be budgeted in subsequent fiscal years. Funds will be spent according to the spending plan below: Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description CURRENT ANNUAL CONTRACT (YEAR 1 OF FIRST 2-YEAR EXTENSION) Special Gas Median Landscaping, 02917635-62300 Tax Contract Services- $310,300 Professional 2021-22 Special Gas Median Landscaping, 02917635-62320 Tax Maintenance & Repair $959,700 Building & Grounds REQUESTED AMENDMENT American American Rescue Plan 2021-22 18117013-62300 Rescue Plan Act-PWA, Contract Services - $1,000,000 Act Professional ADJUSTED SUBTOTAL $2,270,000 City Council 26 — 2 9/7/2021 Amend Right -of -Way Cleaning & Sanitizing Services Agreement September 7, 2021 Page 3 Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description ANNUAL CONTRACT (YEAR 2 OF FIRST 2-YEAR EXTENSION) Special Gas Median Landscaping, 2022-23 02917635-62320 Tax Maintenance & Repair $1,270,000 Building & Grounds SUBTOTAL $1,270,000 FIRST 2-YEAR EXTENSION ADJUSTED TOTAL $3,540,000 OPTIONAL SECOND 2-YEAR EXTENSION Special Gas Median Landscaping, 2023-24 02917635-62320 Tax Maintenance & Repair $1,270,000 Building & Grounds Special Gas Median Landscaping, 2024-25 02917635-62320 Tax Maintenance & Repair $1,270,000 Building & Grounds OPTIONAL SECOND 2-YEAR EXTENSION SUBTOTAL $2,540,000 GRAND TOTAL $6,080,000 Revive Santa Ana Account 18117013-61000's Maintenance Worker II 2021-22 2026-27 Fiscal Year 6-Month 2022-23 2023-24 2024-25 2025-26 6-Month Total Cost Cost Cost Salaries & $100,000 $200,000 $220,000 $240,000 $260,000 $140,000 $1,160,000 Benefits Miscellaneous $104,000 $8,000 $8,000 $8,000 $8,000 $4,000 $140,000 Expense* ESTIMATED TOTAL $204,000 $208,000 $228,000 $248,000 $268,000 $144,000 $1,300,000 COST** *Includes vehicle and equipment expenses **Cost is for two Maintenance Worker 11 positions EXHIBIT(S) 1. Fifth Amendment to Agreement with Landscape West Management, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 26 — 3 9/7/2021 EXHIBIT 1 FIFTH AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES THIS FIFTH AMENDMENT to the above -referenced agreement is entered into on September 7, 2021, by and between Landscape West Management Services, Inc. ("Contractor''), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ('`City"). RECITALS A. The parties entered into Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ("Agreement"), B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement from $770,000 to $1,020,000 for the period ending June 30, 2020. C. On May 5, 2020, the parties entered into Second Amendment No. A-2020-095 to further increase the amount expended under the Agreement from $1,020,000 to $1,055,000 for the period ending June 30, 2020. D. On December 1, 2020, the parties entered into the Third Amendment No. A-2020-248 to further increase the amount expended under the Agreement for the period ending June 30, 2021 and any extension periods to $1,020,000 annually. E. The original term of the Agreement was for two years until June 30, 2021 with one, two (2) year extension that was authorized on April 23, 2021. The Agreement remains in effect through June 30, 2023. F. On July 20, 2021, the parties entered into the Fourth Amendment A-2021-133 to further increase the amount expended under the Agreement from $1,020,000 annually to $1,270,000 annually. G. The parties now wish to further amend the Agreement to increase the amount to be expended under the Agreement for fiscal year ("FY") 21-22. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the annual sum to be expended under the the Agreement for FY 2021-2022 only, from $1,270,000 to $2,270,000 for increased cleaning and sanitizing services. The annual amount for FY 2022-2023 and the second optional extension (if exercised) will remain $1,270,000. 2. Except as modified by this Fifth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2 City Council 26 — 4 9/7/2021 IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to the Agreement on the date and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Luna, A. R Laura A. Rossini. Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Name: µk',(Rae Title: �c.osat��Y Page 2 of 2 City Council 26 — 5 9/7/2021 Human Resources www.santa-ana.org/hr Item # 27 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: ICRMA Excess Liability Insurance Premiums AGENDA TITLE: Approve Payment of Increase in Initial General Liability Excess Insurance Premiums to Independent Cities Risk Management Authority ("ICRMA") for Fiscal Year 2021-22 (Non -General Fund) RECOMMENDED ACTION Authorize increase of payment of $175,467 for the City's General Liability excess insurance premiums. DISCUSSION On June 15, 2021, the Human Resources Department's Risk Management Division submitted a staff report for approval regarding ICRMA excess insurance and additional ancillary coverage premiums for FY 2021-22. The staff report reflected the premium amounts that had been approved by the ICRMA Board of Directors at the June 10, 2021 meeting, including each member city's portion for payment. Prior to the insurance coverages being bound, the Broker was notified that one of the carriers, Old Republic, was reducing its participation in coverage, falling to the responsibility of the pool members. The Broker team was able to obtain a combination of additional carriers to quote the coverage reduction, as well as the remainder of the pool exposure. This change has resulted in an increase in insurance premiums in the amount of $175,467 for FY 2021-22 (see graph below illustrating the changes). 2021/2022 Approved Program 2021/2022 Proposed Adjusted Program $5M xs $30M — Hallmark $5M xs $30M — Hallmark $10M xs $20M — Scor $10M xs $20M — Scor $11 M xs $9M — Old Republic (41.67%) / TBD (58.33%) $2M xs $18M — ACE American/Chubb $3M xs $15M — Everest $2M xs $13M — Allied World Assurance Company $4M xs 9M — Old Republic $5M xs $4M — Safety National $5M xs $4M — Safety National $2M xs $2M — Pool SIR - QBE $2M xs $2M — Pool SIR — QBE City Council 27 — 1 9/7/2021 ICRMA Excess Liability Insurance Premiums September 7, 2021 Page 2 City of Santa Ana — Member Share of City of Santa Ana — Adjusted Member Premium - $3,936,181 Share of Premium - $4,111,648 A special meeting of the ICRMA Board was held July 8, 2021 to bring alternatives to the Board for a decision on the change of coverages. The proposed adjustments were approved by the ICRMA Board, resulting in an increase of the premium costs. This increase exceeded the amount identified in the June 15, 2021 staff report. Therefore, staff recommends that the City Council approve the increased amount of the premium costs. The initial amount approved was estimated not to exceed $3,936,181. The adjusted amount is 4,111,648—a difference of $175,467. Staff recommends the approval of the aforementioned actions. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Excess General Liability Insurance Premiums are budgeted for FY 2021-22. Funds are available in Human Resources Department Risk Management Division. Fiscal Accounting Fund Accounting Unit, Year Unit Description Account Description Amount 2021-22 08009051- Liability and Insurance Payment $175,467 64010 Property Ins Fund Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 27 — 2 9/7/2021 Planning and Building Agency www.santa-ana.org/pb/ i Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Program AGENDA TITLE: Receive and File the Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Program and Authorize the City Manager to Deliver the City's Response to the Findings and Recommendations to the Presiding Judge of the Superior Court RECOMMENDED ACTION Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Santa Ana's licensed retail adult -use cannabis program and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. DISCUSSION On June 3, 2021, the Orange County Grand Jury (OCGJ) issued an investigative report with findings and recommendations regarding the City of Santa Ana's licensed retail adult - use cannabis program and regulatory framework. The Orange County Grand Jury (OCGJ) was interested in investigating how the decision to move forward with adult -use cannabis retail permitting impacted Santa Ana and any resulting significant issues. The OCGJ investigated this matter to make the public and other communities aware of the potential "gains or pitfalls," should other jurisdictions move forward with retail adult -use cannabis permitting. The report focuses only on the permitting and sale of retail adult - use cannabis in the City and does not address medicinal sales, and/or medicinal and adult -use cultivation, distribution, manufacturing, testing, or any issues related to the use of cannabis products. Exhibit 1 is the complete OCGJ's June 3, 2021 report. In summary, the OCGJ finds that City's program added significant and much needed revenue to the City with no reported increase in criminal activity. In addition, the report finds that funds have not only increased the City's general fund account, but have also been used for enhanced police services City Council 28 — 1 9/7/2021 Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Program September 7, 2021 Page 2 and code enforcement efforts, and additional youth programs through the Parks, Recreation, and Community Services Agency. As a result of the investigation, OCGJ issued six findings and three recommendations. In accordance with California Penal Code Sections 933 and 933.05, OCGJ requires responses from the City regarding the findings and recommendations presented in the report. Exhibit 2 outlines the OCGJ findings, recommendations, and the City's responses. Upon authorization by the City Council, the responses in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. County of Orange Grand Jury Investigative Report, Findings and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Program entitled "Pot Luck" 2. City Response to County of Orange Grand Jury Findings and Recommendations Regarding Santa Ana's Licensed Retail Adult -Use Cannabis Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 28 — 2 9/7/2021 "Pot Luck" Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County GRAND JURY 2020-2021 City Council 28 — 3 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County TABLE OF CONTENTS SUMMARY................................................................................................................................... 1 BACKGROUND........................................................................................................................... 1 FederalCannabis Laws............................................................................................................ 1 Legislationin California........................................................................................................... I REASONFOR STUDY................................................................................................................ 2 METHODOF STUDY................................................................................................................. 3 INVESTIGATION AND ANALYSIS......................................................................................... 3 Santa Ana City Council Says "Yes"........................................................................................ 3 Dispensary Application and Licensing Process...................................................................... 3 Cannabis Community Benefits Program................................................................................. 4 CommunitySafety..................................................................................................................... 4 SiteVisits................................................................................................................................. S FinancialImpact........................................................................................................................ 6 Communication......................................................................................................................... 7 COMMENDATIONS................................................................................................................... 7 FINDINGS..................................................................................................................................... 7 RECOMMENDATIONS.............................................................................................................. 8 RESPONSES................................................................................................................................. 9 RESPONSES REQUIRED.....................................................................................................10 APPENDIX.................................................................................................................................. 11 APPENDIX 1— Approved and Operating Adult -Use Cannabis Dispensaries ..................11 APPENDIX 2 — Commercial Cannabis Application Process..............................................12 APPENDIX 3 — Phase 1 and Phase 2 Application and Permit Process .............................. 13 APPENDIX 4 — Commerical Cannabis Application Information......................................14 APPENDIX 5 — Santa Ana Ordinance No. NS-2959............................................................16 GLOSSARY................................................................................................................................. 20 BIBLIOGRAPHY....................................................................................................................... 21 2020-2021 Orange County Grand Jury Page i City Council 28 — 4 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County SUMMARY Santa Ana was the first city in Orange County, California to approve the retail sale of Adult -Use Cannabis. This action has added significant revenue to the city with no reported increase in criminal activity. Through interviews and investigation, the Orange County Grand Jury has discovered that the revenue generated by the Retail Adult -Use Cannabis business has provided much needed funds to the City of Santa Ana. These funds have not only increased the city's general fund account but have also been used for enhanced police services and code enforcement efforts as well as funding for additional youth programs through the Parks, Recreation, and Community Services Agency. The Orange County Grand Jury does not express an opinion on the use of Cannabis. BACKGROUND Cannabis use has long been a subject of controversy in the United States. Once commonly grown for hemp, made from fibers from the plant and used in a variety of products such as rope and paper, cannabis was later discovered to have medicinal purposes and subsequently became a criminalized product. Over the last six decades there has been much debate and many propositions introduced to decriminalize and/or regulate cannabis and allow it to be legally sold and used for medicinal as well as recreational purposes. Federal Cannabis Laws Despite a cannabis legalization trend sweeping the country, the federal government still classifies cannabis as a Schedule 1 drug. The federal government considers drugs in this class to be some of the most dangerous. A Schedule 1 classification puts cannabis in the same class as heroin, which means the federal government considers cannabis more dangerous than Schedule 2 drugs like cocaine and methamphetamine. At the present time, the Unites States Department of Justice ("DOJ") is not prosecuting most cannabis users and businesses that follow state and local cannabis laws, as long as those laws do not conflict with certain federal requirements. These requirements include preventing minors from using cannabis and preventing cannabis from being transported across state lines. Legislation in California Proposition 19 (1972) also known as "The California Marijuana Initiative" was a ballot initiative on the November 7, 1972 California Statewide Ballot. California became the first state to vote on a ballot measure seeking to legalize cannabis. If it had passed, the measure would have removed penalties in the State of California for persons 18 years of age or older for using, 2020-2021 Orange County Grand Jury Page 1 City Council 28 — 5 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County possessing, growing, processing, or transporting marijuana for personal use. The initiative was defeated by the voters with 66.5% No votes to 33.5% Yes votes. Proposition 215 (1996) also known as "The Compassionate Use Act of 1996" made it legal under California law for individuals of any age to use cannabis for medicinal purposes. Individuals must have a recommendation from a doctor to use medical cannabis. The act passed by a vote of 55.58% Yes votes to 44.42% No votes. Proposition 19 (2010) also known as "The Regulate, Control, and Tax Cannabis Act of 2010" was defeated by the voters with 53.5% No votes to 46.5% Yes votes. If it had passed, Proposition 19 would have legalized various cannabis -related activities in California and authorized local governments to control these activities. In addition, the Proposition would have granted local governments the right to impose and collect cannabis -related fees & taxes, and authorized various criminal and civil penalties. Proposition 64 (2016) also known as "The Adult -Use of Marijuana Act" passed by a vote of 57.13% to 42.87%. The measure: • Legalized adult use of cannabis for recreational, non -medical purposes • Created a system for regulating Retail Adult -Use Cannabis businesses • Imposed taxes on Retail Adult -Use Cannabis sales • Changed penalties for cannabis -related crimes Once Proposition 64 was passed, cities in California were granted the opportunity to approve Retail Adult -Use Cannabis and begin the process of granting licenses to shops within their city limits. REASON FOR STUDY The selling of cannabis for "Adult -Use" or "recreational" purposes has been legal in the State of California since January 1, 2018 and yet, until July 2020, Santa Ana was the only city in Orange County that had approved licensing for this type of business. The Orange County Grand Jury (OCGJ) was interested in investigating how the decision to move forward with this licensing impacted Santa Ana and if there were any significant issues. The Grand Jury felt it was important to investigate this matter in order to make the public aware of the potential gains or pitfalls other cities in the county might encounter should they move forward with Retail Adult -Use Cannabis licensing. This report focuses only on the licensing and selling of Retail Adult -Use Cannabis in the City of Santa Ana and does not address medicinal sales, cultivation, distribution, or any issues related to the use of cannabis products. 2020-2021 Orange County Grand Jury Page 2 City Council 28 — 6 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County METHOD OF STUDY The OCGJ conducted extensive internet research on the legal status of Retail Adult -Use Cannabis, both nationwide and in California, by reviewing and analyzing relevant legislation as well as the numerous California propositions that culminated in the passage of Proposition 64. In addition, the OCGJ reviewed City of Santa Ana documents including staff reports, commission reports, Requests for City Council Actions, and ordinances that authorized and established conditions for the sale of cannabis products for Adult -Use. The OCGJ also interviewed current and former Santa Ana City Council members and City employees who work in agencies directly involved with or impacted by the licensing and sale of Retail Adult -Use Cannabis products in Santa Ana. In addition, OCGJ interviewed professional experts not employed by the City, including licensed Retail Adult -Use Cannabis dispensary proprietors and employees. The OCGJ visited several licensed Retail Adult -Use Cannabis dispensaries in Santa Ana to observe the facilities, amenities, staff, clientele, and operations. INVESTIGATION AND ANALYSIS Santa Ana City Council Says "Yes" In response to the November 2016 passage of Proposition 64 in California, the Santa Ana City Council began to consider licensing and regulating the retail sale of cannabis for adults. After multiple meetings and discussions and after thorough staff analysis, on October 17, 2017, the City Council introduced ordinance number NS-2929 for a first reading. The ordinance was identified as "An Ordinance of the City Council of the City of Santa Ana creating Chapter 40 of the Santa Ana Municipal Code, `Regulation of Commercial Cannabis', to Regulate Commercial Cannabis Activities, excepting Medicinal Retail." On November 9, 2017, the ordinance was introduced for a second reading and approved with amendments by a vote of 5-0 (two City Council members were absent). Santa Ana has remained the only city in Orange County issuing business licenses and regulating the retail sale of Adult - Use Cannabis for the years 2018, 2019, and 2020. Dispensary Application and Licensing Process Santa Ana Ordinance number NS-2929 allows up to 30 Retail Adult -Use Cannabis stores within the City. As of April 15, 2021, there were 23 dispensaries open and operating in the City of Santa Ana (see Appendix 1). The ordinance sets forth operational standards, permit procedures, and an operating agreement to address collection of operating fees. To ensure fairness and impartiality in the selection process, the City devised a system of "Retail Adult -Use Cannabis merit -based criteria and possible points" (see Appendix 2) to evaluate applicants who sought to operate a dispensary offering Adult -Use Cannabis products. This led to the Commercial Cannabis Application (Phase I and Phase II) and Permit Process (see Appendix 3), a comprehensive evaluation process that each Retail Adult -Use Cannabis dispensary applicant had to follow and pass before being allowed to open for business. 2020-2021 Orange County Grand Jury Page 3 City Council 28 — 7 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County After completion of the application process, each applicant was required to obtain a Regulatory Safety Permit (RSP) which is a permit issued by the City of Santa Ana pursuant to Chapter 40 of its municipal code. The RSPB issued for Phase I and Phase II had fees associated with each phase of the process. The fees charged were based on city processing costs as follows: Phase I, initially $1,690, was subsequently raised to $1,752; Phase II, initially $12,086, was later raised to $12,530. The City's Planning and Building Agency drafted a two -page Phase I and Phase II applicants' information form advising interested parties of the steps in the application process (see Appendix 4). Cannabis Community Benefits Program All parties seeking a license to operate a cannabis dispensary in Santa Ana must submit a written operating agreement titled "Operating Agreement for Adult use (Non -Medicinal) Cannabis Retail Business." One section of the agreement is entitled "Public Benefit." In this section, the applicant for the proposed dispensary is encouraged to submit a "Community Benefit and Sustainable Business Practices Plan" (PLAN). The plan serves as a goodwill program sponsored by the dispensary for the benefit of the Santa Ana community. A review of the PLANs submitted by the applicants revealed a wide variety of current community service projects such as sponsoring a local debate team, supporting a community garden, organizing and/or funding toy/clothing/food drives, diversion or prevention educational programs, and neighborhood clean-up efforts. While these programs are a step towards goodwill in the community, there is no oversight or confirmation by the City that the dispensary operator is participating in the plan. It is up to each dispensary owner to decide how and to whom they will provide a "benefit." There are no specific requirements in terms of money or volunteer hours that a dispensary must donate, and there is no obligation to provide proof of participation in the plan to the City. The OCGJ has concluded that there should be some process in place to set standards for and document participation in the Community Benefits Program. In addition, the benefits provided by the Retail Adult -Use Cannabis dispensaries should be reported to the City Council and made available to the general public. Community Safety The OCGJ learned through interviews with City officials and staff that there had been more than 120 unlicensed dispensaries operating illegally in Santa Ana before ordinance NS-2929 went into effect. That number has since been reduced to "less than a handful," due to enforcement efforts by the City, especially the Planning and Building Agency, including Code Enforcement, and the Santa Ana Police Department. One third of the taxes and fees that the City receives from Retail Adult -Use Cannabis dispensaries is dedicated to Police and Code Enforcement. This money provides funding for a vice unit, including a sergeant and four officers. Other City agencies, such as Planning and 2020-2021 Orange County Grand Jury Page 4 City Council 28 — 8 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County Building and the City Attorney's Office, also receive funding because of their role in ensuring Retail Adult -Use Cannabis compliance with regulations. The reality is that shutting down the unlicensed, illegally operating dispensaries will increase business for the licensed facilities, thereby increasing the City's tax revenues. Closing unlicensed facilities is a win -win for both the licensed dispensaries and the City of Santa Ana. It should be noted that the licensed Retail Adult -Use Cannabis dispensaries must meet the quality standards for their merchandise that comply with requirements set forth by the State of California's Bureau of Cannabis Control (BCC). Consumers have no such protections when products are purchased from unlicensed shops. Ordinance number NS-2929, Section 1, subparagraph K, states: "The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety, and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access of cannabis to residents." The OCGJ further learned through interviews with both Police Department and Code Enforcement staff that there has been no apparent increase in criminal activity in the areas surrounding the Retail Adult -Use Cannabis dispensaries. It should be noted that all licensed dispensaries are required to have security guards in place during hours of operations, and 24/7 video surveillance protecting their facilities, employees, and customers. Additionally, all dispensaries are required to secure all inventory in a locked safe, unless open for business. Site Visits During its investigation, the OCGJ interviewed cannabis dispensary owners and visited Retail Adult -Use dispensary sites. The OCGJ would like to note that it received full cooperation from the dispensary owners and staff while touring their locations. The dispensary sites the OCGJ visited appeared to be well managed, with clean public areas that were adequately illuminated and well-appointed. The shelves were fully stocked with products. All products were marked with California approval code stamps, indicating that the products conformed to quality control standards approved by the BCC. Sites visited had the required security guards; the OCGJ noted that there were two security guards at each site visited. Each store had 24-hour video surveillance cameras covering the interior and exterior. One of the store owners mentioned that their external video surveillance is so extensive and of such high quality that they were able to assist law enforcement with investigations into criminal activities at nearby properties. Inside, stores were well furnished, had appropriate security doors, and all products were locked up at night in secured structures, vaults, or safes. 2020-2021 Orange County Grand Jury Page 5 City Council 28 — 9 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County Financial Impact In November 2018, residents of the City of Santa Ana approved Measure Y by a vote of 71% Yes to 29% No. Measure Y is a tax on Retail Adult -Use Cannabis businesses operating in the City that provides for a tax of 25 cents to 35 dollars based on the gross square footage of the business and a sales tax of up to 10% for retail sales. The City estimates that Measure Y will generate $11-14 million a year to fund city services. On December 4, 2018, the Santa Ana City Council adopted Ordinance NS-2959 (see Appendix 5), establishing a "Cannabis Public Benefit Fund". The fund derives almost all of its money from Measure Y and requires that the city allocate all money received from the sale of Retail Adult - Use Cannabis as follows: one third to the General Fund, one third to Enforcement Services, and the final third to Youth Services. Some of the City of Santa Ana Council members and staff interviewed by OCGJ informed the OCGJ that there is no true, viable oversight regarding disbursement and use of cannabis money received. The OCGJ learned that there is no clearly identifiable accounting for residents to see how this money is spent. Furthermore, the COVID pandemic has caused a shifting of money from previously planned programs to others. Money received by the Retail Adult -Use Cannabis businesses for the last two years from the Measure Y tax has been in excess of $20 million. The General Fund money can be allocated to projects or programs in any City department, and expenditures from this fund cannot be specifically attributed to the Cannabis Public Benefit Fund. It has also been difficult to secure specific information about how the money for Enforcement Services has been used. Interviews with City staff indicated that various departments rely on Measure Y funds for their enforcement efforts. For example, the Police Department has funded the Vice Unit with Measure Y proceeds and the Planning and Building Agency, especially the Code Enforcement Division, also relies on Cannabis Public Benefit Fund money to staff some positions. However, the OCGJ has not received a clear breakdown of how the Enforcement Services money has been used by the various city agencies. Expenditures related to Youth Services are much more transparent. The following programs and projects are anticipated to be funded from the Cannabis Public Benefit Fund and undertaken in the following year for the benefit of Santa Ana youth: • Library Services Book/Techmobile Digital Collection for Teens Laptop Dispenser Kiosks Wireless Hotspots • Library Improvements at the Newhope Branch Library • Library Playground at the Main Branch 2020-2021 Orange County Grand Jury Page 6 City Council 28 — 10 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County • Parks and Recreation Anti -Drug Education Program Fitness Courts Goat Encounter at Santa Ana Zoo Santa Anita Park Soccer Field Renovation Splash pads for six City parks Third Party youth programs Traveling Zoo Exhibit Year -Round Aquatics Youth and Teen Excursion Youth Programs and Services Zoo and You Program • Community Development Agency youth paid internships • Contribution to the Deferred Action for Childhood Arrival Defense Fund The OCGJ, through its investigation of the use of Cannabis Public Benefit funds, concluded that the youth of Santa Ana have benefited greatly and will continue to benefit as a result of the decision to license Retail Adult -Use Cannabis dispensaries in the City. Communication During the investigation of the Retail Adult -Use sale of cannabis in Santa Ana, the OCGJ noted that there are several independent City departments involved in the licensing and regulation process. While the expertise of each department may be required to ensure compliance with all City ordinances and to process all necessary documents and fees, multiple points of contact can make it difficult to obtain information when needed. COMMENDATIONS The City of Santa Ana received more than $20 million in revenue during the first three years of licensed Retail Adult -Use Cannabis sales. Santa Ana was the first city in Orange County to begin licensing for these dispensaries and has remained the only city for several years, giving it a "monopoly" on Retail Adult -Use Cannabis business in Orange County. The City of Santa Ana saw a significant drop in the number of illegal/unlicensed cannabis shops as the number of licensed dispensaries increased. This reduction in illegal/unlicensed shops has improved community safety for both consumers and residents. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2020-21 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation described here, the 2020-21 Orange County Grand Jury has arrived at the following principal findings: 2020-2021 Orange County Grand Jury Page 7 City Council 28 — 11 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County F1. There is no clearly identifiable accounting of where all the Enforcement Services money received from Retail Adult -Use Cannabis licensing in accordance with Santa Ana Municipal Ordinance number NS-2959, section 13-203 was spent. F2. The legalization of Retail Adult -Use Cannabis by the City of Santa Ana and the resulting increase in city revenue have allowed the city to significantly expand its youth services programs. F3. There are multiple departments within the City of Santa Ana responsible for various aspects of Retail Adult -Use Cannabis oversight. The decentralized nature of the oversight within the City makes information difficult to obtain. F4. The number of unlicensed cannabis dispensaries in Santa Ana has significantly declined since the business licensing of Retail Adult -Use Cannabis dispensaries. F5. The Orange County Grand Jury did not receive evidence of an increase in crime as a result of the licensing of Retail Adult -Use Cannabis dispensaries. F6. The Cannabis Community Benefits Program motivates local dispensaries to contribute funds and/or staff volunteer hours for the benefit of the City of Santa Ana. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2020-21 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation described herein, the 2020-21 Orange County Grand Jury makes the following recommendations: R1. The Orange County Grand Jury recommends that the Santa Ana City Council require an annual report specifically detailing all Retail Adult -Use Cannabis money spent each fiscal year. This report should be presented to the Santa Ana City Council and made public. This should be completed by December 31, 2021, for fiscal year 2020-21, and by September 30 following each fiscal year thereafter. (F1) R2. The Orange County Grand Jury recommends that the City of Santa Ana designate an individual to oversee and provide centralized coordination of Retail Adult -Use Cannabis activity commencing January 1, 2022. (F3) R3. The Orange County Grand Jury recommends that the City of Santa Ana create a process to report to the Santa Ana City Council and the residents of Santa Ana detailed information about the participation of Retail Adult -Use Cannabis dispensaries in the Community Benefits Program by December 31, 2021 and yearly thereafter. (F6) 2020-2021 Orange County Grand Jury Page 8 City Council 28 — 12 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: §933 (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. §933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding in which case, the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. 2020-2021 Orange County Grand Jury Page 9 City Council 28 — 13 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision -making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. RESPONSES REQUIRED Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from: Responses are required from the following governing body within 90 days of the date of the publication of this report: 90 Day Required Responses Santa Ana City Council F1 F2 F3 F4 F5 F6 x I x I x I x I x x 90 Day Required Responses R1 R2 R3 Santa Ana City Council x x I x 2020-2021 Orange County Grand Jury Page 10 City Council 28 — 14 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County APPENDIX APPENDIX 1 — Approved and Operating Adult -Use Cannabis Dispensaries 9 4 4 2 r N N N p N L N bU E C C n N �smu�=m(�7rA� z 3w ui 0; Uj ui 0r[Tm Ui vi m w vi ui u; vi ui wx N � m 4Ll Cl C �yy Nyy Cl O �yy m Oi Nyy � � Ny Nyy M1 m� M1 Ny Pi ifl �yy Nyy C] m �yy M1 LO Nyy fn �yy N u�i yy yy N N U� t� yy N N yy. N t� Ui N yy yy N U� yy� t� Ui N N yy U� Ui yy u] N N R Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q l0 � C ¢ o yy A = J N O N Cn N C y~ O} Y 0 C� N C O GG '- w W H N cam.+ N C.7 V U O V x C�p QYI1 U N E W LLL2 ��� C a? �20a O 0 N N rJ7 HHH N O N N �r c N G O 2 L) _ L o= m C J V Q C V C ¢ _ J 61 O J cJ N C • J a y S L7 C C 0 C o E p c E G] N y C L ow N C m lL ._. 0 �•] d N C p �] J� f0 �~J7 p N 0 2 dl y O N C d� u r ry N (7 x4'S m W C w U U J �O a} y�J7 U a' v U' QD C W N O= o N =_ q aU O N L q N H [D L o O ao U ro mxc��,��xo ry L i.7 �Nc-l��nmM1cam�� NC]C u� �o M1como Nm 2020-2021 Orange County Grand Jury Page 11 City Council 28 — 15 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County APPENDIX 2 — Commercial Cannabis Application Process Adult -Use Retail Cannabis Merit -Based Criteria and Passible Points All applications for a Regulatory Safety Permit (RSP) will be evaluated using the merit criteria outlined below. Applicants must submit supplemental documentation or references with the RSP application that support the statements below for review by the City. No. Merit Criteria Points Applicant demonstrates control of a site that is in full compliance with the 1 requirements of Chapter 18 and/or Chapter 40 of the Santa Ana Municipal Code (base requirement)). Up to 20 Applicant demonstrates experience in operating a permitted or licensed 2 commercial cannabis activity within the United States (base requirement)). U to 20 p Applicant demonstrates past experience in and commits to any of the following': This criteria evaluates the items listed below. 3 • Local hiring and sourcing practices' • Sustainable business or building practices • Community benefit and/or youth programs in Santa Ana Up to 30 4 Applicant is currently on the Measure BB lottery waitlist. Up to 10 Applicant's principal officer's, director's, or owner's primary residence is in the City of Santa Ana and the person has been residing at the primary residence for at least 12 consecutive months immediately preceding the 5 date of the application, OR have been operating a business in the City of Santa Ana for at least 12 consecutive months immediately preceding the date of the application. Up to 10 Applicant, entity, or premises: This criteria evaluates the items listed below. • Has no previous record of failing to make timely reporting or remitting of their Santa Ana medical marijuana and/or commercial 6 cannabis business license taxes or any other payments required by their entitlements if operating in another jurisdiction • Is not the subject of any outstanding code enforcement activity Up to 10 Maximum Possible Points 100 'Base requirement indicates that the applicant must satisfy a portion of each criteria (nos. 1 and 2) in orderto qualify for consideration and scoring 2 A community benefits plan will be reviewed and incorporated into the required operational agreement for any selected commercial cannabis business operating in Santa Ana. 3 Note: Pursuant to Chapter 40, any facility employing two or more individuals is required to enter into a labor peace agreement. Page 1 of 1, 2/5/2018 2020-2021 Orange County Grand Jury Page 12 City Council 28 — 16 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County APPENDIX 3 — Phase 1 and Phase 2 Application and Permit Process 7 O -F 0 — I gI a 3 J4S E,E� aVry�}Q� nCe� i "ate pi g-i� ss ag R 4 m $$ 2020-2021 Orange County Grand Jury Page 13 City Council 28 — 17 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County APPENDIX 4 — Commercial Cannabis Application Information Planning and Building Agency +' j 1 Planning Division ire 20 Civic Center Plaza i P.O. Box 1988(M-20) Commercial Cannabis Non -Retail (7Ana, CA 14) 47 5 04 92702 Business Phase 1 & Phase 2 www.santa-ana.org A,oplication Information Thank you for your interest in submitting an application to operate a non -retail commercial cannabis in Santa Ana. What applications do I need to submit? All commercial cannabis businesses are required to submit a Phase 1/Registration Application and a Phase 2/Regulatory Safety Permit (RSP) Application. How much are the application processing fees? The Phase 1 processing fee is $1,752.02. The Phase 2/RSP processing fee is $12,529.56. Please note that the Phase 2 permit and fee must be renewed annually. Are there any other fees? All commercial cannabis businesses are required to execute an operating agreement. The operating agreement preparation fee is $2,500.00, payable within 30 days if the Phase 2/RSP is approved. Commercial cannabis businesses in Santa Ana are also subject to following taxes following the passage of Measure Y, approved by Santa Ana voters in November 2018. Commercial Cannabis Business Type Tax Adult -Use Retail 8% of gross receipts or $25 per square foot (annually), whichever is higher. Testing Laboratory 1% of gross receipts or $1.50 per square foot (annually), whichever is higher. Cultivation and Manufacturing 6% of gross receipts or $10 per square foot (annually), whichever is higher. Distribution 6% of gross receipts or $4 per square foot (annually), whichever is higher. Medicinal Retail (subject to separate tax 6% of gross receipts approved in 2014) Is there a cap or limit on the number of permits? There is limit of 30 adult -use retailer RSPs and 20 medicinal retailer RSPB. The application period for adult -use retailers ended March 1, 2018, and no new applications are being accepted. There is no limit on the number of RSPs for "non -retail" commercial cannabis businesses (testing laboratory, cultivation, manufacturing, and distribution). When and how can I submit an application? Applications for "non -retail" commercial cannabis businesses (testing laboratory, cultivation, manufacturing, and distribution) are accepted year-round. Applications are only accepted in digital format. Additional information is provided in each application. Page 1 of 2 2020-2021 Orange County Grand Jury Page 14 City Council 28 — 18 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County Planning and Building Agency +' 1 1 Planning Division .;tee I 20 Civic Center Plaza P.O. Box 1988 (M-20) Commercial Cannabis Non -Retail 1 j III Santa Ana, CA 92702 (714) 647-5804 Business Phase 1 & Phase 2 www.santa-ana.org Aoplication Information Can I submit Phase 1 and Phase 2 applications together? Yes. Applicants are encouraged to submit Phase 1 and Phase 2 applications concurrently, which can save up to 30 days of processing time. Do I need a submittal appointment? Phase 1 submittals do not require an appointment. Phase 1 applications can be submitted during regular Planning Division counter hours. If submitting both Phase 1 and Phase 2 applications together, please contact cannabis[a)santa-ana.org for a submittal appointment. Phase 2 submittals require an appointment. How long is the review period? Phase 1 applications require up to 30 days to process, after which the applicant is informed of the outcome. Phase 2 includes the full background checks of all business owners, managers, employees, and volunteers, as well as plan -check, construction, buildout, and inspections. Because each site will have different plan -check and buildout requirements, the Phase 2 timeframe is more difficult to estimate. The City offers expedited plan -check and overtime inspections if requested by an applicant. Is there a reason my applications would be denied? There is no limit for non -retail commercial cannabis businesses and there no selection process (evaluation, lottery, etc.). Non -retail applications must meet all zoning and buffer requirements, and all owners, managers, employees, and volunteers must meet the Santa Ana Municipal Code (SAMC) requirements for background checks listed in Chapters 18 and 40 [SAMC Sec. 18-613 (n) and 40-8 (3) (x)], as well as any other applicable sections of the SAMC. Is there a flowchart explaining Santa Ana's permit process? Yes. A flowchart explaining the entire application review and permitting process is available online at: http://santa-ana.org/commercialcannabis/defauIt.asp . Is Santa Ana's RSP the same as a State license? No. The City of Santa Ana issues RSPs, which are local permits. The State issues licenses to conduct commercial cannabis business activity. For information on State licenses and the application process, please visit http://bcc.ca.aov/ . Where can I find additional details or information? Additional information on application requirements are contained in the Phase 1 and Phase 2 applications, as well as in the commercial cannabis ordinances available online at https://www.santa-ana.orq/cannabis. For additional information, please contact can nabisCasanta-ana.org. Page 2 of 2 2020-2021 Orange County Grand Jury Page 15 City Council 28 — 19 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County APPENDIX 5 — Santa Ana Ordinance No. NS-2959 SRC 11/20/18 ORDINANCE NO. NS-2959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XX TO CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A CANNABIS PUBLIC BENEFIT FUND THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section XX is hereby added to Chapter 13 of the Santa Ana Municipal Code and shall read as follows: ARTICLE XX.- CANNABIS PUBLIC BENEFIT FUND. Sec. 13-200. - Establishment of the Fund. There is hereby established within the City of Santa Ana the "Cannabis Public Benefit Fund", which shall be two sub -funds, one for Enforcement Services and one for Youth Services, within the City's General Fund (the "Cannabis Fund"). Sec. 13.201.- Purpose. The Cannabis Fund shall be used to fund new or additional Youth Services, as of the date of the fund creation, for City of Santa Ana residents. The Cannabis Fund shall not be used to supplement existing Youth Services. The Cannabis Fund shall also be used to fund community enforcement and code enforcement. Sec. 13.202.- Definitions. For the purposes of this Article, the following words and phrases shall be construed as having the following definitions: Adult Use- shall have the same meaning as that set forth in Santa Ana Municipal Code ("SAMC") section 40-2(2) as may be periodically amended. At the time of adoption of this Article, meaning cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person twenty-one (21) years of age or older. Commercial Cannabis Activity — shall have the same meaning as that set forth in SAMC section 40-2(9) as may be periodically amended. At the time of adoption of this Article, meaning the cultivation, possession, manufacture, distribution, processing, storing, laboratory, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided for in this Chapter Ordinance No. NS-2959 Page 1 of 4 2020-2021 Orange County Grand Jury Page 16 City Council 28 — 20 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County [Chapter 40]. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter [Chapter 40]. Enforcement Services — any and all services provided by City staff for the prevention, detection, investigation and violations of the City's codes and ordinances intended to prevent public nuisances or activities that are detrimental to the health, safety and welfare of the community. Medicinal/Medical Cannabis- shall have the same meaning as that set forth in SAMC section 40-2(27) as may be periodically amended. At the time of adoption of this Article, meaning cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medical cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. Operating Agreement- shall have the same meaning as that set forth in SAMC section 40-1C as may be periodically amended. At the time of adoption of this Article, meaning a legally binding written agreement between each commercial cannabis business operator and the City, executed by the City Manager, or his or her designee, and in a form or substance satisfactory to the Executive Director of Planning and Building and the City Attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied. A distinct Commercial Cannabis Operating Agreement shall be required for each location and type of commercial cannabis business activity taking place at an approved Commercial Cannabis Business. Youth Services- any and all services provided to residents of the City under the age of 24 for athletic, recreational, health, educational, or human services, directly by City staff or through partnerships with third parties, This may include City facility improvements, maintenance and equipment needs related to youth services. Sec. 13.203. - Cannabis Revenue Funding. A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund. The Cannabis Fund shall be funded by an automatic deposit of one-third (1/3) of all cannabis tax revenues generated each year for Enforcement Services and one-third (1/3) of all cannabis tax revenues generated each year for Youth Services, commencing with the Fiscal Year Budget for 2018-20 and continuing thereafter in the budget for each Fiscal Year, from all of the following: 1) Operating Agreements for Commercial Cannabis businesses and 2) Any newly adopted Cannabis Business License Tax. For purposes of this subsection, in addition to the descriptions provided directly above in this paragraph, the phrase "cannabis tax revenues" means all revenues generated from any new or increased cannabis tax which has been approved by the voters of the City on or after the effective date of this Chapter and any increase of the cannabis tax Ordinance No. NS-2959 Page 2 of 4 2020-2021 Orange County Grand Jury Page 17 City Council 28 — 21 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County authorized by the Santa Ana Municipal Code and approved by the City Council. Tax revenue from Medicinal/Medical Cannabis shall not go into the Cannabis Fund. Funds in these sub -funds shall be carried over from year-to-year. B. Discretionary Deposits into Cannabis Fund Not Prohibited. Nothing in this Chapter shall prohibit the City Council, as part of the budgeting process, from contributing additional revenues to the Cannabis Fund, as determined in the City Council's sound legislative discretion. C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund shall be restricted to 1) Youth Services: expenditures for new, additional or enhanced, as of the date the Cannabis Fund is created, Youth Services for City of Santa Ana residents and 2) Enforcement Services: expenditures for Enforcement Services. Sec. 13-204.- Presentation to City Council. At least two times per year the City Manager shall make a presentation to the City Council and report on the revenue that has been deposited in the Cannabis Fund and expenditures from the Cannabis Fund. Sec. 13-205. - Procedure for Amending, Suspending or Rescinding Ordinance. This ordinance may only be amended, suspended or rescinded by an affirmative vote of at least two-thirds of the City Council after making findings that a structural deficit exists in the same manner as required to access the Economic Uncertainty Account as set forth in the City's Budget and Financial Policy. Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 4t" day of December, 2018. Ordinance No. NS-2959 Page 3 of 4 2020-2021 Orange County Grand Jury Page 18 City Council 28 — 22 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County APPROVED AS TO FORM: By: A L�d_ — Sonia R. Carvalho City Attorney AYES: Councilmembers: Benavides, Pulido, Martinez, Solorio, Tinajero, Villegas (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Sarmiento (1)� CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2959 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 4, 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. N5-2959 Page 4 of 4 2020-2021 Orange County Grand Jury Page 19 City Council 28 — 23 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County GLOSSARY Adult -Use Terminology used for "recreational" use to distinguish from "medicinal" use. BCC California Bureau of Cannabis Control Cannabis Cannabis refers to a group of three plants with psychoactive properties, known as cannabis sativa, cannabis indica, and cannabis ruderalis. When the flowers of these plants are harvested and dried, it becomes one of the most common drugs in the world. It is also referred to as weed, pot, or marijuana. Cannabis Public Benefit Fund The fund created by ordinance NS-2959 for revenue received in accordance with Measure Y. Community Benefits Program A voluntary, good -will program for dispensary owners and employees to provide donations or volunteer hours to the City of Santa Ana. DOJ United States Department of Justice Dispensary A retail store or business that sells Cannabis products. Medicinal Use specifically for medical purposes such as treating PTSD or for relieving nausea caused by chemotherapy. OCGJ Orange County Grand Jury PLAN Community Benefit and Sustainable Business Practices Plan Regulatory Safety Permit (RSP) A permit used by the City of Santa Ana pursuant to Chapter 40 of its Municipal Code. Unlicensed Also known as "illegal" or "black market." Dispensaries not licensed or legally authorized to sell Cannabis products to the public. 2020-2021 Orange County Grand Jury Page 20 City Council 28 — 24 9/7/2021 "Pot Luck": Santa Ana's Monopoly on Licensed Retail Adult -Use Cannabis in Orange County BIBLIOGRAPHY California Marijuana Legalization, Proposition 19 (1972). (1972, Nov 7). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia.org/California Marijuana_Legalization,_Proposition_19_(1972) California Proposition 215, the Medical Marijuana Initiative (1996). (1996, Nov 5). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia. org/Califomia_Proposition_215,_the_Medical_Marijuana_Initiative_( 1996) ORDINANCE NO. NS -2929. (2017, Oct 17). Retrieved 2021, from SantaAna Granicus: http://santaana. granicus. com/MetaViewer.php?view_id=2&clip_id=1414&meta_id=5450 9 Ordinance NS- 2959, Establishing a Cannabis Public Benefit Fund. (2018, Dec). Retrieved 2021, from SantaAna Granicus: https:Hsantaana.granicus.com/MetaViewer.php?view_id=2&event id=8261&meta id=12 2354 Proposition 64: The Adult Use of Marijuana Act. (2016, Nov). Retrieved 2012, from California Courts The Judicial Branch of California: https://www.courts.ca.gov/prop64.htm Santa Ana, California, Measure Y, Recreational Marijuana Business Tax (November 2018). (2618, Nov 6). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia. org/S anta_Ana,_California,_Measure_Y,_Recreational_Marijuana_Bu siness_Tax_(November 2018) Text of Proposition 19, the "Regulate, Control and Tax Cannabis Act of 2010" (California). (2010). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia.org/Text — of Proposition_ 19,_ the _%22Regulate,_Control_and_Tax_C annabis Act of 2010%22_(California) 2020-2021 Orange County Grand Jury Page 21 City Council 28 — 25 9/7/2021 Exhibit 2 Grand Jury Findings and City Responses Finding Response to Finding F1 There is no clearly identifiable accounting of where all the The City disagrees with this finding. The Budget Documents on the City's website include the planned spending as well as Enforcement Services money received from Retail Adult -Use historical spending. FY19-20 pages 2-1 through 2-12, FY20-21 pages 2-4 through 2-18, and FY21-22 pages 5-14, 7-21,10-41, and Cannabis licensing in accordance with Santa Ana Municipal 12-22. In addition, actual and budget spending data can be found in the City's OpenBook portal. The specific link for the Cannabis Ordinance number NS-2959, section 13-203 was spent. Public Benefit fund is https://santaana.openbook.ouestica.com/#/visualization/78ea955f-018b-4bb4-b163- dd46b21f004c?ID110 ID2534 ID591 FUndDlsplayName=012%20-%20CANNABIS%20PUBLIC%20BENEFIT&h=Fund&hl=2 F2 The legalization of Retail Adult -Use Cannabis by the City of Santa The City agrees with the Grand Jury's finding. Ana and the resulting increase in city revenue have allowed the city to significantly expand its youth services programs. F3 There are multiple departments within the City of Santa Ana The City disagrees with this finding. The City Council has funded key staff positions in the Planning and Building Agency, Police responsible for various aspects of Retail Adult -Use Cannabis Department, Finance and Management Services, and the City Attorney's Office for commercial cannabis program administration; oversight. The decentralized nature of the oversight within the the oversight of this industry is performed by key personnel that provides expertise in their area of public administration. As City makes information difficult to obtain. such, the City of Santa Ana has developed its approach to address cannabis commerce no different than any other approved industry or business operating within the City. This multi -agency organizational approach allows for checks and balances, ensures accuracy in the information provided, and further enhances efficiency protocols to provide essential customer service. More importantly, it limits bureaucratic delays and provides direct departmental -related expertise in the assistance of any query while also providing the capability for quick remedial action in the resolution of any concern. As an example, Planning and Building personnel understandably address zoning and tenant improvement inquiries, while business license related concerns are promptly addressed by the Finance and Management Services Agency. This approach in developing and governing of the cannabis regulatory program has placed Santa Ana at the forefront of the cannabis growth industry in Orange County and in the State, allowing the City to efficiently administer the program. F4 The number of unlicensed cannabis dispensaries in Santa Ana The City agrees with the Grand Jury's finding. has significantly declined since the business licensing of Retail Adult -Use Cannabis dispensaries. F5 The Orange County Grand Jury did not receive evidence of an The City agrees with the Grand Jury's finding. increase in crime as a result of the licensing of Retail Adult -Use Cannabis dispensaries. F6 The Cannabis Community Benefits Program motivates local The City agrees with the Grand Jury's finding. dispensaries to contribute funds and/or staff volunteerhours for the benefit of the City of Santa Ana. City Council 28 — 26 9/7/2021 Exhibit 2 Grand Jury Recommendations and City Responses Recommendation City response R1 The Orange County Grand Jury recommends that the Santa Ana The City can prepare a detailed spending report as recommended by the Grand Jury. Detailed spending information for City Council require an annual report specifically detailing all Retail FY19-20 and FY20-21 was presented to City Council with the August 17, 2021 agenda. A detailed spending report can be Adult -Use Cannabis money spent each fiscal year. This report presented to City Council by December 31 each year. However, the City cannot commit to a detailed spending report by should be presented to the Santa Ana City Council and made September 30 for future years, as the general ledger is not fully reconciled and audited by each September 30. public. This should be completed by December 31, 2021, for fiscal year 2020-21, and by September 30 following each fiscal year thereafter. (Fl) R2 The Orange County Grand Jury recommends that the City of Santa This recommendation has already been implemented by the City since 2020. The City created the Cannabis Office & Ana designate an individual to oversee and provide centralized Operations Logistics unit with trained staff within the Planning and Building Agency to serve as the central repository for coordination of Retail Adult -Use Cannabis activity commencing cannabis information and inquiries. This Office functions as a "one -stop shop" to administer the commercial cannabis January 1, 2022. (8) regulatory program. With a concierge -approach mindset, the Office tailors its approach to match the unique circumstances of this new industry and specifically addresses and coordinates applications for commercial cannabis permits in the City of Santa Ana. As the central resource for the City, this Office works directly with State of California cannabis regulatory agency, pertinent City and external agencies, and cannabis business stakeholders in the implementation of the city's cannabis program to ensure adherence to the city's municipal code and prompt openings of new businesses. As part of its task, the Office also works with City Attorney's Office and the Police Department on background checks and coordinates enforcement and compliance with applicable regulations. R3 The Orange County Grand Jury recommends that the City of Santa Upon adopting an ordinance to allow and regulate adult -use retail cannabis businesses in Santa Ana, the City required all Ana create a process to report to the Santa Ana City Council and adult -use cannabis retailers to enter into an Operating Agreement to accomplish several goals:1. Require full compliance the residents of Santa Ana detailed information about the with all ordinance requirements to operate a cannabis business in Santa Ana; 2. Commit to payment of operating fees participation of Retail Adult -Use Cannabis dispensaries in the based on business activities; and 3. Engage businesses with the Santa Ana community through local hiring, local sourcing, Community Benefits Program by December 31, 2021 and yearly volunteer events, charitable contributions, and sustainable business practices for the environment and for employees. thereafter. (F6) Upon the adoption of subsequent ordinances and voter -approved taxes in Measure Y, many of the goals of the Operating Agreement were replaced by ordinance but the community benefits component remained. All cannabis businesses continue to commit to various forms of community benefits, and results have been successful, with cannabis businesses providing various forms of charitable contributions, volunteer hours, toy drives, participation in Covid-19 relief programs like CARES Act measures, and food drives. The City recognizes the opportunity to continue building upon the program drawing from City's experience with the Operating Agreement process, as community benefit commitments may take many different forms and functions. Staff are currently drafting measures to replace the Operating Agreement in its entirety and to develop measurable community benefit and commitment requirements. These changes are will be presented for City Council consideration in early 2022. City Council 28 — 27 9/7/2021 Human Resources www.santa-ana.org/hr Item # 29 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Master Salary Schedule AGENDA TITLE: Adopt a Resolution Amending Resolution No. 2019-111 to Effect Certain Changes to the City's Master Salary Schedule in Conformance with Title 2 of the California Code of Regulations Section 570.5 and the California Public Employees' Retirement System (CaIPERS) RECOMMENDED ACTION Adopt a Resolution Amending Resolution No. 2019-111 to effect certain changes to the City's Master Salary Schedule for all represented and unrepresented employee classifications of the City of Santa Ana, covered by the City's Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council. DISCUSSION Adoption of this Resolution (Exhibit 1) will amend Resolution No. 2019-111 with the following changes to the City's Master Pay Schedule: 1) On October 1, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of the City of Santa Ana (No. A-2019-186), which authorized a base salary increase of three and one-half percent (3.5%) effective July 1, 2021. 2) On October 1, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Management Association (No. A-2019-185), which authorized a base salary increase of three and one-half percent (3.5%) effective July 1, 2021. 3) On November 19, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Service Employees International Union Local 721 (No. A-2020-090), which authorized a City Council 29 — 1 9/7/2021 Master Salary Schedule September 7, 2021 Page 2 base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%) effective July 1, 2021. 4) On May 5, 2020, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Part -Time Civil Service Employees Unit Service Employees International Union Local 721 (No. A-2020- 090), which authorized a base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%) effective July 1, 2021. 5) On June 3, 2021, City Council approved a Resolution (No. 2021-033) amending the City's Classification and Compensation plan. 6) On June 6, 2021, City Council approved a Resolution (No. 2021-026) amending the City's Classification and Compensation plan. Adoption of this Resolution (Exhibit 1) will comply with CaIPERS' interpretation of the requirements of Title 2 of the California Code of Regulations section 570.5 by affirming the single Master Salary Schedule already on the City's website and publically available and representing all previously approved actions on individual employee classifications set forth as part of the salary schedule. CalPERS, pursuant to their interpretation of Title 2 of the California Code of Regulations Section 570.5, which recommends all California Public Employees' Retirement System (CaIPERS) employers to maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements: A) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; B) Identifies the position title for every employee position; C) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range; D) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; E) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; F) Indicates an effective date and date of any revisions; City Council 29 — 2 9/7/2021 Master Salary Schedule September 7, 2021 Page 3 G) Is retained by the employer and available for public inspection for not less than five years; H) And, does not reference another document in lieu of disclosing the pay rate. CalPERS interprets California Code of Regulations Section 570.5 to require that the City list compensation levels for all positions on one document duly approved and adopted by the City Council. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager City Council 29 — 3 9/7/2021 RESOLUTION NO. 2021- XXX ADOPT A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 2019-111 TO EFFECT CERTAIN CHANGES TO THE CITY'S MASTER SALARY SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) 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 California Public Employees' Retirement System (CaIPERS) recommends that all CaIPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 of the California Code of Regulations section 570.5, and meeting all of the following requirements thereof: 1) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; 2) Identifies the position title for every employee position; 3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range; 4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; 5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; 6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and ResQdIWi66i12021-XXX 29 — 4 9/7/2021 Page 1 of 4 8) Does not reference another document in lieu of disclosing the pay rate. Section 2: The Master Salary Schedule was previously prepared, publically available, and compiled from information that was already approved and adopted by the City Council pursuant to previous Resolutions Amending and/or Restating the City's Classification and Compensation Plan, employment agreements, and Memorandums of Understanding with various labor organizations representing City employees. Section 3: On December 3, 2019, the Santa Ana City Council approved Resolution No. 2019-111 adopting the Master Salary Schedule. It has been amended by Resolution Nos. 2020-006, 2020-079, and 2021-015. Section 4: On October 1, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of the City of Santa Ana (No. A-2019-186), which authorized a base salary increase of three and one-half percent (3.5%) effective July 1, 2021. Section 5: On October 1, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Management Association (No. A-2019-185), which authorized a base salary increase of three and one-half percent (3.5%) effective July 1, 2021. Section 6: On November 19, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Service Employees International Union Local 721 (No. A-2020-090), which authorized a base salary increase of seven (7) salary rate ranges, which is approximately three and one- half percent (3.5%) effective July 1, 2021. Section 7: On May 5, 2020, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Part -Time Civil Service Employees Unit Service Employees International Union Local 721 (No. A-2020- 090), which authorized a base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%) effective July 1, 2021. Section 8: On July 7, 2020, the Santa Ana City Council approved the Second Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association (No. A-2020-149). The Second Amendment deferred the July 1, 2020 base salary increase of eight (8) salary rate ranges, which is approximately four percent (4.0%), as follows: Effective January 1, 2021, the base salary increased by four (4) salary rate ranges, which is approximately two percent (2.0%). II. Effective July 1, 2021, the base salary increased by four (4) salary rate ranges, which is approximately two percent (2.0%). ResQd1WiG6i12021-XXX 29 — 5 9/7/2021 Page 2 of 4 Section 9: On June 1, 2021, City Council approved a Resolution (No. 2021-026) amending the City's Classification and Compensation plan. Section 10: On June 3, 2021, City Council approved a Resolution (No. 2021-033) amending the City's Classification and Compensation plan. Section 11: The City Council has amended and reestablished the City's Master Pay Schedule on several occasions since its adoption. Section 12: The City of Santa Ana now desires to amend and restate the City's "Master Salary Schedule" to reflect the changes outlined in Sections 3 through 11 of this Resolution. The Master Salary Schedule as amended and restated is set forth in Attachment "A" to this Resolution and incorporated herein by reference. Section 13: This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of Council shall attest to and certify the vote adopting this Resolution. The effective dates of the pay ranges for each title and job category identified in the Master Salary Schedule are indicated therein. ADOPTED this 7th day of September, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 1,�A.R � Laura A. Rossini Chief Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: RedroIt)tiGOWH2021-XXX 29 — 6 9/7/2021 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do Resolution No. 2021-XXX to be the original City of Santa Ana on September 7, 2021. Date: hereby attest to and certify the attached resolution adopted by the City Council of the Daisy Gomez Clerk of the Council City of Santa Ana ResQd1Wi66 i12021-XXX 29 — 7 9/7/2021 Page 4of4 ATTACHMENT A CITY OF SANTA ANA MASTER SALARY SCHEDULE OEANOE 40�NT�' oEN E��7 H Ef OIINUF� 19d9 � FISCAL YEAR 2021-2022 Update as of July 1, 2021 City Council 29 — 8 9/7/2021 TABLE OF CONTENTS: REGULAR CLASSES AND ASSIGNMENT OF CLASSES TO SALARY RATE RANGES .............................P. 01 - 07 PART-TIME CATEGORIES SALARY RATE RANGES................................................................................P. 08 - 09 DEFINE SALARY RATE RANGE AND STEP ADVANCEMENT.................................................................P. 10 - 12 SPECIAL COMPENSATION PROVISIONS................................................................................................P. 13 - 17 OTHER PAY ADDITIVES............................................................................................................................P. 18 - 24 FOOTNOTES..............................................................................................................................................P. 25 - 26 EFFECTIVE CHANGES, INCORPORTED HEREIN.....................................................................................P. 27 PRIMARY SALARY MATRIX (EXHIBIT A).................................................................................................P. 28 MIDDLE -MANAGEMENT SALARY MATRIX (EXHIBIT B).......................................................................P. 29 EXECUTIVE MANAGEMENT SALARY MATRIX (EXHIBIT C)..................................................................P. 30 City Council 29 — 9 9/7/2021 CITY OF SANTA ANA Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 Effective Effective MONTHLY SALARY RATE RANGES UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E CODE CODE JOB TITLE RANGE NO. RANGE NO. SEIU 6 01140 ACCOUNTANT I 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427 SEIU 6 0115ogg ACCOUNTANT II 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557 SEIU 6 07010 ACCOUNTING ASSISTANT 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790 SEIU 6 07015 ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790 MID M-NS 01120 ACCOUNTING MANAGER (MM) MM-25 MM-25 - - 10,622 - 12,943 - 15,769 SEIU 6 07009 ACCOUNTS PAYABLE SUPERVISOR 668 675 5,623 5,905 6,200 6,510 6,835 7,176 7,535 SEIU 6 01295 ACTIVE TRANSPORTATION COORDINATOR 710 717 6,903 7,247 7,609 7,989 8,389 8,809 9,250 UC 07271 ADMINISTRATIVE SECRETARY (UC)** 610 610 - 4,921 5,168 5,425 5,703 5,989 6,286 MID M-NS 00190 ADMINISTRATIVE SERVICES MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 POA-NS 03920 ANIMALSERVICE OFFICER 1 664 668 5,434 5,706 5,992 6,291 6,606 POA-NS 03930 ANIMALSERVICE OFFICER II 694 698 - - 6,291 6,606 6,937 7,283 7,647 ADMIN MGMT-NS 02910 APPLICATIONS SYSTEMS MANAGER (AM)** AM774 AM774 10,968 11,521 12,097 12,702 13,338 ADMIN MGMT-NS 02915 APPLICATIONS/TECH SUPPORT MANAGER (AM)** AM784 AM784 - - 11,521 12,097 12,702 13,338 14,005 SEIU 6 02845 ARTS & CULTURE SPECIALIST 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427 SEIU 6 00270 ASSISTANT BUYER 635 642 4,787 5,026 5,278 5,542 5,818 6,110 6,415 MID M-NS 01620 ASSISTANT CITY ATTORNEY (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 EXEC-NS 00090 ASSISTANT CITY MANAGER (EM) EM-40 EM-40 - - 17,581 - - - 23,245 MID M-NS 01710 ASSISTANTCLERK OFTHE COUNCIL(MM) MM-18 MM-18 - - 8,937 - 10,889 - 13,265 MID M-NS 02865 ASSISTANT DIR OF COMMUNITY DEVELOPMENT (MM) MM-26 MM-26 - - 10,889 - 13,265 - 16,160 MID M-NS 01180 ASSISTANT DIR OF FINANCE AND MANAGEMENTSVCS (MM) MM-28 MM-28 - - 11,439 - 13,936 - 16,980 MID CMM-NS 01836 ASSISTANT DIR OF HUMAN RESOURCES (CMM) CMM-26 CMM-26 - - 10,889 - 13,265 - 16,160 MID M-NS 02492 ASSISTANT DIR OF PLANNING AND BUILDING (MM) MM-28 MM-28 - - 11,439 - 13,936 - 16,980 SEIU 6 01601m ASSISTANT ENGINEER 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149 SEIU6 00530 ASSISTANT FLEET SERVICES TECHNICIAN 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678 SEIU6 04125 ASSISTANT INSTRUMENT TECHNICIAN 642 649 4,954 5,201 5,461 5,734 6,021 6,322 6,638 SEIU 6 05180 ASSISTANT LIBRARIAN 623 630 4,511 4,741 4,978 5,226 5,488 5,762 6,050 SEIU 6 00280 ASSISTANT PARKS/LANDSCAPE PLANNER 675 682 5,818 6,110 6,415 6,735 7,073 7,427 7,799 SEIU 6 01410m/n ASSISTANT PLAN CHECK ENGINEER 747 754 8,269 8,683 9,117 9,577 10,055 10,558 11,086 SEIU 6 00040 ASSISTANT PLANNER 1 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761 SEIU 6 02440 ASSISTANT PLANNER II 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557 ADMIN MGMT-NS 01772 ASSISTANT PUBLIC WORKS MAINTENANCE MANAGER (AM)** AM750 AM750 - - 9,755 10,243 10,756 11,295 11,858 MID M-NS 07721 ASSISTANTTOTHE CITY MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU6 02155 ASSISTANT TRAFFIC OPERATIONS ENGINEER 748 755 8,309 8,725 9,161 9,625 10,105 10,611 11,142 SEIU 6 02100m ASSOCIATE ENGINEER 747 754 8,269 8,683 9,117 9,577 10,055 10,558 11,086 SEIU 6 01040 ASSOCIATE PARK AND LANDSCAPE PLANNER 725 732 7,427 7,799 8,189 8,599 9,029 9,482 9,955 SEIU 6 02280m/n ASSOCIATE PLAN CHECK ENGINEER 762 769 8,897 9,342 9,819 10,309 10,825 11,366 11,934 SEIU 6 02450 ASSOCIATE PLANNER 724 731 7,391 7,761 8,149 8,557 8,985 9,434 9,906 POA-NS 06170 BACKGROUND INVESTIGATOR 679 683 - - 5,847 6,140 6,446 6,768 7,107 MID M-NS 00474 BENEFITS AND COMPENSATION MANAGER (MM) MM-18 MM-18 - - 8,937 - 10,889 - 13,265 SEIU6 05150 BIBLIOGRAPHIC TECHNICIAN 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762 UC 00497 BUDGET AIDE (UC)** 642 642 - 5,759 6,046 6,349 6,666 7,000 7,351 UC 00496 BUDGET ANALYST (UC)** 668 668 - 6,538 6,863 7,209 7,568 7,948 8,346 ADMIN MGMT-NS 06400 BUDGET AND RESEARCH MANAGER (AM)** AM764 AM764 - - 10,446 10,968 11,521 12,097 12,702 ADMIN MGMT-NS 00493 BUDGET SUPERVISOR (AM)** AM744 AM744 - - 9,473 9,947 10,446 10,968 11,521 SEIU 6 04315 BUILDING MAINTENANCE AIDE 592 599 3,880 4,074 4,278 4,493 4,718 4,954 5,201 SEIU 6 04310 BUILDING MAINTENANCE SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149 SEIU 6 04140 BUILDING MAINTENANCE TECHNICIAN 632 639 4,718 4,954 5,201 5,461 5,734 6,021 6,322 MID M-NS 00940 BUILDING SAFETY MANAGER (MM) MM-26 MM-26 - - 10,889 - 13,265 - 16,160 SEIU6 02230q BUILDING TECHNICIAN 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170 SEIU6 01240 BUSINESSTAXCOLLECTOR/INSPECTOR 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510 SEIU 6 01350k BUYER 678 685 5,905 6,200 6,510 6,835 7,176 7,535 7,913 SEIU6 07030 CENTRALSERVICES SUPERVISOR 639 646 4,882 5,126 5,382 5,650 5,934 6,230 6,542 MID M-NS 01650 CHIEF ASSISTANT CITY ATTORNEY (MM) MM-30 MM-30 - - 12,018 - 14,642 - 17,840 MID CMM-NS 01651 CHIEF ASSISTANT CITY ATTORNEY -EMPLOYEE RELATIONS (EXEMPT) (CMM) CMM-30 CMM-30 - - 12,018 - 14,642 - 17,840 EXEC-NS 01701 CHIEF TECHNOLOGY INNOVATIONS OFFICER (EM) EM-20 EM-20 - - 14,075 - - - 18,315 APPOINT 01690 CITY ATTORNEY (EM)* N/A N/A - - - Per Contract - - APPOINT 01790 CITY MANAGER (EM)* N/A N/A Per Contract: $24,167 Monthly ($290,000 annually) MID M-NS 02150 CITY TRAFFIC ENGINEER (MM) MM-25 MM-25 - - 10,622 - 12,943 - 15,769 SEIU 6 ,934 City Council 29 - 10 9/7/2021 Page 1 of 30 Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 UNIT CODE JOB CODE JOB TITLE Effective 1/1/2021 RANGE NO. Effective 7/1/2021 RANGE NO. AAA AA MONTHLY SALARY RATE RANGES A B C D E APPOINT 01990 CLERK OF THE COUNCIL (EM)* EM-33 EM-33 Per Contract: (STEP 14) $14,075/MO SEIU 6 02780h CODE ENFORCEMENT ASSOCIATE 632 639 4,718 4,954 5,201 5,461 5,734 6,021 6,322 MID M-NS 02750 CODE ENFORCEMENT MANAGER (MM) MM-26 MM-26 - - 10,889 - 13,265 - 16,160 SEIU 6 02740h CODE ENFORCEMENT OFFICER 676 683 5,847 6,140 6,446 6,768 7,107 7,463 7,837 ADMIN MGMT-NS 02745 CODE ENFORCEMENT PRINCIPAL (AM)** AM725 AM725 - - 8,634 9,065 9,518 9,997 10,496 SEIU 6 00070h CODE ENFORCEMENT SUPERVISOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809 SEIU 6 06430q COMBINATION BUILDING INSPECTOR 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989 POA-NS 07660 COMMUNICATIONS SERVICES OFFICER 659 663 - - 5,304 5,569 5,847 6,140 6,446 SEIU 6 07585 COMMUNITY DEVELOPMENT ANALYST 689 696 6,230 6,542 6,869 7,211 7,571 7,951 8,349 SEIU 6 07321 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 611 618 4,257 4,470 4,694 4,930 5,176 5,434 5,706 MID M-NS 07615 COMMUNITY DEVELOPMENT MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 05000 COMMUNITY LIAISON 695 702 6,415 6,735 7,073 7,427 7,799 8,189 8,599 SEIU 6 02240u CONSTRUCTION INSPECTOR 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761 SEIU6 01850w CONTRACTS ADM INISTRATOR 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989 MID M-NS O4780 CORPORATE YARD FACILITIES/FLEET SVCS MGR (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 04070 CORPORATE YARD MAINTENANCE ATTENDANT 568 575 3,449 3,622 3,803 3,994 4,194 4,404 4,624 PMA-NS 01971 CORRECTIONAL MANAGER (RM) M770 M770 - 8,941 9,388 9,857 10,350 10,868 - POA-NS 00310dd/oo/uu CORRECTIONAL OFFICER 679 683 - - 5,847 6,140 6,446 6,768 7,107 SEIU 6 07630 CORRECTIONAL RECORDS SPECIALIST 575 582 3,568 3,747 3,935 4,132 4,339 4,556 4,787 SEIU 6 07629 CORRECTIONAL RECORDS SUPERVISOR 652 659 5,201 5,461 5,734 6,021 6,322 6,638 6,971 POA-NS 00370uu/vv CORRECTIONAL SUPERVISOR 728 732 - - 7,427 7,799 8,189 8,599 9,029 MID M-NS 00400 COUNCIL SERVICES MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 UC 00830 COUNCIL SERVICES SECRETARY (UC)-* 589 589 - 4,445 4,669 4,902 5,145 5,407 5,674 COUNCIL 08700 COUNCILMEMBER N/A N/A - - 1,000 - - - - POA-NS 03995 CRIME RESEARCH AIDE 690 694 - - 6,170 6,478 6,801 7,141 7,499 POA-NS 03990 CRIME RESEARCH ANALYST 716 720 - - 7,005 7,355 7,723 8,109 8,515 SEW 6 04005 CUSTODIAL AIDE/PORTER 537 544 2,965 3,113 3,269 3,432 3,604 3,784 3,974 SEIU 6 04000k CUSTODIAN 567 574 3,432 3,604 3,784 3,974 4,173 4,382 4,601 SEIU 6 04090 CUSTODIAN SUPERVISOR 623 630 4,511 4,741 4,978 5,226 5,488 5,762 6,050 SEIU 6 01220k CUSTOMER SERVICE REPRESENTATIVE 622 629 4,493 4,718 4,954 5,201 5,461 5,734 6,021 SEIU 6 04200 DATA ENTRY OFFICE ASST 592 599 3,880 4,074 4,278 4,493 4,718 4,954 5,201 MID M-NS 01610 DEPUTY CITY ATTORNEY (MM) MM-12 MM-12 - - 7,704 - 9,386 - 11,439 MID M-NS 00315 DEPUTY CITY ENGINEER (MM) MM-25 MM-25 - - 10,622 - 12,943 - 15,769 SEIU 6 07050 DEPUTY CLERK OF THE COUNCIL 634 641 4,764 5,002 5,252 5,515 5,790 6,080 6,384 MID M-NS 02251 DEPUTY PUBLIC WORKS DIR/CONSTRUCTION SERVICES MGR (MM) MM-26 MM-26 - - 10,889 - 13,265 - 16,160 MID M-NS O4430 DEPUTY PUBLIC WORKS DIR/MAINTENANCE SERVICES MGR (MM) MM-24 MM-24 - - 10,359 - 12,627 - 15,384 MID M-NS 00320 DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER (MM) MM-28 MM-28 - - 11,439 - 13,936 - 16,980 MID M-NS O4410 DEPUTY PUBLIC WORKS DIRECTOR/WATER RSRCS MGR (MM) MM-26 MM-26 - - 10,889 - 13,265 - 16,160 SEIU 6 03100 DNA COORDINATOR 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790 MID M-NS 02690 ECONOMIC DEVELOPMENT MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 00560 ECONOMIC DEVELOPMENT SPECIALIST 1 695 702 6,415 6,735 7,073 7,427 7,799 8,189 8,599 SEIU 6 00550 ECONOMIC DEVELOPMENT SPECIALIST II 724 731 7,391 7,761 8,149 8,557 8,985 9,434 9,906 SEIU 6 00350 ECONOMIC DEVELOPMENT SPECIALIST III 754 761 8,557 8,985 9,434 9,906 10,401 10,922 11,468 POA-NS 02705 EMERGENCY OPERATIONS COORDINATOR 748 752 - - 8,189 8,599 9,029 9,482 9,955 LICE 01784 EMPLOYEE RELATIONS ANALYST (UCE) 663 663 6,380 6,702 7,034 7,386 7,754 8,142 MID CMM-NS 01781 EMPLOYEE RELATIONS MANAGER (CMM) CMM-22 CMM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 02030 ENGINEERING AIDE 628 635 4,624 4,858 5,101 5,356 5,623 5,905 6,200 SEW 6 02035 ENGINEERING TECHNICIAN 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510 SEIU 6 01771 ENTERPRISE PROGRAM MANAGER 727 734 7,499 7,875 8,269 8,683 9,117 9,577 10,055 SEW 6 00440hh EQUIPMENT OPERATOR 634 641 4,764 5,002 5,252 5,515 5,790 6,080 6,384 SEIU6 04215 EQUIPMENT OPERATOR - WATER SERVICES 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510 UC 01515 EQUITY AND INCLUSION COORDINATOR (EXEMPT) (UC)** 668 668 - 6,538 6,863 7,209 7,568 7,948 8,346 UC 00900 EXECUTIVE ASSISTANT (UC)** 645 645 5,844 6,138 6,444 6,765 7,103 7,459 EXEC-NS 02870 EXECUTIVE DIR OF COMMUNITY DEVELOPMENT (EM) EM-20 EM-20 - - 14,075 - - - 18,315 EXEC-NS 01190 EXECUTIVE DIR OF FINANCE AND MGMT SVCS (EM) EM-20 EM-20 - - 14,075 - - - 18,315 EXEC-NS 01830 EXECUTIVE DIR OF HUMAN RESOURCES (EM) EM-20 EM-20 - - 14,075 - - - 18,315 EXEC-NS 05400 EXECUTIVE DIR OF PARKS, REC & COMMUNITY SVCS (EM) EM-20 EM-20 14,075 18,315 EXEC-NS 02490 EXECUTIVE DIR OF PLANNING AND BLDG SAFETY (EM) EM-30 EM-30 - - 15,537 - - - 20,218 EXEC-NS ,218 City Council 29 - 11 9/7/2021 Page 2 of 30 L�►�c•�fy_i.►r_i_vr_� Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 UNIT CODE JOB CODE JOB TITLE Effective 1/1/2021 RANGE NO. Effective 7/1/2021 RANGE NO. AAA AA MONTHLY SALARY RATE RANGES A B C D E UCE 07393 EXECUTIVE SECRETARY- HUMAN RESOURCES (UCE) 615 615 - 5,045 5,297 5,563 5,844 6,138 6,444 UC 07392 EXECUTIVE SECRETARY (UC)** 615 615 - 5,045 5,297 5,563 5,844 6,138 6,444 UC 00140 EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC)** 620 620 - 5,168 5,425 5,703 5,989 6,286 6,602 MID M-NS O4376 FACILITIES AND FLEET MAINTENANCE MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 ADMIN MGMT-NS O4377 FACILITIES MAINTENANCE MANAGER (AM) AM723 AM723 - - 8,549 8,978 9,428 9,900 10,396 MID M-NS O4375 FACILITIES MAINTENANCE SUPERINTENDENT (MM) MM-18 MM-18 - - 8,937 - 10,889 - 13,265 SEW 6 04370 FACILITIES SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149 UC 00481 FINANCIAL ANALYST (UC)** 663 663 - 6,380 6,702 7,034 7,386 7,754 8,142 POA-NS 07600ww FIREARMS EXAMINER 735 739 - - 7,685 8,069 8,473 8,897 9,342 SEIU 6 00500 FLEET PARTS SPECIALIST 649 656 5,126 5,382 5,650 5,934 6,230 6,542 6,869 ADMIN MGMT-NS O4785 FLEET SERVICES MANAGER (AM) AM723 AM723 - - 8,549 8,978 9,428 9,900 10,396 SEIU 6 04770e FLEET SERVICES SUPERVISOR 698 705 6,510 6,835 7,176 7,535 7,913 8,309 8,725 SEW 6 04720b/e FLEET SERVICES TECHNICIAN 639 646 4,882 5,126 5,382 5,650 5,934 6,230 6,542 SEW 6 04730b/e FLEET SERVICES TECHNICIAN II 659 666 5,382 5,650 5,934 6,230 6,542 6,869 7,211 SEW 6 00450b/e FLEET SERVICES TECHNICIAN III 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761 POA-NS 01360 FORENSIC SERVICES SUPERVISOR 766 770 - - 8,941 9,388 9,857 10,350 10,868 POA-NS 03970y/yy/zz FORENSIC SPECIALIST 690 694 - - 6,170 6,478 6,801 7,141 7,499 POA-NS 03980dd/yy/zz/aaa FORENSIC SPECIALIST II 709 713 - - 6,768 7,107 7,463 7,837 8,229 SEIU 6 04190 GENERAL MAINTENANCE LEADER 653 660 5,226 5,488 5,762 6,050 6,353 6,670 7,005 SEIU 6 01010 GENERAL MAINTENANCE SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149 SEIU 6 04180 GENERAL MAINTENANCE WORKER 632 639 4,718 4,954 5,201 5,461 5,734 6,021 6,322 SEW 6 02190 GIS ADMINISTRATOR 719 726 7,211 7,571 7,951 8,349 8,767 9,205 9,673 SEW 6 02192 GIS SYSTEMS ANALYST/PROGRAMMER 701 708 6,606 6,937 7,283 7,647 8,029 8,431 8,853 SEIU 6 01500 GRAPHICS DESIGNER I 635 642 4,787 5,026 5,278 5,542 5,818 6,110 6,415 SEIU 6 02400k GRAPHICS DESIGNER II 655 662 5,278 5,542 5,818 6,110 6,415 6,735 7,073 MID M-NS 03751 HOMELESS SERVICES DIVISION MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 ADMIN MGMT-NS 03750 HOMELESS SERVICES MANAGER (AM)** AM764 AM764 - - 10,446 10,968 11,521 12,097 12,702 SEIU 6 01885 HOUSING AUTHORITY ANALYST 692 699 6,322 6,638 6,971 7,319 7,685 8,069 8,473 SEIU 6 07640 HOUSING AUTHORITY COORDINATOR 755 762 8,599 9,029 9,482 9,955 10,453 10,976 11,525 SEIU6 02720 HOUSING AUTHORITY OPERATIONS SUPERVISOR 713 720 7,005 7,355 7,723 8,109 8,515 8,941 9,388 MID M-NS 02460 HOUSING DIVISION MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 07580 HOUSING PROGRAMS AIDE 604 611 4,111 4,317 4,533 4,764 5,002 5,252 5,515 SEIU 6 01840 HOUSING PROGRAMS ANALYST 713 720 7,005 7,355 7,723 8,109 8,515 8,941 9,388 SEIU 6 00520 HOUSING PROGRAMS COORDINATOR 755 762 8,599 9,029 9,482 9,955 10,453 10,976 11,525 SEIU 6 01890 HOUSING SPECIALIST I 617 624 4,382 4,601 4,834 5,076 5,330 5,596 5,876 SEIU 6 01900k HOUSING SPECIALIST II 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510 UC 07069 HUMAN RESOURCES ADMINISTRATIVE ASSISTANT (UC)** 581 581 - 4,271 4,486 4,710 4,945 5,194 5,453 UC 01520 HUMAN RESOURCES ANALYST (UC)** 663 663 - 6,380 6,702 7,034 7,386 7,754 8,142 MID CMM-NS 01837 HUMAN RESOURCES BUSINESS SYSTEMS ADMINISTRATOR(CMM) CMM-18 CMM-18 - - 8,937 - 10,889 - 13,265 MID CMM-NS 01551 HUMAN RESOURCES OPERATIONS MANAGER (CMM) CMM-22 CMM-22 - - 9,865 - 12,018 - 14,642 UC 07070 HUMAN RESOURCES SPECIALIST (UC)** 581 581 - 4,271 4,486 4,710 4,945 5,194 5,453 UC 01250 HUMAN RESOURCES TECHNICIAN (UC)** 622 622 - 5,221 5,480 5,759 6,046 6,349 6,666 MID M-NS 00960 INFORMATION SERVICESAND NETWORK MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 02670k INFORMATION SERVICES REPRESENTATIVE 628 635 4,624 4,858 5,101 5,356 5,623 5,905 6,200 SEIU6 04130 INSTRUMENT TECHNICIAN 660 667 5,408 5,678 5,963 6,260 6,574 6,903 7,247 PMA-NS 03231 JAIL ADMINISTRATOR(RM) M860 M860 - 13,871 14,565 15,293 16,058 16,861 - SEIU 6 07090 LEAD ACCOUNTING ASSISTANT 648 655 5,101 5,356 5,623 5,905 6,200 6,510 6,835 SEIU 6 07628 LEAD CORRECTIONAL RECORDS SPECIALIST 617 624 4,382 4,601 4,834 5,076 5,330 5,596 5,876 SEIU 6 07110 LEAD POLICE RECORDS SPECIALIST 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170 UC 07080 LEGAL OFFICE ASSISTANT (UC)** 544 544 - 3,568 3,745 3,934 4,129 4,337 4,553 UC 07120 LEGAL SECRETARY (UC)** 588 588 - 4,422 4,645 4,877 5,121 5,378 5,648 SEIU 6 05110k LIBRARIAN 663 670 5,488 5,762 6,050 6,353 6,670 7,005 7,355 MID M-NS 05195 LIBRARY OPERATIONS MANAGER (MM) MM-17 MM-17 - - 8,718 - 10,622 - 12,943 SEIU6 05050k LIBRARY SERVICES ASSISTANT 565 572 3,398 3,568 3,747 3,935 4,132 4,339 4,556 EXEC-NS 01561 LIBRARY SERVICES DIRECTOR (EM) EM-10 EM-10 - - 12,444 - - - 14,311 SEW 6 05076 LIBRARY TECHNICIAN 596 603 3,954 4,152 4,360 4,579 4,810 5,051 5,304 SEIU 6 07000 LOAN SPECIALIST 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427 SEW 6 07170 MAIL CLERK/MESSENGER 546 553 3,098 3,253 3,415 3,586 3,765 3,954 4,152 SEIU 6 624 City Council 29 - 12 9/7/2021 Page 3 of 30 CITY OF SANTA ANA Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 UNIT CODE JOB CODE JOB TITLE Effective 1/1/2021 RANGE NO. Effective 7/1/2021 RANGE NO. AAA AA MONTHLY SALARY RATE A B RANGES C D E SEIU 6 04050 MAINTENANCE WORKER 1 588 595 3,803 3,994 4,194 4,404 4,624 4,858 5,101 SEIU 6 04060bb/s MAINTENANCE WORKER II 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762 UC 01200 MANAGEMENT AIDE (UC)** 642 642 - 5,759 6,046 6,349 6,666 7,000 7,351 UC 01720 MANAGEMENT ANALYST (UC)** 668 668 - 6,538 6,863 7,209 7,568 7,948 8,346 UC 00750 MANAGEMENT ASSISTANT (EXEMPT) (UC)** 668 668 - 6,538 6,863 7,209 7,568 7,948 8,346 COUNCIL 08710 MAYOR N/A N/A - - 1,000 - - - - SEIU 6 01210 METER READER COLLECTOR 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762 SEIU6 00020 MICRO SYSTEMS TECHNICIAN 649 656 5,126 5,382 5,650 5,934 6,230 6,542 6,869 SEIU 6 06450 NETWORK ENGINEER 749 756 8,349 8,767 9,205 9,673 10,156 10,664 11,198 SEIU6 06460 NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 709 716 6,869 7,211 7,571 7,951 8,349 8,767 9,205 SEIU 6 06440 NPDES MANAGER 735 742 7,799 8,189 8,599 9,029 9,482 9,955 10,453 SEIU 6 07180 OFFICE ASSISTANT 567 574 3,432 3,604 3,784 3,974 4,173 4,382 4,601 SEIU 6 07190 OFFICE SPECIALIST 542 549 3,040 3,192 3,352 3,519 3,695 3,880 4,074 MID M-NS 00475 ORGANIZATIONAL DEVELOPMENT AND TRAINING MANAGER (MM) MM-18 MM-18 - - 8,937 - 10,889 - 13,265 UC 01670 PARALEGAL (EXEMPT) (UC)** 623 623 - 5,245 5,508 5,787 6,076 6,380 6,702 SEIU 6 04860 PARK MAINTENANCE AIDE 466 473 2,097 2,201 2,311 2,427 2,548 2,676 2,810 SEIU 6 03610 PARK RANGER 653 660 5,226 5,488 5,762 6,050 6,353 6,670 7,005 SEIU 6 04320 PARK SERVICES INSPECTION SUPERVISOR 685 692 6,110 6,415 6,735 7,073 7,427 7,799 8,189 SEIU 6 04105 PARK SERVICES INSPECTOR 1 593 600 3,896 4,091 4,296 4,511 4,741 4,978 5,226 SEIU 6 04106 PARK SERVICES INSPECTOR II 637 644 4,834 5,076 5,330 5,596 5,876 6,170 6,478 MID M-NS O4104 PARK SERVICES SUPERINTENDENT (MM) MM-18 MM-18 - - 8,937 - 10,889 - 13,265 POA-NS 03900pp PARKING CONTROL OFFICER 629 633 - - 4,579 4,810 5,051 5,304 5,569 SEIU 6 02890 PARKING METER OPERATIONS SUPERVISOR 651 658 5,176 5,434 5,706 5,992 6,291 6,606 6,937 SEIU 6 07160 PARKING METER TECHNICIAN 1 596 603 3,954 4,152 4,360 4,579 4,810 5,051 5,304 SEIU 6 00080k PARKING METER TECHNICIAN II 626 633 4,579 4,810 5,051 5,304 5,569 5,847 6,140 ADMIN MGMT-NS 07405 PAYROLL MANAGER (AM)** AM750 AM750 - - 9,755 10,243 10,756 11,295 11,858 UC 07400 PAYROLL SYSTEMS ANALYST (UC)** 708 708 - 7,948 8,346 8,761 9,200 9,659 10,141 UC 07410k PAYROLL TECHNICIAN (UC)** 622 622 - 5,221 5,480 5,759 6,046 6,349 6,666 SEIU 6 07200 PERMIT SERVICES PROCESSOR 612 619 4,278 4,493 4,718 4,954 5,201 5,461 5,734 SEIU6 02590 PERMIT SERVICES SUPERVISOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809 SEIU6 02580 PERMIT SERVICES TECHNICIAN 664 671 5,515 5,790 6,080 6,384 6,702 7,039 7,391 SEIU 6 00050 PLANNING ASSISTANT 654 661 5,252 5,515 5,790 6,080 6,384 6,702 7,039 SEIU 6 07320 PLANNING COMMISSION SECRETARY 635 642 4,787 5,026 5,278 5,542 5,818 6,110 6,415 MID M-NS 02500 PLANNING MANAGER (MM) MM-26 MM-26 - - 10,889 - 13,265 - 16,160 SEIU 6 02271 PLANS EXAMINER 726 733 7,463 7,837 8,229 8,641 9,073 9,529 10,005 PMA-NS 00181 POLICE ADMINISTRATIVE BUDGET MANAGER (RM) M824 M824 - 11,640 12,223 12,834 13,476 14,150 - PMA-NS 00180 POLICE ADMINISTRATIVE MANAGER (RM) M801 M801 - 10,401 10,922 11,468 12,041 12,643 - POA-NS 03600 POLICE ATHLETIC/ACTIVITIES LEAGUE ASSISTANT DIRECTOR 658 662 - - 5,278 5,542 5,818 6,110 6,415 PMA-SWORN 03360 POLICE CAPTAIN (RM)*** M881 M881 - - 15,368 16,136 16,943 17,790 18,680 EXEC -SWORN 03390 POLICE CHIEF (EM) EM-40 EM-40 - - 17,581 - - - 23,245 PMA-NS 03370 POLICE COMMUNICATIONS MANAGER (RM) M786 M786 - 9,673 10,156 10,664 11,198 11,757 - POA-NS 06180 POLICE COMMUNICATIONS SUPERVISOR 724 728 - - 7,283 7,647 8,029 8,431 8,853 POA-NS 00780 POLICE COMMUNITY SERVICES SPECIALIST 679 683 - - 5,847 6,140 6,446 6,768 7,107 POA-NS 00799 POLICE EVIDENCE AND SUPPLY SPECIALIST 662 666 - - 5,382 5,650 5,934 6,230 6,542 POA-NS 00801 POLICE EVIDENCE AND SUPPLY SUPERVISOR 682 686 - - 5,934 6,230 6,542 6,869 7,211 SEIU 6 06290 POLICE FISCAL OFFICER 712 719 6,971 7,319 7,685 8,069 8,473 8,897 9,342 SEIU 6 06295 POLICE FISCAL SERVICES SUPERVISOR 681 688 5,992 6,291 6,606 6,937 7,283 7,647 8,029 POA-NS 00790tt POLICE INVESTIGATIVE SPECIALIST 679 683 - - 5,847 6,140 6,446 6,768 7,107 PMA-SWORN 03350 POLICE LIEUTENANT (RM)*** M847 M847 - - 13,027 13,678 14,362 15,080 15,834 POA-SWORN 03200j/dd/ee/rr/ss/tt POLICE OFFICER 735 739 - - 7,685 8,069 8,473 8,897 9,342 POA-NS 01100 POLICE PHOTO/VIDEO SPECIALIST 674 678 - - 5,706 5,992 6,291 6,606 6,937 POA-NS 00800 POLICE PROPERTY AND EVIDENCE SUPERVISOR 682 686 - - 5,934 6,230 6,542 6,869 7,211 SEIU 6 07220 POLICE RECORDS SPECIALIST 585 592 3,747 3,935 4,132 4,339 4,556 4,787 5,026 SEIU 6 07230 POLICE RECORDS SUPERVISOR 652 659 5,201 5,461 5,734 6,021 6,322 6,638 6,971 POA-NS 03870 POLICE RECRUIT 688 692 - - 6,110 6,415 6,735 7,073 7,427 POA-SWORN 03300dd/ee/tt POLICE SERGEANT 778 782 - - 9,482 9,955 10,453 10,976 11,525 POA-NS 03800 POLICE SERVICE OFFICER 659 663 - - 5,304 5,569 5,847 6,140 6,446 POA-NS 03680d POLICE SERVICES DISPATCHER 684 688 - - 5,992 6,291 6,606 6,937 7,283 City Council 29 - 13 9/7/2021 Page 4 of 30 L�►�c•�fy_i.►r_i_vr_� Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 Effective Effective MONTHLY SALARY RATE RANGES UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C CODE CODE JOB TITLE RANGE NO. RANGE NO. PMA-NS 02931 POLICE SYSTEMS MANAGER (RM) M824 M824 - 11,640 12,223 12,834 13,476 14,150 - SEIU6 06475 POLICE SYSTEMS SUPPORT ANALYST 735 742 7,799 8,189 8,599 9,029 9,482 9,955 10,453 MID M-NS 02129 PRINCIPAL CIVIL ENGINEER (MM) MM-25 MM-25 - - 10,622 - 12,943 - 15,769 ADMIN CAM-NS 01782 PRINCIPAL EMPLOYEE RELATIONS ANALYST (CAM) CAM-737 CAM-737 - - 9,154 9,610 10,092 10,597 11,128 ADMIN MGMT-NS 01519 PRINCIPAL HUMAN RESOURCES ANALYST (AM)** AM737 AM737 - - 9,154 9,610 10,092 10,597 11,128 SEIU 6 05115 PRINCIPAL LIBRARIAN 686 693 6,140 6,446 6,768 7,107 7,463 7,837 8,229 ADMIN MGMT-NS 00151 PRINCIPAL MANAGEMENT ANALYST (AM)** AM734 AM734 - - 9,023 9,473 9,947 10,446 10,968 ADMIN MGMT-NS 02471 PRINCIPAL PLANNER (AM)** AM760 AM760 - - 10,243 10,756 11,295 11,858 12,451 SEW 6 02630 PRINCIPAL PROGRAMMER ANALYST 749 756 8,349 8,767 9,205 9,673 10,156 10,664 11,198 SEIU 6 01460 PROGRAMMER ANALYST 709 716 6,869 7,211 7,571 7,951 8,349 8,767 9,205 ADMIN MGMT-NS 06145 PROJECT MANAGEMENT OFFICER (AM)** AM784 AM784 - - 11,521 12,097 12,702 13,338 14,005 SEIU 6 06140bb PROJECTS MANAGER 734 741 7,761 8,149 8,557 8,985 9,434 9,906 10,401 SEW 6 07250 PROPERTY CONTROL SPECIALIST 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762 ADMIN MGMT-NS 01800 PUBLICAFFAIRS INFORMATION OFFICER (AM) AM743 AM743 - - 9,428 9,900 10,396 10,915 11,464 SEIU 6 04040 PUBLIC WORKS CREW LEADER 653 660 5,226 5,488 5,762 6,050 6,353 6,670 7,005 SEIU 6 04519 PUBLIC WORKS DISPATCHER 599 606 4,014 4,215 4,426 4,648 4,882 5,126 5,382 SEIU 6 04344 PUBLIC WORKS PROJECT MANAGER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342 SEIU 6 04340bb PUBLIC WORKS PROJECTS SPECIALIST 696 703 6,446 6,768 7,107 7,463 7,837 8,229 8,641 SEW 6 05030 PUBLIC WORKS SAFETY COORDINATOR 692 699 6,322 6,638 6,971 7,319 7,685 8,069 8,473 SEIU 6 01345 PURCHASING SPECIALIST 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790 SEIU 6 01340 PURCHASING SUPERVISOR 723 730 7,355 7,723 8,109 8,515 8,941 9,388 9,857 POA-NS 03820 RANGEMASTER 659 663 - - 5,304 5,569 5,847 6,140 6,446 SEIU 6 00060 RECEPTIONIST 581 588 3,676 3,861 4,054 4,257 4,470 4,694 4,930 SEIU 6 07430 RECORDS SPECIALIST 608 615 4,194 4,404 4,624 4,858 5,101 5,356 5,623 SEIU 6 00460 RECREATION AND COMMUNITY EVENTS SUPERVISOR 699 706 6,542 6,869 7,211 7,571 7,951 8,349 8,767 MID M-NS 01945 RECREATION AND COMMUNITY SERVICES MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 01940 RECREATION AND COMMUNITY SERVICES SUPERVISOR 714 721 7,039 7,391 7,761 8,149 8,557 8,985 9,434 SEIU 6 05310 RECREATION LEADER 553 560 3,205 3,365 3,533 3,710 3,896 4,091 4,296 SEIU 6 OS330 RECREATION PROGRAM COORDINATOR 633 640 4,741 4,978 5,226 5,488 5,762 6,050 6,353 SEIU6 07260 REPROGRAPHIC EQUIPMENT OPERATOR 575 582 3,568 3,747 3,935 4,132 4,339 4,556 4,787 SEIU 6 02710 RESIDENTIAL CONSTRUCTION SPECIALIST 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761 SEIU 6 01090 REVENUE SUPERVISOR 670 677 5,678 5,963 6,260 6,574 6,903 7,247 7,609 SEIU6 00118 RIGHT OF WAY COORDINATOR 596 603 3,954 4,152 4,360 4,579 4,810 5,051 5,304 UC 01756 RISK MANAGEMENT ANALYST (UC)** 652 652 - 6,046 6,349 6,666 7,000 7,351 7,716 UC 01753 RISK MANAGEMENT ASSISTANT(UC)** 571 571 - 4,068 4,271 4,486 4,710 4,945 5,194 ADMIN MGMT-NS 01751 RISK MANAGEMENT SUPERVISOR (AM)** AM723 AM723 - - 8,549 8,978 9,428 9,900 10,396 UC 01755 RISK MANAGEMENT TECHNICIAN (UC)** 622 622 5,221 5,480 5,759 6,046 6,349 6,666 MID M-NS 01750 RISK MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 02200 SANITATION INSPECTOR 1 624 631 4,533 4,764 5,002 5,252 5,515 S,790 6,080 SEIU 6 02210 SANITATION INSPECTOR II 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427 SEIU 6 07270 SECRETARY 612 619 4,278 4,493 4,718 4,954 5,201 S,461 5,734 ADMIN MGMT-NS 01071 SECRETARY TO THE CITY MANAGER (AM)** AM682 AM682 - - 7,000 7,351 7,716 8,102 8,509 SEIU 6 01055 SECURITY ELECTRONICS TECHNICIAN 688 695 6,200 6,510 6,835 7,176 7,535 7,913 8,309 SEW 6 07490 SENIOR ACCOUNTANT 712 719 6,971 7,319 7,685 8,069 8,473 8,897 9,342 SEW 6 07280k SENIOR ACCOUNTING ASSISTANT 629 636 4,648 4,882 5,126 5,382 5,650 5,934 6,230 SEIU6 07016 SENIOR ACCOUNTING ASSISTANT/SYSTEMSTECHNICIAN 629 636 4,648 4,882 5,126 5,382 5,650 5,934 6,230 MID M-NS 01630 SENIOR ASSISTANT CITY ATTORNEY (MM) i MM-28 MM-28 - - 11,439 - 13,936 - 16,980 MID CMM-NS 01631 SENIOR ASSISTANT CITY ATTORNEY -EMPLOYEE RELATIONS (EXEMPT) (CMM) CMM-28 CMM-28 - - 11,439 - 13,936 - 16,980 ADMIN MGMT-NS 00494 SENIOR BUDGET ANALYST (AM)** AM707 AM707 - - 7,908 8,304 8,718 9,154 9,610 SEIU 6 02131m SENIOR CIVIL ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342 SEIU 6 06431q SENIOR COMBINATION BUILDING INSPECTOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809 SEW 6 07584 SENIOR COMMUNITY DEVELOPMENT ANALYST 718 725 7,176 7,535 7,913 8,309 8,725 9,161 9,625 SEIU 6 07610 SENIOR COMMUNITY PLANNER 744 751 8,149 8,557 8,985 9,434 9,906 10,401 10,922 SEIU 6 02239u SENIOR CONSTRUCTION INSPECTOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809 SEIU 6 07650 SENIOR CORRECTIONAL RECORDS SPECIALIST 602 609 4,074 4,278 4,493 4,718 4,954 5,201 5,461 SEIU 6 07290ff SENIOR DEPUTY CLERK OF THE COUNCIL 667 674 5,596 5,876 6,170 6,478 6,801 7,141 7,499 SEIU 6 02180q SENIOR ELECTRICAL SYSTEMS SPECIALIST (T) 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557 ADMIN CAM-NS 01783 SENIOR EMPLOYEE RELATIONS ANALYST (CAM) CAM-722 CAM-722 - - 8,509 8,935 9,380 9,850 10,345 SEIU 6 ,342 City Council 29 - 14 9/7/2021 Page 5 of 30 L�►�c•�fy_i.►r_i_vr_� Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 Effective Effective MONTHLY SALARY RATE RANGES UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C CODE CODE JOB TITLE RANGE NO. RANGE NO. ADMIN MGMT-NS 00482 SENIOR FINANCIAL ANALYST (AM)** AM717 AM717 - - 8,304 8,718 9,154 9,610 10,092 SEIU 6 00840 SENIOR FLEET SERVICES SUPERVISOR 718 725 7,176 7,535 7,913 8,309 8,725 9,161 9,625 SEIU 6 02260 SENIOR GRADING SPECIALIST 695 702 6,415 6,735 7,073 7,427 7,799 8,189 8,599 SEIU 6 01860 SENIOR HOUSING SPECIALIST 681 688 5,992 6,291 6,606 6,937 7,283 7,647 8,029 ADMIN MGMT-NS 01541 SENIOR HUMAN RESOURCES ANALYST (AM)** AM722 AM722 - - 8,509 8,935 9,380 9,850 10,345 UC 07300 SENIOR HUMAN RESOURCES SPECIALIST (UC)** 602 602 - 4,734 4,971 5,221 5,480 5,759 6,046 UC 00770 SENIOR HUMAN RESOURCES TECHNICIAN (UC)** 642 642 - 5,759 6,046 6,349 6,666 7,000 7,351 SEIU 6 02040 SENIOR LAND SURVEYOR 795 802 10,453 10,976 11,525 12,102 12,707 13,342 14,009 UC 02790 SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC)** 697 697 - 7,530 7,908 8,304 8,718 9,154 9,610 UC 07310 SENIOR LEGALSECRETARY(UC)** 610 610 - 4,921 5,168 5,425 5,703 5,989 6,286 SEIU 6 05109k SENIOR LIBRARIAN 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571 SEIU 6 05075 SENIOR LIBRARY TECHNICIAN 616 623 4,360 4,579 4,810 5,051 5,304 5,569 5,847 ADMIN MGMT-NS 00152 SENIOR MANAGEMENT ANALYST (AM)** AM707 AM707 - - 7,908 8,304 8,718 9,154 9,610 UC 06360 SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC)** 697 697 - 7,530 7,908 8,304 8,718 9,154 9,610 SEIU 6 07330 SENIOR OFFICE ASSISTANT 592 599 3,880 4,074 4,278 4,493 4,718 4,954 5,201 SEIU 6 07360 SENIOR OFFICE SPECIALIST 567 574 3,432 3,604 3,784 3,974 4,173 4,382 4,601 UC 01675 SENIOR PARALEGAL (EXEMPT) (UC)** 663 663 - 6,380 6,702 7,034 7,386 7,754 8,142 SEIU 6 06330 SENIOR PARK SERVICES INSPECTION SUPERVISOR 718 725 7,176 7,535 7,913 8,309 8,725 9,161 9,625 POA-NS 01270 SENIOR PARKING CONTROL OFFICER 649 653 - - 5,051 5,304 5,569 5,847 6,140 UC 07415 SENIOR PAYROLL TECHNICIAN (UC)** 642 642 - 5,759 6,046 6,349 6,666 7,000 7,351 SEIU 6 00330m/n SENIOR PLAN CHECK ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342 SEIU 6 02470 SENIOR PLANNER 750 757 8,389 8,809 9,250 9,721 10,207 10,717 11,254 SEIU6 02430q SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557 SEIU 6 07370 SENIOR POLICE RECORDS SPECIALIST 612 619 4,278 4,493 4,718 4,954 5,201 5,461 5,734 SEIU 6 01470 SENIOR PROGRAMMER ANALYST 729 736 7,571 7,951 8,349 8,767 9,205 9,673 10,156 SEIU 6 02700 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557 SEIU6 00990k SENIOR SYSTEMS ADMINISTRATOR 702 709 6,638 6,971 7,319 7,685 8,069 8,473 8,897 SEIU 6 02151m SENIOR TRAFFIC ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342 SEIU 6 01290m SENIOR TRANSPORTATION ANALYST 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342 SEIU 6 07776 SENIOR WATER SERVICES SUPERVISOR 719 726 7,211 7,571 7,951 8,349 8,767 9,205 9,673 SEIU 6 06240 SENIOR WATER SYSTEMS OPERATOR 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989 SEIU 6 01310 STOCK CLERK 608 615 4,194 4,404 4,624 4,858 5,101 5,356 5,623 SEIU 6 01320 STOREKEEPER 643 650 4,978 5,226 5,488 5,762 6,050 6,353 6,670 SEIU 6 01315 STORES AND CITY YARD PROPERTY SPECIALIST 643 650 4,978 5,226 5,488 5,762 6,050 6,353 6,670 SEIU 6 00115 STORMWATER COORDINATOR 705 712 6,735 7,073 7,427 7,799 8,189 8,599 9,029 MID M-NS 02925 STRATEGIC COMMUNICATIONS MANAGER (MM) MM-19 MM-19 - - 9,159 - 11,160 - 13,595 SEIU 6 04280 STREET LIGHTING MAINTENANCE WORKER 649 656 5,126 5,382 5,650 5,934 6,230 6,542 6,869 SEIU 6 04360 STREET MAINTENANCE SUPERVISOR 685 692 6,110 6,415 6,735 7,073 7,427 7,799 8,189 SEIU 6 04160 STREET PAINTER 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170 SEIU 6 07500 SUPERVISING ACCOUNTANT 734 741 7,761 8,149 8,557 8,985 9,434 9,906 10,401 SEIU 6 00269 SUPERVISING BUYER 708 715 6,835 7,176 7,535 7,913 8,309 8,725 9,161 SEIU6 050SS SUPERVISING LIBRARY SERVICES ASSISTANT 597 604 3,974 4,173 4,382 4,601 4,834 5,076 5,330 SEIU 6 07470 SUPERVISING PARK RANGER 678 685 5,905 6,200 6,510 6,835 7,176 7,535 7,913 ADMIN MGMT-NS 02371 SUPERVISOR OF INSPECTIONS (AM)** AM745 AM745 - - 9,518 9,997 10,496 11,022 11,580 SEIU 6 02070 SURVEY PARTY CHIEF 707 714 6,801 7,141 7,499 7,875 8,269 8,683 9,117 SEIU 6 02050 SURVEY PARTY TECHNICIAN 1 643 650 4,978 5,226 5,488 5,762 6,050 6,353 6,670 SEIU 6 02060 SURVEY PARTY TECHNICIAN 11 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761 SEIU6 00120 SYSTEMS ADMINISTRATOR 670 677 5,678 5,963 6,260 6,574 6,903 7,247 7,609 SEIU 6 06470 SYSTEMS SUPPORT ANALYST 729 736 7,571 7,951 8,349 8,767 9,205 9,673 10,156 SEIU6 01060 SYSTEMS TECHNICIAN 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678 SEIU6 00710 TELECOMMUNICATIONS COORDINATOR 711 718 6,937 7,283 7,647 8,029 8,431 8,853 9,296 SEIU 6 07140 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 623 630 4,511 4,741 4,978 5,226 5,488 5,762 6,050 POA-NS 00860 TRAFFIC SERVICES SPECIALIST 679 683 - - 5,847 6,140 6,446 6,768 7,107 UC 01280 TRAINING COORDINATOR (UC)** 707 707 - 7,908 8,304 8,718 9,154 9,610 10,092 MID M-NS 00200 TRANSIT PROGRAM MANAGER (MM) MM-25 MM-25 - - 10,622 - 12,943 - 15,769 City Council 29 - 15 9/7/2021 Page 6 of 30 L�►�c•�fy_i.►r_i_vr_� Consolidated Alphabetical List of Regular Classes and Assignment of Classes to Salary Rate Ranges for Fiscal Year 2021-2022 Effective Effective MONTHLY SALARY RATE RANGES UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C CODE CODE JOB TITLE RANGE NO. RANGE NO. MID M-NS 01080 TRANSPORTATION MANAGER (MM) MM-25 MM-25 - - 10,622 - 12,943 - 15,769 MID M-NS 01170 TREASURY AND CUSTOMER SERVICES MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEW 6 07020 TREASURY SERVICES SUPERVISOR 668 675 5,623 5,905 6,200 6,510 6,835 7,176 7,535 SEIU 6 04330bb TREE MAINTENANCE SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149 SEW 6 04170bb TREE TRIMMER 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170 SEIU 6 01215 UTILITIES BILLING/SYSTEMS TECHNICIAN 622 629 4,493 4,718 4,954 5,201 5,461 5,734 6,021 SEIU 6 01219 UTILITIES CUSTOMER SERVICE SUPERVISOR 659 666 5,382 5,650 5,934 6,230 6,542 6,869 7,211 SEIU6 06320 VIDEOTECHNICIAN 671 678 5,706 5,992 6,291 6,606 6,937 7,283 7,647 SEIU 6 07750 WATER SERVICES CREW LEADER 659 666 5,382 5,650 5,934 6,230 6,542 6,869 7,211 SEIU 6 07755 WATER SERVICES METER REPAIRER 1 618 625 4,404 4,624 4,858 5,101 5,356 5,623 5,905 SEIU 6 07756 WATER SERVICES METER REPAIRER 11 637 644 4,834 5,076 5,330 5,596 5,876 6,170 6,478 SEIU 6 07795 WATER SERVICES PRODUCTION SUPERVISOR 689 696 6,230 6,542 6,869 7,211 7,571 7,951 8,349 SEIU 6 07760 WATER SERVICES QUALITY COORDINATOR 710 717 6,903 7,247 7,609 7,989 8,389 8,809 9,250 SEIU 6 07765 WATER SERVICES QUALITY INSPECTOR 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571 SEIU 6 07770 WATER SERVICES QUALITY SUPERVISOR 693 700 6,353 6,670 7,005 7,355 7,723 8,109 8,515 SEIU 6 07775 WATER SERVICES SUPERVISOR 693 700 6,353 6,670 7,005 7,355 7,723 8,109 8,515 SEIU 6 07780 WATER SERVICES UTILITY INSPECTOR 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571 SEIU 6 07785 WATER SERVICES WORKER 1 593 600 3,896 4,091 4,296 4,511 4,741 4,978 5,226 SEIU 6 07790 WATER SERVICES WORKER II 618 625 4,404 4,624 4,858 5,101 5,356 5,623 5,905 SEIU 6 04540 WATER SYSTEMS ELECTRICIAN 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989 SEIU 6 00880 WATER SYSTEMS OPERATOR 1 621 628 4,470 4,694 4,930 5,176 5,434 5,706 5,992 SEIU 6 00920 WATER SYSTEMS OPERATOR 11 641 648 4,930 5,176 5,434 5,706 5,992 6,291 6,606 SEIU 6 04530 WATER SYSTEMS OPERATOR III 655 662 5,278 5,542 5,818 6,110 6,415 6,735 7,073 SEW 6 01006 WEB SYSTEMS TECHNICIAN 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678 SEIU 6 01005 WEBSITE ENTRY SPECIALIST 583 590 3,710 3,896 4,091 4,296 4,511 4,741 4,978 SEIU 6 02390 WORK CENTER COORDINATOR 754 761 8,557 8,985 9,434 9,906 10,401 10,922 11,468 SEIU 6 08371 WORKFORCE SPECIALIST 1 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678 SEIU 6 08372k WORKFORCE SPECIALIST II 634 641 4,764 5,002 5,252 5,515 5,790 6,080 6,384 SEIU 6 08373k WORKFORCE SPECIALIST 111 654 661 5,252 5,515 5,790 6,080 6,384 6,702 7,039 SEIU 6 08374 WORKFORCE SPECIALIST IV 709 716 6,869 7,211 7,571 7,951 8,349 8,767 9,205 SEIU 6 05313 YOUTH SERVICES TECHNICIAN 603 610 4,091 4,296 4,511 4,741 4,978 5,226 5,488 SEIU 6 05430 ZOO CURATOR 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427 SEIU 6 05450 ZOO CURATOR OF EDUCATION 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571 SEIU 6 05451 ZOO CURATOR OF HEALTH 662 669 5,461 5,734 6,021 6,322 6,638 6,971 7,319 SEIU 6 00930 ZOO EDUCATION SPECIALIST 620 627 4,448 4,671 4,906 5,151 5,408 5,678 5,963 SEIU 6 05420 ZOO KEEPER 1 585 592 3,747 3,935 4,132 4,339 4,556 4,787 5,026 SEIU 6 05410 ZOO KEEPER 11 615 622 4,339 4,556 4,787 5,026 5,278 5,542 5,818 MID M-NS 05480 ZOO MANAGER (MM) MM-22 MM-22 - - 9,865 - 12,018 - 14,642 SEIU 6 05485 ZOO OPERATIONS COORDINATOR 639 646 4,882 5,126 5,382 5,650 5,934 6,230 6,542 **AM and CASA Rate Ranges Frozen as of 10/1/2014 and No Longer Reflected on the Current Salary Schedule Matrix *Per Contract. NOTES: City Council 29 - 16 9/7/2021 Page 7 of 30 CITY OF SANTA ANA Consolidated Alphabetical List of Salaries and Wages for Various Part-time Categories for Fiscal Year 2021-2022 CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART-TIME EMPLOYMENT UNIT CODE JOB CODE JOB TITLE (REPRESENTED PART-TIME) POS. NO. STEP AA STEP A STEP B STEP C STEP D STEP E SEIU PT 09041 ACCOUNT CLERK 1 2936 19.50 20.45 21.47 22.55 23.67 SEIU PT 09042 ACCOUNT CLERK II 2977 21.57 22.64 23.80 24.96 26.21 SEIU PT 09770 ADMINISTRATIVE AIDE 2917 24.72 25.96 27.25 28.62 30.05 SEIU PT 09000 ANIMAL KEEPER 2761 15.53 16.31 17.13 17.99 18.89 SEIU PT 09215 BUILDING MAINTENANCE ASSISTANT 21.25 22.30 23.42 24.62 25.81 SEIU PT 09040 CASHIER 2724 15.10 15.86 16.65 17.48 18.35 SEIU PT 09060 CLERICAL AIDE 2763 15.40 16.18 16.95 17.80 18.69 SEIU PT 09090 CLERK TYPIST 2765 20.20 21.21 22.27 23.38 24.55 SEIU PT 09800 COMBINATION INSPECTOR 3097 30.20 31.69 33.30 34.95 36.72 SEW PT 09100 COMMUNITY CENTER AIDE 2766 20.19 21.20 22.26 23.37 24.54 SEIU PT 09690 COMPUTER TECHNICIAN 2859 19.65 20.63 21.67 22.76 23.91 SEIU PT 09780 CUSTOMER SERVICE CLERK 2913 20.25 21.25 22.31 23.43 24.62 SEIU PT 09120 DATA ENTRY CLERK 2768 16.79 17.64 18.55 19.46 20.44 SEIU PT 09471 ENGINEERING APPRENTICE 20.77 21.81 22.90 24.05 25.25 SEIU PT 09140 EQUIP. SVC. ATTENDANT 2769 18.90 19.82 20.85 21.85 22.97 SEIU PT 09755 INFORMATION DESK CLERK 3456 16.95 17.80 18.69 19.62 20.60 SEIU PT 09170 JANITOR 2771 15.49 16.26 17.07 17.92 18.84 SEIU PT 09190 LIBRARY ASSISTANT 2772 18.96 19.91 20.90 21.96 23.07 SEIU PT 09271 LIBRARY ASSOCIATE 18.96 19.91 20.90 21.96 23.07 SEIU PT 09200 LIBRARY CLERK 1 2773 15.80 16.57 17.41 18.30 19.19 SEIU PT 09210 LIBRARY CLERK 11 2732 17.50 18.37 19.27 20.25 21.25 SEIU PT 09230 MAINTENANCE ATTENDANT 2734 15.00 15.75 16.28 17.09 17.94 SEIU PT 09280 MOBILE LIBRARY CLERK 2774 19.25 20.25 21.23 22.30 23.42 SEIU PT 09775 MUNICIPAL UTILITY READER/COLL. 3027 19.37 20.34 21.34 22.42 23.54 SEIU PT 09290 PAGE 2775 15.00 15.75 16.28 17.09 17.94 SEIU PT 09300 PARK MAINTENANCE ASST. 2776 16.41 17.24 18.11 19.02 19.98 SEIU PT 03615 PARK RANGER (PART TIME) 2806 27.24 28.61 30.03 31.55 33.14 SEIU PT 09505 PERMIT PARKING AIDE 2989 20.90 21.95 23.07 24.20 25.41 SEIU PT 09135 PLANNING TECHNICIAN 3059 24.84 26.07 27.38 28.75 30.20 SEIU PT 09330 POLICE RECORDS CLERK 2778 18.36 19.25 20.25 21.23 22.30 SEIU PT 09340 POLICE SUPPLY CLERK 2738 18.41 19.33 20.30 21.32 22.39 SEIU PT 08160 PROGRAM COORDINATOR 2739 18.31 19.23 20.19 21.20 22.26 SEIU PT 09360 PROGRAM LEADER 2780 15.07 15.82 16.61 17.44 18.31 SEIU PT 09720 PURCHASING CLERK 2760 19.42 20.39 21.43 22.49 23.60 SEIU PT 09395 RECREATION FACILITY ATTENDANT 3579 16.41 17.24 18.11 19.02 19.98 SEIU PT 09900 RIGHT OF WAY TECHNICIAN 3096 15.62 16.41 17.26 18.10 18.98 SEIU PT 09070 SENIOR CLERICAL AIDE 2782 16.95 17.80 18.69 19.62 20.60 SEIU PT 09270 SENIOR LIBRARY ASSOCIATE 20.13 21.13 22.17 23.30 24.46 SEIU PT 09400 SENIOR PROGRAM LEADER 2783 15.82 16.61 17.44 18.31 19.23 SEIU PT 09430 SPECIAL EVENTS LEADER 1 2746 15.44 16.21 17.02 17.87 18.76 SEIU PT 09440 SPECIAL EVENTS LEADER 11 2747 18.84 19.78 20.77 21.81 22.90 SEIU PT 08170 SR. LIBRARY ASSISTANT 2750 20.13 21.13 22.17 23.30 24.46 SEIU PT 09250 SR. MAINTENANCE AIDE 2752 15.12 15.87 16.66 17.50 18.38 SEIU PT 09260 SR. MAINTENANCE WORKER 2753 18.38 19.30 20.27 21.28 22.34 SEIU PT 08370 SR. SPECIAL EMP. COUNSELOR 2754 15.62 16.41 17.26 18.10 18.98 SEIU PT 08410 SR. TUTOR 2755 18.08 18.98 19.93 20.88 21.92 SEIU PT 09460 STORES AIDE 2784 18.03 18.94 19.86 20.87 21.89 City Council 29 - 17 9/7/2021 Page 8 of 30 CITY OF SANTA ANA Consolidated Alphabetical List of Salaries and Wages for Various Part-time Categories for Fiscal Year 2021-2022 SEIU PT 08420 TUTOR 2757 15.62 16.40 17.22 18.08 18.98 SEIU PT 09960 WATER CONSERVATION REPRESENTATIVE 15.95 16.74 17.57 18.45 19.41 CLASS TITLES AND WAGE RATES FOR SEASONAL AND OTHER UNAFFILIATED CATEGORIES OF NON -CIVIL SERVICE PART-TIME UNIT CODE JOB CODE JOB TITLE (UNAFFILIATED PART-TIME) POS. NO. STEP AA STEP A STEP B STEP C STEP D STEP E SEASONAL PT 08000 ADMINISTRATIVE INTERN 2722 16.28 17.09 - - - SEASONAL PT 08995 ANIMAL CONTROL OFFICER 3148 23.96 25.16 26.42 27.75 29.13 SEASONAL PT 09315 BACKGROUND INVESTIGATOR 3071 28.45 29.87 31.38 32.94 34.60 SEASONAL PT 09790 BUDGET INTERN 3241 17.94 18.84 - - - SEASONAL PT 09316 COLD CASE INVESTIGATOR 3108 28.45 29.87 31.38 32.94 34.60 SEASONAL PT 00360 CORRECTIONAL SERVICES OFFICER 3257 20.01 21.01 22.06 23.19 24.32 SEASONAL PT 09130 ENGINEERING INTERN 17.94 18.84 - - - SEASONAL PT 07605 FINGERPRINT EXAMINER 3111 29.88 31.39 32.94 34.59 36.32 SEASONAL PT 08500 FORENSIC BALLISTICS TECHNICIAN 3085 24.56 25.80 27.09 28.45 29.87 SEASONAL PT 07071 HUMAN RESOURCES CLERICAL AIDE 15.40 16.18 16.95 17.80 18.69 SEASONAL PT 09345 JAIL TRANSPORTATION OFFICER 25.80 27.09 28.45 29.87 31.38 SEASONAL PT 08610 LAW CLERK 2729 15.10 15.84 16.63 17.49 18.35 SEASONAL PT 08080 MANAGEMENT INTERN 2759 20.77 21.81 - - - SEASONAL PT 08130 POLICE CADET 2736 - 15.10 15.86 16.65 17.48 18.35 SEASONAL PT 08135 POLICE RESERVE LEVEL 1 3187 29.16 - - - - SEASONAL PT 08136 POLICE RESERVE LEVEL 2 3186 20.83 SEASONAL PT 08137 POLICE RESERVE LEVEL 3 3188 16.66 - SEASONAL PT 08100 SR. ADMINISTRATIVE INTERN 2749 17.94 18.84 SEASONAL PT 08600 STUDENT INTERN 2756 15.00 15.75 CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF SANTA ANA MANAGEMENT ASSOCIATION (SAMA) CIVIL SERVICE PART-TIME EMPLOYMENT UNIT CODE JOB CODE JOB TITLE (SAMA PART-TIME CIVIL SERVICE) POS. NO. STEP AA STEP A STEP B STEP C STEP D STEP E SAMA-AM-PTCS 01541 SR HUMAN RESOURCES ANALYST 722 AM-NSWN 47.43 49.81 52.29 54.91 57.66 CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) CIVIL SERVICE PART-TIME EMPLOYMENT UNIT CODE JOB CODE JOB TITLE (CASA PART-TIME CIVIL SERVICE) POS. NO. STEP AA STEP A STEP B STEP C STEP D STEP E CASA-PTCS 01250 HUMAN RESOURCES TECHNICIAN (UC) 622 UC 29.10 30.55 32.10 33.70 35.39 37.16 CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF SEIU LOCAL 721 - CITY OF SANTA ANA PART-TIME CIVIL SERVICE UNIT EMPLOYMENT UNIT CODE JOB CODE JOB TITLE (SEIU PART-TIME CIVIL SERVICE) POS. NO. STEP AA STEP A STEP B STEP C STEP D STEP E SEIU PTCS 00270 ASSISTANT BUYER 621 28.03 29.43 30.90 32.44 34.07 35.77 SEIU PTCS 07180 OFFICE ASSISTANT 553 20.10 21.10 22.16 23.27 24.44 25.66 SEIU PTCS O4860 PARK MAINTENANCE AIDE 452 12.28 12.89 13.53 14.21 14.93 15.68 SEIU PTCS 00050 PLANNING ASSISTANT 640 30.75 32.29 33.90 35.60 37.37 39.24 SEIU PTCS 07270 SECRETARY 598 25.03 26.29 27.62 29.00 30.45 31.97 SEIU PTCS 07584 SENIOR COMMUNITY DEVELOPMENT ANALYST 704 42.02 44.12 46.32 48.64 51.08 53.63 City Council 29 - 18 9/7/2021 Page 9 of 30 DEFINE SALARY RATE RANGES AND STEP ADVANCEMENT: The City's basic salary and wage schedule provides for a number of ranges of pay rates (salary rate ranges), each comprised of pay steps or rates. The steps are identified by the letters 'AAA' to 'E' inclusive. Not all salary rate ranges are comprised of seven steps or letters (e.g., SAMA has 17 steps, identified by numbers). For employees, the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: For non -management employees, represented by SEIU (Primary Salary Matrix, Exhibit A): AAA Step Normal beginning pay rate. AA Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. A Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. D Step Automatic Increase - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For part-time civil service employees, represented by SEIU (Primary Salary Matrix, Exhibit A): AA Step Normal beginning pay rate. A Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. B Step Automatic Increase — After 2,080 hours' service in next lower step. Also optional hiring rate. C Step Automatic Increase — After 2,080 hours' service in next lower step. Also optional hiring rate. D Step Automatic Increase — After 2,080 hours' service in next lower step. Also optional hiring rate. E Step Automatic Increase — After 3,120 hours' service in next lower step. Also maximum hiring rate. For non -management employees, represented by POA Sworn/non-Sworn (Primary Salary Matrix, Exhibit A): A Step Normal beginning pay rate. B Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. C Step Automatic Increase - After 12 months' service in next lower step. D Step Automatic Increase - After 12 months' service in next lower step. E Step Merit Rate - After 12 months' service in next lower step. For non -sworn management employees, represented by PMA (Primary Salary Matrix, Exhibit A): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. AA Step Normal beginning pay rate. A Step Merit Rate - After 6 months' service in next lower step. Also optional hiring rate. B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. C Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. D Step Merit Rate - After 12 months' service in next lower step. For sworn management employees, represented by PMA (Primary Salary Matrix, Exhibit A): Advancement in the PMA salary rate ranges is granted only for continued meritorious performance of service. A Step Normal beginning pay rate. B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For non -sworn and sworn management employees, represented by PMA Annual Performance Based Bonus Pay: Performance rated as Significantly Exceeds Expectations ('5'), one-time bonus payment of five percent (5%). Performance rated as Exceeds Expectations (`4'), one-time bonus payment of five percent (2.5%). Performance rated as Meets Expectations ('3'), ineligible for a bonus payment. Performance rated as Meets Expectations ('2'), ineligible for a bonus payment. PerLoIGp7t8tf as MeetsExpectations , ineligible§r a rus payment. 9/7/2021 Page 10 of 30 For unrepresented confidential employees, represented by CASA (Off the Matrix): AA Step Normal beginning pay rate. A Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. D Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. E Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. For unrepresented confidential employees, non -represented (Off the Matrix): AA Step Normal beginning pay rate. A Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. D Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. E Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. For administrative -management employees (AM), represented by SAMA (Off the Matrix): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. A Step Normal beginning pay rate. B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For confidential administrative -management employees (CAM), non -represented (Off the Matrix): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. A Step Normal beginning pay rate. B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For middle -management employees (MM), represented by SAMA (MM Matrix, Exhibit B): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. SAMA middle -management classifications merit rate ranges are from step 1" through 17" SAMA middle -management optimal hiring rate states are from step 'T' through "6" SAMA middle -management maximum hiring range is step "T SAMA step advancement from 1" through 15" are advanced in two-step increments in an annual basis. SAMA step advancement from 16" through 17" are advanced in one-step increments in an annual basis. For confidential middle -management employees (CMM), non -represented (MM Matrix, Exhibit C): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. SAMA middle -management classifications merit rate ranges are from step 1" through 17" SAMA middle -management optimal hiring rate states are from step 'T' through "6" SAMA middle -management maximum hiring range is step "T SAMA step advancement from 1" through 15" are advanced in two-step increments in an annual basis. SAMA step advancement from 16" through 17" are advanced in one-step increments in an annual basis. For Executive Management employees (EM), represented by Executive Management (Off the Matrix): EM classifications compensation plan is performance salary -based ranges. EM-10 Monthly Salary Range $12,444 - $14,311 EM-20 Monthly Salary Range $14,075 - $18,315 EM-30 Monthly Salary Range $15,537 - $20,218 EM-40 Monthly Salary Range $17,581 - $23,245 EM Performance rated as Extremely Meritorious Performance, one-time bonus payment not to exceed seven and l Y o -c — 9/7/2021 Page 11 of 30 For part-time employees, represented by SEIU (Off the Matrix): A Step Normal beginning pay rate. B Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. C Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. D Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. E Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. For part-time employees, non -represented (Off the Matrix): A Step Normal beginning pay rate. B Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. C Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. D Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. E Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. In the primary salary schedule matrix (Exhibit A), each salary range is identified by a three -digit number. The first two digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies the appropriate column. This three -digit range number locates the starting step ("AAA, AA" or "A") of the range depending on whether the class has been assigned 5, 6 or 7 steps and the subsequent steps ("AA, A," "B," "C," "D" and "E") are found in the column directly below the starting step. For example, "AAA" step of Range No. 501 is found to be $2402 by moving down the left column (Range No.) to the number 50 (the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No.). The "AAA" step of $2402 has the remaining steps shown directly below; thus the full, seven -step range is 2402-2523-2650- 2782-2921-3067-3221. In the same manner, Range No. 555 is found to be 3129-3285-3449-3622-3803-3994-4194. City Council 29 — 21 9/7/2021 Page 12 of 30 SPECIAL COMPENSATION PROVISIONS: Lower case letters appearing next to certain occupational code numbers in the above listing refer to special compensation provisions, shown below, that may be applicable to certain incumbents of the classes of employment so identified. Note: SEIU MOU Article V Section 1B Limitation on Assignment Pay Differentials Employees hired after August 31, 2010 or hired before August 31, 2010, who did not receive assignment pay under section 5.1 of this article prior to June 30, 2013, shall not be eligible to receive it. SEIU MOU Article V section 10 Limitation on Career Development Incentive Pay With the exception of employee classifications listed below*, employees covered by this MOU and already receiving career development incentive pay under section 5.10 prior to June 30, 2012 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 shall continue to receive said pay under the current career development incentive pay formulas. Employees who have not received career development pay prior to June 30, 2012 shall not be eligible to receive it. The employee classifications listed below* covered by this MOU and already receiving career development incentive pay under section 5.9 prior to June 30, 2013 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.9 shall continue to receive said pay under the current career development incentive pay formulas. Employees in the classifications listed below who have not received career development pay prior to June 30, 2013 will not thereafter be eligible to receive it. *Associate Engineer, Senior Civil Engineer, Senior Engineer, Senior Traffic Engineer. (a) (Reserved) (b) Incumbents in the classifications of Fleet Services Technician I, II and III who possess nationally recognized certifications for Automotive Service Excellence Master Certification (ASE) and ASE Alternative Fuel, will be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5%) for said certification above their then current base monthly salary step. The restrictions set forth in Section 5.1.13 do not apply to this provision. (SEIU MOU Article V Section 1 C) (c) (Reserved) (d) An incumbent in the class of Police Services Dispatcher who is continuously and regularly assigned to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police Services Dispatchers will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or her then current base monthly salary step. (POA MOU Article V Section 1A) (e) Incumbents in the classifications of Fleet Services Technician I, Il, III, and Fleet Services Supervisor, who maintain a valid State of California Commercial Driver's License and are assigned to an area that requires the possession of either a Class "A" or Class "B" license in the course and scope of their work shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. (SEIU MOU Article V Section 1.C.3) (f) (Reserved) (g) (Reserved) (h) Incumbents in the classifications of: Code Enforcement Associate, Code Enforcement Officer, Code Enforcement Supervisor who obtain or possess a valid certificate in any of four Career Development Incentive areas shall receive incentive pay worth five salary rate ranges (approximately 2.5%) for each certificates not to exceed five (5) certificates or a total of twenty-five salary rate ranges (approximately 12.5%). If an incumbent has obtained four (4) certificates from list, he or she than shall be eligible to earn an additional five (5) salary rate ranges (approximately 2.5%) pay additive upon completion of both the SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications. (SEIU MOU Article V Section 9D) (i) (Reserved) City Council 29 — 22 9/7/2021 Page 13 of 30 Q) Incumbents in the class of Police Officer who are continuously and regularly assigned to and actually performing duties of a Corporal will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. If a Corporal is assigned to lead a work unit without a Sergeant, he or she will be paid an additional five (5) salary rate ranges (approximately 2.5%) above his or her base monthly salary step for such assignment. At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments. (POA MOU Article V Section 1C) (k) Incumbents regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. (SEIU MOU Article V Section 2), and/or (Council Resolution No. 82-110 Section 3.1, as amended by Resolution No. 91-103), and/or (Resolution No. 99-023) and (POA MOU Article V Section 1N) 1) (Reserved) (m) Incumbents in the classifications of Assistant Engineer, Associate Engineer, Civil Engineer, Senior Civil Engineer, Senior Engineer, Senior Traffic Engineer, Assistant Plan Check Engineer, Associate Plan Check Engineer, Senior Plan Check Engineer, or Senior Transportation Analyst will be eligible for career incentive pay for any certificates approved for their classification at a rate set of ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step for valid registration(s) as a Registered Engineer by the State of California or as a Structural Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately 10% for both). Additionally, said incumbents who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of accessibility/usability (one specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%). (SEIU MOU Article V Section 9.A) and/or (as amended by Resolution No. 97- 028) In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty (25) salary rate ranges (approximately 12.5%) above his or her current monthly base salary step. (SEIU MOU Article V Section 9) (n) An incumbent who was employed as of August 16, 1991 in the classification of Assistant Plan Check Engineer, Associate Plan Check Engineer, Senior Plan Check Engineer and who as of December 31, 1987 had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base salary step. However effective January 1, 1988 said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2.5%) for any incumbent of said classifications who is issued his or her initial certificate on or after January 1, 1988. (SEIU MOU Article V Section 9B) (o) (Reserved) (p) (Reserved) (q) An incumbent in one of the classifications of: Combination Building Inspector, Senior Combination Building Inspector, Building Technician, or Senior Plumbing/Mechanical Systems Specialist who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in relevant areas (see MOU for full details) shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step as follows: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). (SEIU MOU Article V Section 9C) (r) (Reserved) City Council 29 — 23 9/7/2021 Page 14 of 30 (s) An incumbent in the classification of Maintenance Worker 11 (assigned to the tree crew) who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (SEIU MOU Article V Section 9H) (t) (Reserved) (u) An incumbent in the classification of Construction Inspector or Senior Construction Inspector who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27 landscape contractors license, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step as follows: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%);an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five) twenty-five (25) salary rate ranges (approximately12.5%). (SEIU MOU Article V Section 9E) (v) (Reserved) (w) An incumbent in the classification of Contracts Administrator who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step as follows: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four) twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). (SEIU MOU Article V Section 9F) (x) (Reserved) (y) Incumbents in the class of Forensic Specialist I, who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit of Forensic Specialist I employees, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above their then current base monthly salary step. (POA MOU Article V Section 1 B) (z) (Reserved) (aa) (Reserved) (bb) Incumbents in one of the classifications of Projects Manager, Tree Maintenance Supervisor, Tree Trimmer, Maintenance Worker II (assigned to the tree crew), or Public Works Projects Specialist who possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (SEIU MOU Article V Section 9G) (cc) (Reserved) (dd) An employee who is continuously and regularly assigned as a Training Officer working in either Field Operations, the Detention facility, or as a Forensic Specialist II will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1 F as amended by Ninth Side Letter Amendment to the Memorandum of Understanding Between the City of Santa Ana and the Santa Ana POA) (ee) An employee who is continuously and regularly assigned to and actually performing duties of an Internal Affairs Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1 G) ( ity Council 29 — 24 9/7/2021 Page 15 of 30 (ff) The incumbent of the classification Senior Deputy Clerk of the Council designated by Resolution 91- 073 as third in command in the Clerk of the Council's office with full signature authority for the Clerk in the clerk and Assistant Clerk's absence, will be paid an additional ten salary rate ranges (approximately 5%) above the current base monthly salary step to which he or she would otherwise be entitled. (Council Resolution No.82-110 Section 3.1[ff], as amended by Resolution No. 91-103) (gg) The incumbent in the class of Accountant II who, at the discretion of the appointing authority, is regularly and continuously assigned electronic data processing (EDP) systems coordination responsibilities, will be paid an additional ten salary rate ranges (approximately 5%) above the current base monthly salary step to which he or she would otherwise be entitled. (Council Resolution No.82- 110 Section 3.1 [gg], as amended by Resolution No. 92-034) (hh) An incumbent in the class of Equipment Operator who, at the discretion of the appointing authority, is regularly and continuously assigned, on a full-time basis, to operate a Motor Grader, will be paid an additional ten salary rate ranges (five percent) above the current base monthly salary step to which he or she would otherwise be entitled. (Council Resolution No. 82-110 Section 3.1 [hh], as amended by Resolution No. 92-034 (ii) (Reserved) (jj) (Reserved) (kk) (Reserved) (II) (Reserved) (mm) (Reserved) (nn) (Reserved) (oo) Incumbents in the classification of Correctional Officer who are continuously and regularly assigned to and actually performing duties of a Correctional Supervisor will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1 D) (pp) An employee who is continuously and regularly assigned to perform training functions as a Parking Control Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1 H) (qq) (Reserved) (rr) Incumbents in the classification of Police Officer who are continuously and regularly assigned as a Canine Officer will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. (POA MOU Article V Section1l) (ss) Incumbents in the classification of Police Officer who are continuously and regularly assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section1J) (tt) An incumbent, identified by the Police Department, who is continuously and regularly assigned to and actually performing duties of a Detective/Investigator assigned to the Investigations Division or Special Investigations Units as well as Police Investigative Specialist, Background Investigator, Collision Investigator, and Graffiti Task Force Investigator, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section K) (uu) Incumbents in the classifications of Correctional Officer or Correctional Supervisor, who are continuously and regularly assigned to either the 207(k) 7/12.5 Detention Work Schedule, or the 4/10.5 Detention Administration Work Schedule, shall be paid at a rate set six (6) salary rate ranges (approximately 3%) above his or her then current base monthly salary step. (POA MOU Article V Section L) (`(arty CN@fWed) 29 - 25 9/7/2021 Page 16 of 30 (ww) Incumbents in the classification of Firearms Examiner who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above their then current base monthly salary step. (POA MOU Article V Section 1 M and Council Resolution No. 2005-026) (xx) Reserved (yy) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II who are continuously and regularly assigned as a Tenprint - AFIS Technician will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. (POA MOU Article V Section 1 O) (zz) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II who are continuously and regularly assigned as a Fingerprint Analyst will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. (POA MOU Article V Section 1 P) City Council 29 — 26 9/7/2021 Page 17 of 30 OTHER PAY ADDITIVES: BILINGUAL PAY. Qualified personnel in the below -listed representational categories who meet the required criteria specified in the Memorandum of Understanding (or Pay Plan) covering their job classification will receive a monthly pay differential above their current base monthly salary step in the amounts specified below by representational category: (1) SEIU (Service Employees International Union): (SEIU MOU Article 5.313, C): • Primary Bilingual Assignments: $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (II) SEIU Part-time Civil Service (Service Employees International Union): (SEIU Article 5.3 B-C) • Primary Bilingual Assignments: prorated amount based on $175 per 173.33 hours. • Secondary Bilingual Assignments: prorated amount based on $40 per 173.33 hours. (III) SEIU Part-time Non Civil Service (Service Employees International Union): (SEIU Article 4.5 B-C) • Primary Bilingual Assignments: $1.01 above base hourly rate. • Secondary Bilingual Assignments: $0.23 above base hourly rate. (IV) SAMA (Santa Ana Management Association): (SAMA MOU Article 6.1.13-C): • Primary Bilingual Assignments: $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (V) CMM (Confidential Middle -Management): (Resolution No. 2021-026): • Primary Bilingual Assignments: $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (VI) CAM (Confidential Administrative -Management): (Resolution No. 2021-026): • Primary Bilingual Assignments: $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (VI 1) CASA (Confidential Association of Santa Ana): (CASA MOU Article 6.3.B-C): • Primary Bilingual Assignments: $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (Vill) LICE (Unrepresented Confidential Employees): (Resolution No. 2021-026): • Primary Bilingual Assignments: $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (IX) POA (Police Officers Association): (POA MOU Article V Section 3C,D,E,F): • Sworn: Street Level Proficiency. The amount equal to the product obtained by multiplying the step "E" base salary rate of employee by five (5) salary rate ranges (approximately 2.5%). • Sworn: Complex Level Proficiency. The amount equal to the product obtained by multiplying the step "E" base salary rate of employee by ten (10) salary rate ranges (approximately 5%). • Non Sworn: Primary Level Proficiency: $175.00 per month. • Non Sworn: Secondary Level Proficiency: $40.00 per month. (X) PMA (Santa Ana Police Management Association): (PMA MOU Article 5.1): • Primary Bilingual Assignments: $175.00 per month. (XI) EM (Executive Management): (EM RESO Section 2): • Bilingual Assignment shall be paid in the highest amount as available to represented management employees. SHIFT DIFFERENTIAL. (1) SEIU, Generally. An employee in a classification represented by SEIU who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1/2 hours) between the hours of 5:00 p.m. and 7:00 a.m. will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step except however such shift pay differential shall not be applicable to employees in the classification of Park Ranger City Council 29 — 27 9/7/2021 Page 18 of 30 (II) Library Department Employees. Employees hired and assigned to the Library prior to December 1, 1987 who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided under Subsection (a) above, shall receive as special shift pay, an amount equal to one-half (1/2) of one hour's pay for each day they work an evening shift until closing time. Said special shift pay shall be computed on the hourly equivalent of the base monthly salary step. Such half-hour's pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. (SEIU MOU Article V Section 4B) (III) Early Morning Street Crews. A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a schedule of work which requires that he or she actually work at least fifty percent (50%) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m. will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step. (SEIU MOU Article V Section 4C) (IV) Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Employees shall receive four hundred fifty dollars ($450) per week when assigned to be on standby duty. Employees who "trade" days will have that time deducted from their pay on a prorated daily rate based on a seven (7) day week. Employees who cover the day shall be paid at the daily rate. All trades must be approved by the Supervisor or Manager. Water Production, Water Maintenance, Public Works Maintenance, Building Maintenance, and Information Technology Department and staff shall be required to serve on standby duty and receive standby pay as defined above. The City's preference will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. Additional Standby Pay programs may be implemented with the approval of the Department Head and City Manager. (SEIU MOU Article V Section 5.A-D) (V) (POA) Police Officers Association Incumbents in the classification of Animal Service Officer I or ll, Forensic Specialist I or II, Crime Research Analyst, Police Communications Supervisor, Police Investigative Specialist, Police Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher, Communications Services Officer, Correctional Officer, Correctional Supervisor, and Parking Control Officer who are continuously and regularly assigned to a schedule of work which require that he or she actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or her then current base monthly salary step. (POA MOU Article V Section 2) Effective July 1, 2017 each Sworn employee who is continuously and regularly assigned to a schedule of work that requires that he or she actually work a minimum of four and one-half (4 '/2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set at 2.5% above his or her base monthly salary. (POA MOU Article V Section 2) (VI) (CASA) Confidential Association of the City of Santa Ana An employee in a classification represented by CASA who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then -current base monthly salary step. (CASA MOU Article 6 Section 4A) (IV) (LICE) Unrepresented Confidential Employees An employee in a classification of LICE who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 '/2) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then -current base monthly salary step. (Resolution No. 2021-026) (V) Standby Pay Employees who are released from active duty but who are required by their department to leave notice where t t any time o rYt 4 - regularly scheduled working hours, sh e s la to be on standby duty. o later than Page 19 of 30 the first (1st) day of the second (2nd) payroll period following Council approval, such employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty. (CASA MOU Article 6 Section 4B) (VI) Standby Pay Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than the first (1st) day of the second (2nd) payroll period following Council approval, such employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty. (Resolution No. 2021-026) (VI 1) Standby Pay The Police Chief at his discretion and based on the department's need may assign sworn officers to standby status for non -work days or other days as determined by the Police Chief. Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. Officers assigned to standby status on non -work days will not lose their standby pay when called to duty, if they have been on call for at least six (6) hours when called. If officers on standby status are called to duty after having been on call for less than six (6) hours, they will be paid for their response to work, but not for their standby status. Employees on standby status shall provide the department with a telephone number at which he/she can be reached. The employee must be able to return to the department within the amount of time he/she would be able to return if traveling from home. An employee on standby/on- call shall remain fit for duty. Employees on standby are also subject to the requirements of the Investigations Bureau Order # 09, which sets forth the guidelines for standby status. (SAPOA MOU Article 5 Section 1 E) 3. NOTARY PUBLIC (1) SEIU (Service Employees International Union) An employee that is required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step. (SEIU MOU Article V Section1.D), (11) (CASA) Confidential Association of the City of Santa Ana Full-time incumbents in any classification who are required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of forty dollars ($40) above his or her then current base monthly salary step. (CASA MOU Article 6 Section 1 B) (III) (LICE) Unrepresented Confidential Employees Full-time incumbents in any classification who are required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of forty dollars ($40) above his or her then current base monthly salary step. (Resolution No. 2021-026) 4. CONFIDENTIAL PREMIUM (1) (CASA) Confidential Association of the City of Santa Ana An employee who is routinely and consistently assigned to sensitive positions by a Department Head, involving labor negotiations which require trust and discretion, in accordance with Government Code section 3507.5, will be paid at a rate set 2.5%, above the current base monthly salary step. (CASA MOU Article 6 Section 6) (II) (LICE) Unrepresented Confidential Employees An employee who is routinely and consistently assigned to sensitive positions by a Department Head, involving labor negotiations which require trust and discretion, in accordance with Government Code section 3507.5, will be paid at a rate set 2.5%, above the current base monthly salary step. (Resolution No. 2021-026) 5. CAREER DEVELOPMENT PAY (POA) Police Officers Association The Senior Police Officer 1 -III and Senior Police Sergeant 1 -III provisions set forth in sections (11) — (VII) below apply to sworn employees in the bargaining unit hired by the City of Santa Ana into a sworn position prior to January 1, 2014. The Career Development Pay provided for in section (IX) below is for sworn members of the bargaining unit hired into a sworn position with the City of Santa Ana on or after January 1, 2014. (1) Crime Scene Investigator (C.S.I): Any sworn, safety -member Police Officer who attains the following educational and experience requirements and the approval as set out below shall be paid an additional five ( 5) salary rate ranges ( 2. 5%) above his or her then current base monthly salary step. The criteria City Council -- - - - - - - - - - 29 - 29 9/7/2021 Page 20 of 30 A Completion (acquisition) of at least thirty (30) educational and/or training units. B Assignment to and actual performance of the duties and responsibilities of a C. S. I. C Completion of a special training course for Crime Scene Investigators as developed and administered by the Santa Ana Police Department or such alternative course as designated for such purpose by the Police Chief. D Approval of the Police Chief. The number of such designations as C. S. I. shall be no larger than the requirements of the department as determined by the Police Chief Senior Police Officer I: Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall, upon approval of the Police Chief, be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. (III) Senior Police Officer 11: Any sworn, safety -member Police Officer regardless of duty assignment who completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall be designated as a Senior Police Officer II and shall upon approval of the Police Chief,be paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police Officer classification. (IV) Senior Police Officer III: Any sworn safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/ training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief be designated as a Senior Police Officer III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in the Police Officer classification. (V) Senior Police Sergeant I: Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/ training units; shall be designated as a Senior Police Sergeant I and shall, upon approval of the Police Chief, be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. (VI) Senior Police Sergeant II: Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/ training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall,upon approval of the Police Chief,be designated as a Senior Police Sergeant II and shall be paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police Sergeant class. (VI 1) Senior Police Sergeant III: Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief, be designated as a Senior Police Sergeant III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in the Police Sergeant class. (VIII) Career Development Program — Non -Sworn: An incumbent in one of the classes designated as "non -sworn" covered by this MOU shall earn an additional amount as follows: A Upon attainment of an Associate in Arts Degree, employee will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications, which do not require a degree. B Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid at a rate set an additional ( 15) salary rate ranges ( approximately 7. 5%) above his or her then current base monthly salary step. If the employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, he or she will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications, which do not require a degree for any City Council employee nirea arterjuiy -i, z�Y_ 30 9/7/2021 Page 21 of 30 C Upon attainment of a Masters in Arts Degree, an employee will be paid at a rate set twenty (20) rate ranges (approximately 10%) above his or her then current base monthly salary step. This pay is not stacked with the pay in paragraphs A and B above. For employees hired after July 1, 2017, the pay in this paragraph shall only apply employees in classifications, which do not require a degree. (IX) Career Development Pay — Sworn: Effective at the beginning of the pay period following City Council approval, sworn Employees hired on or after January 1, 2014 shall be eligible to receive Career Development Pay as follows: A Level One - Upon attainment of an Associate in Arts Degree employees will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. B Level Two - Upon attainment of an Associate in Arts Degree and an additional thirty (30) educational units toward a declared Bachelor' s degree, employees will be paid at a rate set an additional (10) salary rate ranges approximately 5%) for a total of 20 salary rate ranges (approximately 10%) above his or her then current base monthly salary step. If such employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, he or she will be paid at a rate set twenty (20) salary rate ranges (approximately 10%) above his or her then current base monthly salary step. C Level Three - Upon attainment of a Bachelor of Arts or Science Degree employees will be paid at a rate set an additional (10) salary rate ranges (approximately 5%) for a total of 30 salary rate ranges (approximately 15%) above his or her then current base monthly salary step. (PMA) Santa Ana Police Management Association: Effective July 1, 2019, all eligible members of PMA currently receiving Educational Incentives listed in Section (as described below) as of July 1, 2019 will be "grandfathered in" to continue to receive those incentives but no other members of the association will be able to participate in this educational incentive. In no event shall the application of this Educational Incentive program result in an employee being eligible to earn more than ten percent (10%) above his or her then current base monthly salary step. (PMA MOU No. A-2019-187, § VI) (I) FBI National Academy. Any employee covered by this MOU who successfully completes the FBI National Academy shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. (II) California Command College. Any employee covered by this MOU who successfully completes the California Command College shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. (III) LAPD Leadership Program. Any employee covered by this MOU who successfully completes the LAPD Leadership Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (IV) Police Executive Research Forum (PERF) Senior Management Institute for Police. Any employee covered by this MOU who successfully completes the Senior Management Institute for Police shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (V) FBI National Academy (LEEDS Program). Any employee covered by this MOU who successfully completes the FBI LEEDS Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (VI) International Association of Chiefs of Police. Any employee covered by this MOU who successfully completes the Leadership in Police Organizations Program shall be paid at a rate set five (5) salaly rate ranges (approximately 2.5%) above his or her then current base monthly salaly step. (VII) Homeland Security Executive Leaders Program. Any employee covered by this MOU who id at a rate City Council 29 — 31 9/WfUTf Page 22 of 30 set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (VIII) Advanced Leadership Program. The advanced leadership courses listed below represent curriculum that exceed minimum training mandates for law enforcement managers. The subject matter addresses a variety of critical topics associated with advanced organizational development and the role of leaders within the organization. All courses are applicable to sworn and civilian managers. Any employee covered by this MOU who successfully completes a cumulative total of 112 hours of the below listed advanced leadership courses shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. Leadership Courses Hours Command Institute for Law Enforcement Executives (F.B.I. -LEEDA) 40 Contemporary Leadership Issues (F.B.I. -LEEDA) 32 Executive Development Course (P.O.S.T.) 80 Management Civilian Seminar (Part 1) (P.O.S.T.) 24 Management Civilian Seminar (Part II) P.O.S.T. 24 Organizational Leadership (P.O.S.T.) 40 Po lice Management Seminar Advanced (P.O.S.T.) 24 Supervisor Leadership Institute (F.B.I. - LEEDA) 40 POST Management Update 24 POST Supervisoly Update 24 FBI-LEEDA Executive Survival 32 Ro le of the Police Chief 40 POST Supervisoly/Leader ship Update 24 Effective Executive Communication 24 Po lice Management Seminar Advanced 24 Civilian Management Seminar 40 Advanced Civilian Management 24 i. Additional Courses. Any other course, 24 hours or longer, which focuses on developing leadership skills or increasing knowledge of contemporary law enforcement issues of a management/executive nature, or which enhances knowledge of community policing strategies or trends, shall be reviewed and approved by the Chief of Police after he/she ensures that the above criteria are met. (IX) Educational Incentive Program: Effective July 1, 2019 for all members covered by this MOU, including Current PMA members, employees hired or promoted into the PMA unit on or after July 1, 2019, shall not be eligible for the Educational Incentives Program described (above) but shall now be eligible for the Education Incentives listed in this section of this MOU. Those that were previously receiving incentives that qualify for the provisions in this section on or after July 1, 2019, shall not be eligible for both, only the greater benefit of the two. i. SWORN ONLY: Sworn employees may only qualify for one (1) Education Incentive Level at one time and not intended to be compounded with one another. 1. Level 1 - Any sworn employee covered by this MOU who successfully obtains his/her Supervisory POST certificate, shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step (cap=5%). 2. Level 2 - Any sworn employee covered by this MOU who successfully obtains his/her Supervisory POST AND California Command College OR FBI National Academy ,hall he i girl at txvent4 (M) ,ala i rate range�(aprnrnximatel3A 100/) ahnve his or her City Council then current base monthly sala29steP?cap=10%). 9/7/2021 Page 23 of 30 3. Level 3 - Any sworn employee covered by this MOU who attains their MA/MS Degree AND Supervisory POST shall be paid at twenty (20) salary rate ranges (approximately 10%) on above his or her then current base monthly salary step (cap 10%). 4. Level 4- Any sworn employee covered by this MOU who attains their MA/MS Degree AND Supervisory POST AND California Command College OR FBI National Academy shall be paid at thirty (30) salary rate ranges (approximately 15%) on above his or her then current base monthly salary step (cap 15%). ii. NON -SWORN 1. Any non -sworn employee covered by this MOU who successfully attains a Masters of Art or Master of Science degree shall be paid at a rate set ten (10) salaly rate ranges (approximately 5%) above his or her then current base monthly salaly step (cap=5%). (EM) Sworn Unrepresented Executive Management: SWORN ONLY: Sworn employees may only qualify for one (1) Education Incentive Level at one time and not intended to be compounded with one another. (Resolution No. 2020-082) 1. Level 1 - Any sworn employee covered by this MOU who successfully obtains his/her Supervisory POST certificate, shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step (cap=5%). 2. Level 2 - Any sworn employee covered by this MOU who successfully obtains his/her Supervisory POST AND California Command College OR FBI National Academy shall be paid at twenty (20) salary rate ranges (approximately 10%) above his or her then current base monthly salary step (cap=10%). 3. Level 3 - Any sworn employee covered by this MOU who attains their MA/MS Degree AND Supervisory POST shall be paid at twenty (20) salary rate ranges (approximately 10%) on above his or her then current base monthly salary step (cap 10%). 4. Level 4- Any sworn employee covered by this MOU who attains their MA/MS Degree AND Supervisory POST AND California Command College OR FBI National Academy shall be paid at thirty (30) salary rate ranges (approximately 15%) on above his or her then current base monthly salary step (cap 15%). City Council 29 — 33 9/7/2021 Page 24 of 30 FOOTNOTES: Employee groups and City Council appointed employees are designated as follows: "ADMIN MGMT-NS", denotes classifications defined as Administrative Management (AM) personnel under the terms of the Memorandum of Understanding (MOU) (A-2019-185) between the City and the Santa Ana Management Association (SAMA) from January 1, 2019 to June 30, 2022; "ADMIN CAM-NS", denotes classifications defined as Confidential Administrative -Management (CAM) personnel under the terms of Santa Ana City Resolution No. 2021-026; "MID M-NS" denotes classifications defined as Middle Management (MM) personnel under the terms of the Memorandum of Understanding (MOU) (A-2019-185) between the City and the Santa Ana Management Association (SAMA) from January 1, 2019 to June 30, 2022; "MID CMM-NS", denotes classifications defined as Confidential Middle -Management (CMM) personnel under the terms of Santa Ana City Resolution No. 2021-026; "SAMA-AM-PTCS" denotes classifications defined as Administrative Management (AM) "Part -Time Civil Service" (PTCS) personnel under the terms of the Memorandum of Understanding (MOU) (A-2019-185) between the City and the Santa Ana Management Association (SAMA) from January 1, 2019 to June 30, 2022; "APPOINT" denotes City Manager; City Attorney, and Clerk of the Council; "EXEC-NS", "EXEC -SWORN" denotes classifications defined as "Executive Management" (EM) Non -Sworn and Sworn personnel under the terms of Santa Ana City Council Resolution No. 2015-026; "PMA-NS", "PMA-SWORN" denotes classifications defined as Represented Management (RM) personnel covered by the Memorandum of Understanding (MOU) (A-2019-187) between the City and Santa Ana Police Management Association (PMA) from July 1, 2018 to December 31, 2021; "POA-NS", POA-SWORN denotes classifications defined as Non -Sworn and Sworn covered by the Memorandum of Understanding (MOU) (A-2019-027) between the City and the Santa Ana Police Officers Association (POA) from July 1, 2018 to December 31, 2021; "SEIU 6" denotes classifications covered by the Memorandum of Understanding (MOU) (A- 2019-227) between the City and the Service Employees International Union Local 721 Chapter 1939, AFL-CIO, (SEIU) from July 1, 2019 to June 30, 2022; "PT CS SEIU 6" denotes classifications defined as "Part -Time Civil Service" (PTCS) personnel under the terms of Memorandum of Understanding (MOU) (A-2020-090) between the City and the Service Employees International Union Local 721 Chapter 1939, AFL-CIO, (SEIU) (A-2020-090) from July 1, 2019 to June 30, 2022; "SEIU PT" denotes regular, long-term part-time classes covered by the Memorandum of Understanding (MOU) (A-2016-034) between the City and the Service Employees International Union (SEIU), Local 721 Chapter 1939, AFL-CIO, Part-time Employees' Representation Unit from July 1, 2015 to June 30, 2017; "LIC" denotes classifications defined as "Confidential" (UC) personnel under the terms of Memorandum of Understanding (MOU) (A-2019-186) between the City and the Confidential Association of the City of Santa Ana (CASA) for January 1, 2019 to June 30, 2022 "UCE", denotes classifications defined as Unrepresented Confidential Employees (LICE) personnel under the terms of Santa Ana City Resolution No. 2021-026; City Council 29 — 34 9/7/2021 Page 25 of 30 "PT CS CASA" denotes classifications defined as "Confidential" (UC) "Part -Time Civil Service" (PTCS) under the terms of Memorandum of Understanding (MOU) (A-2019-186) between the City and the Confidential Association of Santa Ana (CASA) for January 1, 2019 to June 30, 2022 Notes: Unrepresented "Executive Management" (EM) personnel, and as such, are eligible to receive certain employee benefits which are different from and/or greater than those available to non -management personnel. (T) designates a "terminal" class. A position classification that has been designated as "terminal" by formal City Council action will be deleted from the City's Basic Classification and Compensation Plan when vacated by its last remaining incumbent. No new appointments may be made to a class that has been so designated. City Council 29 — 35 9/7/2021 Page 26 of 30 EFFECTIVE CHANGES, INCORPORTED HEREIN: 1) On October 1, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of the City of Santa Ana (No. A-2019-186), which authorized a base salary increase of three and one-half percent (3.5%) effective July 1, 2021. 2) On October 1, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Management Association (No. A-2019-185), which authorized a base salary increase of three and one- half percent (3.5%) effective July 1, 2021. 3) On November 19, 2019, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Service Employees International Union Local 721 (No. A-2020-090), which authorized a base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%) effective July 1, 2021. 4) On May 5, 2020, the Santa Ana City Council approved the Memorandum of Understanding between the City of Santa Ana and the Part -Time Civil Service Employees Unit Service Employees International Union Local 721 (No. A-2020-090), which authorized a base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%) effective July 1, 2021. 5) On July 7, 2020, the Santa Ana City Council approved the Second Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association (No. A-2020-149). The Second Amendment deferred the July 1, 2020 base salary increase of eight (8) salary rate ranges, which is approximately four percent (4.0%), as follows: Effective January 1, 2021, the base salary increased by four (4) salary rate ranges, which is approximately two percent (2.0%). Effective July 1, 2021, the base salary increased by four (4) salary rate ranges, which is approximately two percent (2.0%). 6) On June 1, 2021, City Council approved a Resolution (No. 2021-033) amending the City's Classification and Compensation plan. 7) On June 1, 2021, City Council approved a Resolution (No. 2021-026) amending the City's Classification and Compensation plan. City Council 29 — 36 9/7/2021 Page 27 of 30 EXHIBIT A Primary Matrix Effective 7/1 /2021 RANGE 0 1 2 3 4 5 6 7 8 9 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825 81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158 85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232 88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994 89 16058 16136 16216 16298 16381 16462 16545 16626 16711 16794 90 16861 16943 17027 17113 17200 17285 17372 17457 17547 17634 91 17704 17790 17878 17969 18060 18149 18241 18330 18424 18516 92 18589 18680 18772 18867 18963 19056 19153 19247 19345 19442 93 19518 19614 19711 19810 19911 20009 20111 20209 20312 20414 94 20494 20595 20697 20801 20907 21009 21117 21219 21328 21435 95 21519 21625 21732 21841 21952 22059 22173 22280 22394 22507 96 22595 22706 22819 22933 23050 23162 23282 23394 23514 23632 City Council 29 — 37 9/7/2021 Page 28 of 30 EXHIBIT B Schedule of Salary Rate Ranges for Represented Middle -Management Classes of Employment Effective 7/1/2021 RANGE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 MM-10 7336 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 MM-11 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 MM-12 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 M M-13 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 MM-14 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 M M-15 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 MM-16 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 MM-17 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 MM-18 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 M M-19 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 MM-20 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 M M-21 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 MM-22 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 M M-23 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 MM-24 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 M M-25 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 MM-26 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 MM-27 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 MM-28 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 M M-29 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 MM-30 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 M M-31 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 MM-32 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 M M-33 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 MM-34 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 M M-35 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 MM-36 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 MM-37 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 MM-38 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 M M-39 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275 MM-40 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275 22832 City Council 29 — 38 9/7/2021 Page 29 of 30 EXHIBIT C Schedule of Salary Rate Ranges for Represented Confidential Middle -Management Classes of Employment Effective 7/1/2021 RANGE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 CMM-10 7336 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 CMM-11 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 CMM-12 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 CMM-13 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 CMM-14 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 CMM-15 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 CMM-16 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 CMM-17 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 CMM-18 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 CMM-19 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 CMM-20 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 CMM-21 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 CMM-22 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 CMM-23 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 CMM-24 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 CMM-25 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 CMM-26 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 CMM-27 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 CMM-28 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 CMM-29 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 CMM-30 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 CMM-31 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 CMM-32 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 CMM-33 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 CMM-34 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 CMM-35 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 CMM-36 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 CMM-37 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 CMM-38 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 CMM-39 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275 CMM-40 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275 22832 City Council 29 — 39 9/7/2021 Page 30 of 30 City Manager Office www.santa-ana.org/cm Item # 30 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Resolution Supporting the Orange County Veterans Cemetery AGENDA TITLE: Resolution Supporting the Orange County Veterans Cemetery in Anaheim Hills RECOMMENDED ACTION At the request of Mayor Sarmiento, consider adopting a resolution supporting the Orange County Veterans Cemetery in Anaheim Hills and encouraging federal, state, and local government support for this much -needed project. DISCUSSION The County of Orange has allocated 200 acres of County -owned land at Gypsum Canyon near the intersection of State Route 91 State Route 241 in Anaheim Hills. The property at Gypsum Canyon has been deeded to the Orange County Cemetery District by the County of Orange for the purpose of building a veterans cemetery. The Anaheim Hills site, with its breathtaking view of rolling hills, will become a sacred burial ground as a final resting place for the men and women who have honorably served their country. This Hallowed Ground will also provide for the display of historical artifacts from the former Marine Corps Air Station, El Toro, which closed in 1999, as history and a testament of the selfless service that veterans have contributed to the National Defense. As the County of Orange has the third largest population of veterans in the state, and sixth largest in the nation, it is important to honor and respect the men and women who have served our country and who deserve to be buried in Orange County. A Veterans cemetery in Anaheim Hills will provide the interment needs for Veterans for the next 100 years. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution City Council 30 — 1 9/7/2021 Orange County Veterans Cemetery September 7, 2021 Page 2 Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 30 — 2 9/7/2021 RESOLUTION NO. ??? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE ORANGE COUNTY VETERANS CEMETERY IN ANAHEIM HILLS, AND ENCOURAGING FEDERAL, STATE, AND LOCAL GOVERNMENT SUPPORT FOR THIS MUCH NEEDED PROJECT. WHEREAS, the Santa Ana City Council wholeheartedly endorses consecrating as Hallowed Ground a cemetery for Veterans in Orange County. The County of Orange has allocated 200 acres of county -owned land at Gypsum Canyon near the intersection of the 91 freeway and 241 toll road in Anaheim Hills; and WHEREAS, to honor and respect the men and women who served our country and who deserve the right to be buried in Orange County, we ask federal, state, and local governments to closely consider this proposed project as a benefit, not only to Orange County, but to the region as well; and WHEREAS, the County of Orange has the third largest population of veterans in the state, and sixth largest in the nation. The State of California, ranks first in veteran population in the nation; and WHEREAS, a Veterans cemetery in Anaheim Hills will provide the interment needs for Veterans for the next 100 years; and WHEREAS, the Santa Ana City Council would like to support the planning and development of a site that would ultimately fulfill the promise made to Orange County Veterans; and WHEREAS, the property at Gypsum Canyon has been deeded to the Orange County Cemetery District by the County of Orange for the purpose of building a Veterans cemetery; and WHEREAS, the Anaheim Hills site, with its breathtaking view of rolling hills, will become a sacred burial -ground such as Arlington Cemetery, Normandy, and Flanders Field as final resting place for the men and women who have served their country honorably; and WHERAS, this Hallowed Ground will also provide for the display of historical artefacts from the former Marine Corps Air Station, El Toro, which closed in 1999, as history and a testament of the selfless service veterans have contributed to the National Defense; and WHEREAS, on July 1, 2021, numerous leaders representing Veteran organizations gathered at the proposed Orange County Veterans Cemetery site in Anaheim Hills and expressed their enthusiastic support for this location. City Council 30 — 3 9/7/2021 NOW, THEREFORE, BE IT RESOLVED that the Santa Ana City Council does hereby support the Orange County Veterans Cemetery in Anaheim Hills, and further encourages federal, state, and local governments to support this much needed project. ADOPTED this 7th day of September, 2021 Vincent Sarmiento, Mayor, City of Santa Ana ATTEST: Daisy Gomez, City Clerk, City of Santa Ana STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF ORANGE) I, DAISY GOMEZ, City Clerk of the City of Santa Ana, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Santa Ana at a regular meeting thereof held on the 7th day of September, 2021 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Daisy Gomez, City Clerk, City of Santa Ana City Council 30 — 4 9/7/2021 City Manager Office www.santa-ana.org/cm Item # 31 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Resolution Supporting Cathy Green for Office of ACWA Vice President AGENDA TITLE: Resolution to Support Orange County Water District First Vice President Cathy Green as a Candidate for the Office of ACWA Vice President RECOMMENDED ACTION At the request of Mayor Sarmiento, consider adopting a resolution to endorse Orange County Water District First Vice President Cathy Green as a candidate for Vice President of the Association of California Water Agencies. DISCUSSION The Association of California Water Agencies (ACWA) has announced that a Nominating Committee has been formed to develop a slate for the ACWA election of its statewide lead officer positions of President and Vice President. The individual who fills the ACWA Vice President position needs to possess a working knowledge of water industry issues and concerns, connections with water professionals throughout the state, strength of character and leadership capabilities, and experience in matters related to the performance of the duties of the office. This person must be able to provide the dedication of time and energy to effectively serve in this capacity. Director Green has extensive relevant experience which can be found below: • Director Green has served on the ACWA Board since 2016, and on the ACWA Board Executive Committee since 2020. • She has served as ACWA Region 10 Chair (2018-19) and is now serving her second term as ACWA Region 10 Vice Chair (2016-17, 2020-current) • She has served as ACWA Region 10 Board member since 2012. • She has served on the ACWA Water Quality Committee (2012-current) and the ACWA Energy Committee (2019-current) • She has served on the ACWA State Legislative Committee (2012-15) • She has served in a leadership role at Orange County Water District. She was elected to the OCWD Board of Directors in November 2010 and was re-elected in 2012, 2016 and 2020. She was selected by the OCWD Board of Directors to City Council 31 — 1 9/7/2021 Support Cathy Green for Office of ACWA Vice President September 7, 2021 Page 2 serve as its 2015 and 2016 President. She currently serves as First Vice President, a position she previously held in 2013, 2014, and since 2019. She currently serves as the Chair of the Water Advisory Committee of Orange County (WACO), Chair of the OCWD Water issues Committee, and Vice Chair of the OCWD Communications and Legislative Liaison Committee. Prior to her service on OCWD's Board of Directors, Director Green was elected to two consecutive terms on the Huntington Beach City Council (2002-2010) where she served two terms as mayor (2003, 2009). Director Green has been involved as a council liaison and active community member on many city boards, commissions, and committees. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associate with this action. EXHIBIT(S) 1. Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 31 — 2 9/7/2021 RESOLUTION NO. XXXX RESOLUTION OF YOUR ORGANIZATION BOARD OF DIRECTORS TO SUPPORT ORANGE COUNTY WATER DISTRICT (OCWD) FIRST VICE PRESIDENT CATHY GREEN AS A CANDIDATE FOR THE OFFICE OF ACWA VICE PRESIDENT WHEREAS, the Association of California Water Agencies (ACWA) has announced that a Nominating Committee has been formed to develop a slate for the ACWA election of its statewide lead officer positions of President and Vice President; and, WHEREAS, the individual who fills the ACWA Vice President position needs to possess a working knowledge of water industry issues and concerns, connections with water professionals throughout the state, strength of character and leadership capabilities, and experience in matters related to the performance of the duties of the office; and, WHEREAS, this person must be able to provide the dedication of time and energy to effectively serve in this capacity; and, WHEREAS, YOUR ORGANIZATION recognizes that Director Green has served on the ACWA Board since 2016, and on the ACWA Board Executive Committee since 2020; and, WHEREAS, Director Green has served as ACWA Region 10 Chair (2018-19) and is now serving her second term as ACWA Region 10 Vice Chair (2016-17, 2020-current), and she has served as ACWA Region 10 Board member since 2012; and, WHEREAS, Director Green has served on the ACWA Water Quality Committee (2012-current) and the ACWA Energy Committee (2019-current), and she previously served on the ACWA State Legislative Committee (2012-15); and, WHEREAS, Director Green has served in a leadership role at Orange County Water District. She was elected to the OCWD Board of Directors (OCWD Board) in November 2010 and was re-elected in 2012, 2016 and 2020. She was selected by the OCWD Board to serve as its 2015 and 2016 President. She currently serves as First Vice President, a position she previously held in 2013, 2014, and since 2019; and, WHEREAS, Director Green currently serves as the Chair of the Water Advisory Committee of Orange County (WACO), Chair of the OCWD Water Issues Committee, and Vice Chair of the OCWD Communications and Legislative Liaison Committee; and, WHEREAS, prior to her service on OCWD's Board, Director Green was elected to two consecutive terms on the Huntington Beach City Council (2002-2010) where she served two terms as Mayor (2003, 2009). Director Green has been involved as a council liaison and active community member on many city boards, commissions, and committees; and, WHEREAS, it is the opinion of YOUR ORGANIZATION Board of Directors that Director Green possesses all of the qualities needed to fulfill the duties of the office of ACWA Vice President; and, City Council 31 — 3 9/7/2021 NOW, THEREFORE, BE IT RESOLVED, that YOUR ORGANIZATION Board of Directors does hereby endorse Orange County Water District First Vice President Cathy Green as a candidate for Vice President of the Association of California Water Agencies. PASSED AND ADOPTED by YOUR ORGANIZATION Board of Directors at a regular meeting of said Board held on DATE. City Council 31 — 4 9/7/2021 Clerk of the Council Office www.santa-ana.org/cc Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Redistricting Process for Ward Boundaries AGENDA TITLE: Agreement with Bear Demographics and Research for Demographic Services and Public Participation Services Related to the 2021 Redistricting Process (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Bear Demographics and Research for consulting services, demographics analysis of census data, drawing of draft maps of proposed ward boundaries, public outreach, and interactive web tools related to the City's 2021 Redistricting Process for a one-year term expiring September 6, 2022 in an amount not to exceed $100,000, which includes the base amount of $71,500 and a contingency amount of $28,500 for additional unforeseen services at the City's sole discretion, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION Each city with ward -based elections is required to update (redistrict) the ward boundaries every ten years, following the receipt of updated population data from each federal decennial census. It is anticipated that the 2020 federal census will be published and available to the City on September 20, 2021. Since the City of Santa Ana has ward -based elections for six Councilmembers and Citywide Mayor seat, the City is required to redistrict the ward boundaries prior to the next election of Councilmembers in 2022. Councilmember Wards 1, 3, and 5 were on the ballot on November 3, 2020, and Councilmember Wards 2, 4, and 6 will be on the ballot on November 8, 2022. Although the City recently established the ward boundaries on December 4, 2018 for the November 2020 election, the boundaries are based on the 2010 federal census, which means the City must now update the boundaries through the redistricting process based on the 2020 federal census. The United States Constitution requires a census count every ten (10) years of everyone residing in the United States. Census data is used for geographically defining legislative districts in the year following a census. City Council 32 — 1 9/7/2021 Redistricting Process for Ward Boundaries September 7, 2021 Page 2 At the conclusion of each U.S. Census process, the City must conduct a process to analyze population data in order to redraw district boundaries to ensure that districts are substantially equal in population as required by the United States Constitution and in compliance with the federal Voting Rights Act of 1965. The California Voting Rights Act and the California FAIR MAPS Act have additional provisions with the purpose of ensuring equal access to voting and representation. Analysis The City of Santa Ana released a Request for Proposal (RFP) on February 8, 2021 and received 5 proposals. Staff conducted evaluations based on the vendor's qualifications including, but not limited to: knowledge and experience, key personnel, resources, and familiarity with the project scope of work. Ultimately, Bear Demographics and Research was selected. Bear Demographics and Research has redistricting experience, and has worked with many recognizable cities including the 2002 and City of Los Angeles City Council and Los Angeles Unified School District Education maps, and the 2012 Central Basin Municipal Water District Board of Directors map, and more recent 2020 Census -related litigation. They have also worked on a statewide level in the 2001 California State Assembly map. Bear Demographics' previous work indicates that they are very nimble, responsive, and flexible. They have also displayed a capability of meeting tight deadlines and remaining under budget over the course of decades. Given that the 2020 Census PL 94-171 data will not be released until the end of September 2021 as announced by the U.S. Census Bureau on February 19th, Bear Demographics' consistently excellent work combined with the ability to complete this task with plenty of time for the Orange County Registrar of Voters to finalize the redrawing of voter precinct boundaries makes them a strong choice for this project. This will be paramount to meeting the needs of the City of Santa Ana. Overview of Minimum Procedural Requirements for Redistricting Before adopting a final map of ward boundaries for the redistricting process, the City Council must hold at least four public hearings for the public to provide input regarding the composition of the Council wards (see California Elections Code Sections 21620- 21629). These hearings shall include: • At least one public hearing before maps are drawn. This hearing may be conducted by City staff, a consultant, or an advisory redistricting commission. • At least two public hearings after maps are drawn. • At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday. The City Council must take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in City Council 32 — 2 9/7/2021 Redistricting Process for Ward Boundaries September 7, 2021 Page 3 the redistricting public review process. A good faith effort satisfies the requirement and includes: • Providing information to media organizations that provide City news coverage, including media organizations that serve language minority communities. • Providing information through local community groups and organizations (including those active in language minority communities, those that are based on good government, civil rights, or civic engagement, and those that have requested to be notified concerning City redistricting). • Additionally, the City is required, upon request, to conduct the public hearings with live translation in "an applicable language" (which for Santa Ana are Spanish and Vietnamese languages). The City is required to publish information regarding draft maps and the redistricting process on the City's website. These publications are required to notify the public of upcoming hearings and explain the process, and to be maintained for at least ten years after the redistricting process is completed. The redistricting process must be completed, and a new ward boundary map must be adopted no later than April 17, 2022. Overview of Substantive Requirements for Redistricting Boundary Lines The substantive requirements of the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions ("FAIR MAPS") Act for drawing ward boundaries are set forth in California Elections Code Section 21621, as summarized below. These legal requirements are identical to the requirements the City used when drawing the existing ward boundaries of Councilmember Wards 1 through 6: • Substantially equal population of residents (+/- 10%) in each ward based on census data. • Compliance with the Constitutions of the United States and California, and with the Federal Voting Rights Act ("FVRA"). These criteria are satisfied by developing wards that have substantially equal populations, are not designed with discriminatory intent, and are not designed with race as the predominant consideration. • Geographically contiguous, to the extent practicable. A ward is not contiguous if it includes areas that: a) meet only at the point of adjoining corners; or b) are separated by water and not connected by a bridge. • Geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division, to the extent practicable. A "community of interest" is a population that shares common social or economic interests that should be included within a single ward for purposes of its effective and fair representation. • Boundaries should be easily identifiable and understandable by residents. To the extent practicable, wards shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the City. City Council 32 — 3 9/7/2021 Redistricting Process for Ward Boundaries September 7, 2021 Page 4 • Wards shall be geographically compact in a manner that nearby areas of population are not bypassed in favor of more distant populations, to the extent practicable. • Wards must not be adopted for the purpose of favoring or discriminating against a political party. Ward boundary alterations shall be made only by ordinance adopted by affirmative vote of at least two-thirds (2/3) of the full membership of the City Council in accordance with charter section 101.4. City Staff -Led Community Outreach Plan Staff will implement a community outreach plan, utilizing an increased number of community workshops along with various other mechanisms to encourage a substantial amount of public participation. One benefit of conducting community workshops without a commission is that the meetings will be less formal and will be more conducive to encouraging direct interactions between the public and technical experts (such as the City's consulting demographer). Staff would build on the successes of the 2018 process to which all members of the public were encouraged to participate, particularly including the outreach and translation services provided to Spanish and Vietnamese -speaking residents. The City Clerk's Office will commit to the following community outreach plan: Public Messaging • Social media engagement on Facebook, Instagram, Twitter, YouTube and NextDoor • New dedicated webpage on City's website for redistricting updates and information • Information provided via the City's electronic newsletter articles • Send notifications to various community outlets and neighborhood groups • Public notices posted at various City facilities • Display advertisements on local public access network by using Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 • Mailers, infographics, and videos created by the City's outreach consultant Online Interactive Tools: • A new online interactive mapping tool will be established to allow residents to draw their own lines. The City's consulting demographer will provide training for the public on how to use the new online mapping tool • A designated email address will be established for members of the public to provide input and comments • An online form will be developed to encourage electronic submissions for "Communities of Interest Public Comment" in English, Spanish, and Vietnamese City staff will lead (with assistance from expert consultants, including a demographer) at least one public hearing before ward boundary maps are drawn, four community workshops, and at least two public hearings with draft boundary maps. Spanish and Vietnamese, and any other needed interpretation services will be offered at all public City Council 32 — 4 9/7/2021 Redistricting Process for Ward Boundaries September 7, 2021 Page 5 hearings and community meetings. The outline provided below is based on the assumption that the City will receive the 2020 census data from the State of California on September 20, 2021. • September 2021: The U.S. Census Bureau sends federal census data to the State. The State then releases the census data to the public for use by the City in the redistricting process. • September 21, 2021: The City will hold its first public hearing before maps are drawn. • Public Input Workshops: Thursday, September 23, 2021, 6:00 p.m. — Pentecostal Church of God, 1025 W. Memory Lane Saturday, September 25, 2021, 10 a.m. — Delhi Center, 505 E. Central Ave. ➢ Monday, September 27, 2021, 6:00 p.m. — Southwest Senior Center, 2201 W. McFadden Ave. ➢ Tuesday, September 28, 2021, 6:00 p.m. — Salgado Recreation Center, 706 N. Newhope St. • October 5, 2021: The City will hold its second public hearing to present 2020 Census findings to the Mayor and City Council during a regular meeting, including redistricting process updates. • October 19, 2021: The City will hold its third public hearing to present staff recommended initial draft map (or maps) and accompanying technical report to Mayor and City Council during a regular meeting, along with public comment and submitted proposed maps analysis, and conduct the first public hearing on the draft map. • November 2, 2021: The City will hold the fourth public hearing on the draft map. • November 16, 2021: Present staff recommended final map for approval. Adoption of final map and first reading of ordinance by the City Council. • December 7, 2021: Adoption of final map and second reading of ordinance by the City Council. • April 17, 2022: Deadline to complete its redistricting process of adopting a final map of ward boundaries. Estimated Costs City Council 32 — 5 9/7/2021 Redistricting Process for Ward Boundaries September 7, 2021 Page 6 Consultant - Demographer and Consulting Services $30,000 (project setup, coordination efforts, plan development, and implementation) Additional Charges: Outreach $20,000 Maptitude for Redistricting $4,000 User Friendly Mapping Digital -Interface $10,000 Website Maintenance $7,500 Contingency Funds $28,500 Total not to exceed $100,000 The above cost estimates are based on holding four public hearings and four community meetings. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the COTC-Service Enhancement Account. Fiscal Year Accounting Unit — Account No. Amount 2021-22 01107017-62300 $100,000 EXHIBIT(S) 1. RFP No. 21-018 2. Professional Services Agreement Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 32 — 6 9/7/2021 EXHIBIT 1 REQUEST FOR PROPOSALS FOR DEMOGRAPHIC ANALYSIS AND CENSUS MAPPING SERVICES FOR CITY COUNCIL WARD REDISTRICTING RFP NO.: 21-018 THE OOEDEN CITY FOUNDED 1869 _,I CITY OF SANTA ANA CLERK OF THE COUNCIL 20 Civic Center Plaza Santa Ana, CA 92701 Daisy Gomez Clerk of the Council Office (714) 647-5235 di!omezAsanta-ana.orj! Approved for Release: KEY RFP DATES (Subiect to chance at the discretion of the City): Issue Date: Proposal Due Date Daisy Gomez Clerk of the Council Office of the Clerk of the Council Monday, February 8, 2021 Monday, February 22, 2021 at 2:00 p.m. via email to cityclerk(csanta-ana.org City Council 32 — 7 9/7/2021 1 of 9 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified companies for demographic analysis and census -mapping services for city council ward redistricting. Responses to this Request for Proposals (RFP) will be accepted until Monday, February 22, 2021 at 2:00 p.m., Proposals received after this date and time will not be considered. It is the responsibility of the proposer to ensure that any sent proposal has sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. RFP submittals will only be accepted electronically in PDF format. Proposals shall emailed to city. c�ksanta- anasorm and marked clearly with the following information, formatted as follows: "PROPOSAL FOR DEMOGRAPHIC ANALYSIS AND CENSUS MAPPING SERVICES FOR CITY COUNCIL WARD REDISTRICTING RFP NO.21-018" Attn.: Daisy Gomez Clerk of the Council 20 Civic Center Plaza; 8th Floor Reception Santa Ana, CA 92701 Only emailed proposals will be accepted. Late proposals will not be considered. All notifications, updates, and addenda will be posted on the City's RFP Bid page at https://pbsystem.planetbids.com/portal/20137/portal-home . Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. City Council 32 — 8 9/7/2021 2 of 9 TABLE OF CONTENTS IPurpose....................................................................................................... 4 IIBackground.................................................................................................. 4 III Proposal Submittal Process.............................................................................. 5 IVProject Description........................................................................................ 5 V Scope of Services and Deliverables..................................................................... 6 VI City of Santa Ana Responsibilities..................................................................... 7 VIIProposal Requirements................................................................................... 7 VIIICommunications........................................................................................... 8 IX RFP Terms and Conditions.............................................................................. 8 X Cost of Response Preparation........................................................................... 9 XI Consultant Selection Process............................................................................ 9 XII Public Records Act........................................................................................ 9 City Council 32 — 9 9/7/2021 3 of 9 I. PURPOSE The City of Santa Ana is soliciting proposals from demographic analysis and census mapping consultants to provide mapping, demographer expertise, public input facilitation, and support of the 2020 Census City Council District Redistricting for City of Santa Ana elected districts. The City is interested in a consultant with expertise and experience in the technical aspects of redistricting, community engagement and the Federal and California Voting Rights Act requirements. The City of Santa Ana seeks a consultant it can work effectively with to achieve project success. II. BACKGROUND The City of Santa Ana ("Santa Ana" or "City") is the county seat and second most populous city in Orange County, California. The United States Census Bureau estimated its 2011 population at 329,427, making Santa Ana the 57th most -populous city in the United States. Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the city is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States with almost 18 million residents in 2010. Santa Ana is a very densely populated city, ranking fourth nationally in that regard among cities of over 300,000 residents (trailing only New York City, San Francisco, and Boston). In 2011 Forbes ranked Santa Ana the fourth safest city of over 250,000 residents in the United States. In establishing the ward election boundaries adopted by the voters in 2018, the City undertook a comprehensive process of engaging the services of a demographer, providing community member's opportunities and tools to draft their own maps for Council consideration, holding community meetings and Council public hearings. The first Council election under the Ward map was held on November 3, 2020, and Council Wards 1, 3, and 5 along with the Mayor seat were on the ballot. In 2022, the City will have Wards 2, 4, and 6 along with the Mayor seat up for election using the 2018 adopted map. In the November 2022 election, voters will be asked to adopt a newly redistricted Ward map based on the new census data. City Council 32 — 10 9/7/2021 4 of 9 III. PROPOSAL SUBMITTAL PROCESS Proposals must be received by the City of Santa Ana no later than 2:00 p.m., Monday, February 22, 2021. Please submit proposals via email to city c�(csanta-ana.org . Late proposals will not be considered. City of Santa Ana Council lards Adopted December 4th, 2018 Ward 1 = Election on November 3, 2020 Ward 2 = Election on November 8, 2022 Ward 3 = Election an November 3, 2020 0 D& %= 1 Ward 4= Election an November 8, 2022 Ward 5 = Election on November 3, 2020 Miles Ward 6= Election on November 8, 2022 IV. PROJECT DESCRIPTION Provide mapping, demographic analysis and community engagement support for the City of Santa Ana's 2020 Census City Council District Redistricting process that meets Federal and California Voting Rights Act requirements. City Council 32 — 11 9/7/2021 5 of 9 V. SCOPE OF SERVICES AND DELIVERABLES The City of Santa Ana seeks qualified firms, individuals or contractors that have expertise in: • Local jurisdiction electoral redistricting, primarily involving cities; • The Federal Voting Rights Act; • The California Voting Rights Act; • Mapping and balancing electoral districts; • Explaining complex topics to others who may be unfamiliar in the subject matter; • Presenting information in a public setting such as a City Council or community meeting; • Analyzing statistical, demographic, and census data, to support city staff, • Assisting City Council draw City Council district boundaries. Tasks and responsibilities of the selected consultant include: • Train the City Council in a public setting on the redistricting process, Federal Voting Rights Act, California Voting Rights Act, and other applicable election laws. • Assist and guide the process for the City Council selection of a preferred redistricting process led by either the City Council, a Committee, or a Commission. • Create a user-friendly digital interface that allows the City Council members and members of the public to draw their own district boundaries. The program should also guide the user in complying with all federal, state and local laws and requirements. • Lead a Multi-lingual (Spanish and Mandarin) Public Community Engagement Mapping Process • Evaluate the draft maps prepared by the City Council members and the public to determine whether they are population balanced and satisfy the requirements of the Voting Rights Acts. • Provide the training and digital interface in an objective, non -partisan informational manner, and not attempt to persuade the participants in any way. • Actively participate and present in all meetings, including community meetings and public hearings scheduled by the City that address the redistricting process. Meetings may be scheduled both virtually and in -person, as permitted by public health officials. • Assist with the preparation of staff reports and presentation materials for public hearings. • Upon receipt of the 2020 United States Census data, provide data summary files to the City Council and public, updating any digital interface previously used for demonstration and informational purposes. • Analyze whether the 2020 Census data requires modifications to the City of Santa Ana City Council districts. • If so, propose new district boundaries to the City Council based on feedback provided by the community and criteria set by the City Council that are population balanced and satisfy the requirements of the Voting Rights Acts. • Make modifications to the draft district boundary maps based on input from the City Council and community. • Be receptive to feedback and work effectively with the City Council, City Attorney's Office, and City staff. • Assist the City Council, City Attorney's Office, and City staff as may be required in all facets of developing and implementing the final district boundary map, including submission of maps to the Registrar of Voters. City Council 32 — 12 9/7/2021 6 of 9 • Other tasks requested by the City Council or City staff that relate to the redistricting process, such as facilitating requests for additional demographic data or advising on the Voting Rights Acts. Consultant will have a clear obligation for the City's redistricting process to meet full compliance with all applicable laws: • Review and advise on the City's redistricting process and final map to ensure compliance with the federal, state and local laws including: o Federal Voting Rights Act; o California Voting Rights Act; and o All other applicable federal, state and local laws. Consultant will also work closely with the City Attorney's Office to ensure the review and satisfaction of all legal requirements related to redistricting. VI. CITY OF SANTA ANA RESPONSIBILITIES The City of Santa Ana will provide support and input from staff, City Council, and the Executive Management Team. In their proposal, the Consultant shall define additional information, services and expertise needs from the City for the implementation of this project. VII. PROPOSAL REQUIREMENTS 1. Work product format: Draft and final deliverable work products shall be provided to the City via electronic files containing all text, exhibits, data, calculations and referenced documents supporting conclusions. Deadline: Late submittals will not be accepted. 2. Other format requirements: All text, exhibits and supporting data shall be submitted in a form that is editable by the City. Microsoft Word format shall be included with all text submittals. Proposal shall include consultant's proposed graphic and other software to be used to complete the project. 3. Cost summary: Please include an outlined cost summary in the scope of services. Any known or anticipated adjustments to billing rates shall be disclosed to the City in the proposal. The cost summary should include all staffing, technology, and related expenses. The cost structure should be structured as three alternatives: A. The consultant will work with City staff and a Council -appointed Committee to review criteria for changes, suggest redistricting criteria, and provide base maps. This alternative includes meeting with the Committee, providing a method for members of the public to develop boundary maps, community engagement, presenting at the Council public hearings, revising plans/maps after the Council public hearings, providing documentation of the Council -adopted plan and boundaries, and creating maps for the Registrar of Voters and City's website. B. The consultant will work with City staff and a Council -selected Commission to review criteria for changes, suggest redistricting criteria, and provide base maps. This alternative includes meeting City Council 32 — 13 9/7/2021 7 of 9 with the Commission, providing a method for members of the public to develop boundary maps, community engagement, presenting at the Commission public hearings, revising plans/maps after the Commission public hearings, providing documentation of the Commission -adopted plan and boundaries, and creating maps for the Registrar of Voters and City's website. C. Same as Alternative A with exception that there is no Committee and the consultant will work directly with City staff and the City Council. 4. Schedule: A preliminary project schedule/timeline shall be included in Consultant's proposal. The purpose of the schedule is to describe the anticipated duration of the tasks identified in the proposed scope of work once given a notice to proceed. 5. Qualifications: Proposals shall include a brief summary of up to four recent reference projects that best demonstrate the consultant team's relevant experience. Project summary shall provide sufficient information for the City to evaluate the specific contributions individual project team members had in completing deliverable items associated with a referenced project. A sample of a deliverable item shall be provided to the City upon request. 6.Ownership of work: All work products prepared by Consultant shall become the property of the City. There shall be no restrictions on the City's use, distribution or modification of work products. 7. Conflict of Interest: Throughout the term of any agreement resulting from the RFP, Consultant will not accept any employment or engage in any work, which creates a conflict of interest with the City of Santa Ana or in any way compromises the work to be performed under this RFP or any agreement resulting from this RFP. VIII. COMMUNICATIONS Questions regarding this RFP shall be submitted in writing to Daisy Gomez before the proposal submission date via email at dgomez(csanta-ana.org. We request that consultants notify the City (via email) of their interest in submitting a proposal for this project. The City responses to substantive questions will be shared with all consultants that notify the City. To ensure fair competition, all proposers will receive the same information and materials. IX. RFP TERMS AND CONDITIONS The selection of a consultant for this project and any agreements for services resulting from this Request for Proposals is dependent upon the recommendation of the City Council Governance Sub Committee with final approval by the City Council of the City of Santa Ana. The City reserves the right to waive any minor irregularities, informalities, or oversights at its sole discretion. The term "minor" as used herein means any Consultant or City irregularities or oversights that does not materially affect or alter the intent and purpose of this RFP, and is not in violation of any State of California rules, laws, and regulations that may apply to this procurement. City Council 32 — 14 9/7/2021 8 of 9 The City reserves the right to cancel in part or in whole or amend this RFP, to extend the date responses are due, and/or to re -solicit this Request for Proposals. Additional conditions: • Late Proposals are not acceptable and will not be reviewed. • The City reserves the right to request, receive, and evaluate supplemental information and clarifications during its evaluation of Proposals and the City will conduct this process in a fair and impartial manner. • Incomplete Proposals or inaccurate information may be cause for disqualification. • All materials submitted to the City will become the property of the City and will not be returned. X. COST OF RESPONSE PREPARATION Issuance of this RFP does not commit the City to award an agreement or to pay any costs incurred in preparation of a Proposal or any response to this RFP. The City will make no reimbursement for any cost incurred by a prospective Consultant for the preparation of a response to this Request for Proposals. XI. CONSULTANT SELECTION PROCESS All proposals submitted by the required deadline will be reviewed for adequacy, completeness, content, project approach, qualifications and other criteria developed during the review process. The City Council Governance Sub Committee may invite consultants who have submitted proposals, which pass the initial review, for interviews approximately two weeks after submittal. The City reserves the right to conduct interviews of those consultants who pass the initial review or select a consultant without conducting interviews. The contract will be awarded to the Consultant deemed by the City to be the best qualified for the scope of work. Consultants are encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed project. XII. PUBLIC RECORDS ACT All proposals submitted in response to this RFP become the property of the City and are subject to the requirements of the California Public Records Act (California Government Code Section 6250 et seq.) Once a successful proposal is identified or all proposals are rejected, all proposals shall be deemed public records. The proposer must identify in writing all copyrighted material, trade secrets, or other proprietary information the proposer claims are exempt from disclosure under the Public Records Act. Proposers claiming exemption must include the following statement in their proposal: The proposer agrees to indemnify and hold harmless the City, its officers, employees, and agents from any claims, liability, or damages against the City, and to defend any action brought against the City for proposer's refusal to disclose such material, trade secrets, or other proprietary information to any party. Failure of a proposer to include this statement and/or identify in writing the claimed exempt material shall be deemed a waiver of any exemption from disclosure under the Public Records Act. Requests to review proposal submissions will not be allowed until after a Staff Recommendation is made. City Council 32 — 15 9/7/2021 9 of 9 EXHIBIT 2 AGREEMENT WITH BEAR DEMOGRAPHICS & RESEARCH LLC TO PROVIDE DEMOGRAPHIC ANALYSIS AND CENSUS MAPPING SERVICES THIS AGREEMENT is made and entered into on this 71h day of September, 2021 by and between Bear Demographics & Research LLC, a California limited liability company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 8, 2021, City issued a Request for Proposals No. 21-018 ("RFP") to obtain professional consultant services for demographic analysis, census mapping, drawing draft maps, public outreach and interactive web tools for City Council ward redistricting. The RFP shall be fully incorporated by reference as though attached hereto. B. Consultant provided a timely proposal that was selected by City staff. Consultant represents that it is able and willing to provide such services to the City. The Consultant's proposal dated February 21, 2021 shall be fully incorporated by reference as though fully attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount authorized during the term of this Agreement shall not exceed one hundred thousand dollars and zero cents ($100,000.00). This amount is comprised of (1) the base amount of seventy-one thousand five hundred dollars and zero cents ($71,500.00) and (2) a contingency amount of twenty-eight thousand five hundred dollars and zero cents ($28,500.00) for additional services at the City's sole discretion. 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 City Council 32 — 16 9/of 9 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 for a one (1) year term ending September 6, 2022, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance including, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: City Council 32 — 17 9/of 9 single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance with a limit no less than $1,000,000 per occurrence or claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. V. Consultant shall supply City with a fully executed additional insured endorsement. g. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. h. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) Additional Insured Status -The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished City Council 32 — 18 9/7 of9 in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 2010 1185 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2) Primary Coverage -For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. 3) Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be canceled, except withnotice to the City. 4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to subrogation, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver (fsubrogation, 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 the Consultant 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 Entity. 7) Claims Made Policies- If any of the required policies provide coverage on a claims -made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 8) Verification of Coverage- Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. City Council 32 — 19 9/776P of 9 However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant'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- Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10) Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. City Council 32 — 20 9/77-6 of 9 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council 32 — 21 9/77K 1 of 9 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Clerk of Council may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. City Council 32 — 22 9/77K I of 9 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 To Consultant: Bear Demographics & Research LLC 4928 Sancola Avenue Los Angeles, CA 91601 Tel: (323) 708-2478 ajwestall@gmail.com 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 City Council 32 — 23 9/7 K q of 9 been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez, MMC Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: c�c- A. Rau Laura A. Rossini Chief Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Andrew Westall Principal and Owner City Council 32 — 24 9/77-K 1 of 9 Exhibit A Section 4 -- Preliminary Project Approach and Timeline Having served several different Commissions and City Councils in a similar capacity, the team is poised to approach this project with a determined structure and timeline that fully develops all of the City's abilities and opportunities to maximize public input, while delivering the expert guidance, technical reports, and tasks necessary to complete the City Council and/or Commission's work in a non -partisan and transparent manner. Depending on how the City structures the process, this timeline is subject to modification between the start of the contract and the deadline of April 17, 2022 (AB 849) for the Mayor and Council to finalize a plan. General objectives include: • Collaborating, working with, and taking direction from the Mayor and City Council develop a plan of action that is structured and meets the objectives, criteria, and timeline developed and adopted by the City, in coordination with the Clerk of the Council Office and City staff. • Providing the entire spectrum of technical and geographic possibilities and options to the City within the legal parameters of redistricting. • Maintaining flexibility, efficiency and nimbleness to ensure all deadlines are met consistently and within budget. • Continuous and open lines of communication with the Clerk of the Council Office, City staff, the Mayor and City Council, and members of the public (at the direction of the City). This can be achieved by email, phone, virtual online meeting, or in -person (as needed or allowable under state and local health guidance). Below is a standard methodology for the City process that serves as a baseline of the many steps necessary to complete the City's work. Given that the 2020 Census PL 94-171 data was released on August 12, 2021, our consistently excellent work product and ability to complete this task (April 17, 2022 as required by AB 849) with plenty of time for the Orange County Registrar of Voters to begin the redrawing of voter precinct boundaries prior to the November 2022 Municipal Election will be essential for the City to satisfy its legal requirements. The official Census data set for use by the City of Santa Ana from the State of California is anticipated to be released no later than 30 days after the release of the 2020 Census PL 94-171 data, allowing the City to begin looking at draft maps in October 2021. This data will include the reallocated prison population data to the inmate's point of origin as of April 1, 2020 as required by state law (AB 420 and AB 849) to be included in the redistricting process. 1. Work with the Clerk of the Council Office and City staff to finalize and gain staff approval of consultant -developed training materials and presentation on redistricting. 2. Work with the Clerk of the Council, and City staff to identify all scope of work written tasks that shall be translated into Spanish, Chinese, and any other languages (e.g. Vietnamese, etc.) as needed. All written translation will be conducted by the City. All materials that require translation shall be submitted to City staff or the requisite vendor at least seven working days in advance of publication. 21 City Council 32 — 25 9/7/2021 Section 4 - Preliminary Project Approach and Timeline (cont.) 3. Create a user-friendly digital interface that allows the Mayor, City Council, and members of the public to draw their own district boundaries. The program will also guide the user in complying with all applicable laws and requirements to the extent practicable. 4. Work with the Clerk of the Council Office and City staff to finalize and gain staff approval of the digital interface for public distribution and made available as a link on the City's website. S. Work with the Clerk of the Council Office and City staff to finalize and gain approval of public training workshop materials and presentation of the digital interface. First Council Meeting (September 21") — Train the Mayor and City Council during a regular meeting on the redistricting process, federal Voting Rights Act, California Voting Rights Act, California Fair Maps Act, and all other applicable state and federal election laws. Present digital interface and public workshop presentation to the Mayor and City Council. 7. Conduct outreach for four public input workshops to the public on redistricting and the digital interface in an objective, non -partisan informational manner. Verbal translation for outreach materials will be provided by the City as required by state law. (continued until the final workshop). Upon receipt of the 2020 Census and PL 94-171 data, work with the Clerk of the Council Office and City staff to finalize and provide data summary and geographic files in standard map and data formats (e.g. Maptitude, Mapinfo, ArcGIS, .DBF, etc.) for public distribution with downloadable files available on the City's website. 9. Analyze whether the 2020 Census data requires modifications to the Council Ward districts and report the findings to the Clerk of the Council Office and City staff. 10. Work with the Clerk of the Council Office and City staff to finalize and gain staff approval of consultant -developed 2020 Census materials and presentation. 11. Conduct outreach for one public input hearing to the public on redistricting in an objective, non -partisan informational manner. Verbal translation for outreach materials will be provided by the City as required by state law. October 2021 12. Second Council Meeting (October 5th) - Present 2020 Census findings to the Mayor and City Council during a regular meeting, including redistricting process updates. 13. Evaluate draft maps prepared by the public to determine whether they are population balanced and satisfy the requirements of the Voting Rights Acts and share findings with the Clerk of the Council Office and City staff. 14. Work with the Cleric of the Council Office and City staff to finalize and gain staff approval of a written summary of all public input submitted at the training workshops, 22 City Council 32 — 26 9/7/2021 Section 4 M Preliminary Project Approach and Timeline (cant.) in writing, as a proposed map, or during the public hearing comment periods prior to the release of a draft map. 15. Propose new district boundaries to the Clerk of the Council Office and City staff based on feedback provided by the community and criteria set by the Mayor and City Council that are population balanced and satisfy the requirements of federal, state, and local laws. 16. Work with the Clerk of the Council Office and City staff to finalize and gain staff approval of the proposed initial draft map (or maps) and accompanying technical report for public release and presentation to the Mayor and City Council. 17. Third Council Meeting (October 19'') - Present staff recommended initial draft map (or maps) and accompanying technical report to the Mayor and City Council during a regular meeting, along with public comment and submitted proposed maps analysis. Proposed draft map (or maps) and technical report will be published seven days in advance in accordance with the California Fair Maps Act. 18. Make modifications to the initial draft map (or maps) based on input from the Mayor and City Council and community in coordination with the Clerk of the Council Office and City staff. 19. Work with the Clerk of the Council Office and City staff to finalize and gain staff approval of revised final draft map and accompanying technical and written reports summarizing all public input on the proposed initial draft map (or reaps). 20. Fourth Council Meeting (November 16'h)- Present staff recommended revised final draft map and accompanying technical report to the Mayor and City Council along with public comment and analysis of all available public input. Proposed revised final draft map and technical report will be published seven days in advance in accordance with the California Fair Maps Act. Adoption of final map and ordinance by the Mayor and City Council. 21. Assist the Mayor and City Council, Clerk of the Council Office, and City staff in all facets of implementing the final district boundary map, including all deliverables needed for the Cleric of the Council and the Orange County Registrar of Voters to implement new voter precinct boundaries. Other Tasks Provided During Duration of Contract 22. Actively participate in all meetings and public hearings scheduled by the Mayor and City Council that address the redistricting process in accordance with local public health rules and orders. The team is located locally and is available to participate or meet in person as required by the City. 23. Provide additional Census, PL 94-171, Statewide Database, and American Community Survey demographic data upon request as practicable during the term of the contract. 23 City Council 32 — 27 9/7/2021 Exhibit B Section 5 — Hourly Rates and Cost Summary The cost summaries Iisted below is all-inclusive of the work and costs that the team will undertake. The only exception to this proposal is the translation of documents into Spanish, Mandarin, and other possible languages, and the team would be happy to work with City staff to ensure such translation occurs in a timely manner as previously outlined in Section 4 of the proposal. Typically, this can be accomplished quickly by dovetailing on an existing City of Santa Ana or Orange County contract. All travel expenses will be incurred by the team if allowable by county and state health orders and guidance. We look forward to discussing this proposal further with you. Once again, thank you for your time and consideration. Alternatives A and C — Mayor and City Council Proposed Flat Rate $30,000 Demographer, Technical, and Mapping Consulting (120 estimated hours) $20,000 Outreach Services Consulting (100 estimated hours) $ 4,000 Maptitude for Redistricting (Caliper Corporation) Royalty Fee $10,000 User Friendly Mapping Digital -Interface $ 7,500 Website Development and Maintenance $71,500 Total Cost of Bid Proposal Alternative B - Commission Proposed Flat Rate $36,000 Demographer, Technical, and Mapping Consulting (140 estimated hours) $25,000 Outreach Services Consulting (125 estimated hours) $ 4,000 Maptitude for Redistricting (Caliper Corporation) Royalty Fee $10,000 User Friendly Mapping Digital -Interface $ 7,500 Website Development and Maintenance $82,500 Total Cost of Bid Proposal Additional Rates $275 per hour for additional demographichnapping/tecbnical services not within the scope of the contract. $200 per hour for additional outreach services not within the scope of the contract. $150 per hour for legal expert witness analysis/testimony after the expiration of the contract. Z4 City Council 32 — 28 9/7/2021 City Manager Office www.santa-ana.org/cm Item # 33 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Climate Emergency Resolution AGENDA TITLE: Resolution Declaring a Climate Emergency, Committing to Policies Opposing Fossil Fuel Expansion and Accelerating the Clean Energy Transition as Part of the Safe Cities Movement, Committing to Policies that will Reduce Both New and Existing Lead Contamination, and Endorsing the Call for a Global Fossil Fuel Non -Proliferation Treaty RECOMMENDED ACTION At the request of members of the City Council, adopt a resolution declaring a climate emergency, committing to policies opposing fossil fuel expansion and accelerating the clean energy transition as part of the Safe Cities Movement, committing to policies that will reduce both new and existing lead contamination, and endorsing the call for a global fossil fuel non-proliferation treaty. DISCUSSION At the March 2, 2021 City Council meeting, Councilmember Lopez added a discussion item to the meeting agenda: Discuss and Consider Directing City Manager to Direct Staff to Research and Bring to the City Council within 60 Days a Resolution Declaring a Climate Emergency, Committing to Policies Opposing Fossil Fuel Expansion and Accelerating the Clean Energy Transition as Part of the SAFE Cities Movement, and Endorsing the Call for a Global Fossil Fuel Non -Proliferation Treaty. While members of the City Council engaged in a thorough discussion about this topic, there was not a consensus among the City Council to move forward with a resolution for consideration. However, there was substantial discussion on this item and questions were posed to staff, including the following: (1) If cities are to not use fossil fuels, what is the proposed energy material to be used to meet the City's energy needs? (2) What are the City's current energy costs for electricity and natural gas, on a yearly basis? (3) What is the cost to upgrade the City's existing utility infrastructure, to replace natural gas and other fossil fuels with electricity? (4) Where would the City look to pay for these initiatives? (5) What is the plan for resiliency in case of an emergency or natural disaster that disrupts the delivery of energy? City Council 33 — 1 9/7/2021 Climate Emergency Resolution September 7, 2021 Page 2 On May 18, 2021, City staff presented an informational report to the City Council to respond to some of the questions posed by members of the City Council. At that same meeting, members of the City Council directed staff to return to the City Council with a resolution declaring a climate emergency, committing to policies opposing fossil fuel expansion and accelerating the clean energy transition as part of the Safe Cities Movement, committing to policies that will reduce both new and existing lead contamination, and endorsing the call for a global fossil fuel non-proliferation treaty. Attached for consideration by the City Council is a revised resolution (Exhibit 1) that has been reviewed by City staff. Separately, attached is a red -lined version of the original resolution shared by Councilmember Lopez at the March 2, 2021 meeting (Exhibit 2) which shows the changes that City staff has made. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Red -Lined Version of Original Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 33 — 2 9/7/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING A CLIMATE EMERGENCY, COMMITTING TO POLICIES OPPOSING FOSSIL FUEL EXPANSION AND ACCELERATING THE CLEAN ENERGY TRANSITION AS PART OF THE SAFE CITIES MOVEMENT, COMMITTING TO POLICIES THAT WILL REDUCE BOTH NEW AND EXISTING LEAD CONTAMINATION, AND ENDORSING THE CALL FOR A GLOBAL FOSSIL FUEL NON-PROLIFERATION TREATY. WHEREAS, communities across the City of Santa Ana are impacted by the health and safety risks of fossil fuels, climate change, lack of access to safe and open spaces and parks, lead, and other environmental toxins; and WHEREAS, these health and safety risks disproportionately impact those who also face environmental justice and socioeconomic and health inequities, including youth, elders, Indigenous people, people of color, low-income people, migrant communities, those experiencing mental and physical disabilities, those experiencing houselessness, and people with health conditions; and WHEREAS, the construction of new fossil fuel infrastructure and expanded reliance on fossil fuels exposes communities to substantial risks to the public's health and safety at the local and global levels; and WHEREAS, human exposure to lead via soil and other sources has been directly linked in children to a number of neurological issues, including smaller brain volume, lower working memory and processing speed, more limited perceptual reasoning, poor school performance, and asthma, and in adults to cardiovascular issues, renal problems, osteoporosis, and cognitive deficiencies; and WHEREAS, lead levels higher than safely permitted by the state of California and recommended by experts have been found throughout Santa Ana neighborhoods'; and WHEREAS, climate change exacerbates prolonged drought punctuated by unpredictable atmospheric river behavior and flooding, more frequent extreme heat events, wildfires, stronger Santa Ana winds, and warmer water temperatures that can result in increased circulation of lead in local environments2; and 1ThinkProgress. `The Toxic Legacy of Lead Storymap." <https://www.arcgis.com/apps/Cascade/i ndex. htm I?appid=05dd9a8ec7004882b l 13714e7fe5ee3a> 2 "The State of Public Health Lead Policies: Implications for Urban Health Inequities and Recommendations for Health Equity"<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6466291/> 33 — 3 9/7/2021 WHEREAS these risks can be exacerbated by improper zoning and land use decisions as well as unmitigated urban development. Uncontrolled urban development, without adequate consideration for climate and health impacts, has threatened residents with increased traffic and emissions, and thus may foster an increased heat island effect, elevating heat temperatures, incurring the threat of wildfires and additional health disparities such as asthma, obesity, heat exhaustion, heat stroke; and WHEREAS, only 4% of the City of Santa Ana's land is dedicated for parks and recreation,3 and the City of Santa Ana ranks 88 out of the 100 most populous US cities due to lack of access to parks, amenities and acreage. WHEREAS the City of Santa Ana's Open Space Element Policy 1.3 calls for the City to achieve a minimum park standard of two acres of parkland per 1,000 residents. The City currently does not meet this per -resident standard, and the parkland deficiency is projected to increase further: the total "parkland deficiency" would increase from 107.56 acres to 299.48 acres with increased development projected in the General Plan Update. WHEREAS parks, playgrounds, greenways, trails, community open spaces and community gardens help keep people and their communities healthy. Exposure to nature in parks, gardens, and natural areas can improve psychological and social health. Parks provide children with opportunities for play, critical in the development of muscle strength and coordination, language, and cognitive abilities. Parks build healthy communities by creating stable neighborhoods and strengthening community development.4 WHEREAS, the City of Santa Ana is committed to providing and upkeeping access to clean water and cooling centers to the whole community — and especially to those experiencing houselessness to stop preventable deaths due to heatwaves; and WHEREAS, a study from the University of Notre Dame found that the City of Santa Ana was the city with the highest climate change risks and one of the lowest climate change readiness in the United States5; and WHEREAS, the City of Santa Ana has a history of entering into partnerships with university graduate students to further higher education goals and provide robust professional expertise and analysis to advance City projects; and WHEREAS, the economic and job opportunities presented by a clean energy transition far outweigh the opportunities presented by an economy supported by expanding fossil fuel use and extraction; and 3 Trust for Public Land Park Score. TPL 2020 Park Score. www.tpl.org 4 Gies, Erica. The Health Benefits of Parks: How Parks Help Keep Americans Fit and Healthy https://www.tpl.org/sites/defauIt/files/cloud.tpl.org/pubs/benefits_HeaIthBenefitsReport.pdf 5 University of Notre Dame, "Climate Vulnerability of UAA Cities."<https://f4ain-uaa.nd.edu/matrix/> Resolution No. 2021-XXX City Council 33 — 4 / of 6 WHEREAS, the City of Santa Ana government recognizes the importance of any measures taken to decarbonize the local economy and uplift frontline communities as being permanent, long term solutions; and WHEREAS, our community is committed to an equitable and just energy transition, pursuing plans to reduce exposure to lead and other environmental toxins, as well as ambitious investments in green infrastructure and industries that will create jobs, decarbonize our economy, halt and reverse lead proliferation, and reduce future climate change; and WHEREAS, the general police powers granted to the City of Santa Ana empower and authorize the City of Santa Ana to adopt land use controls to provide for the regulation of land uses within the City of Santa Ana and to provide that such uses shall be consistent with applicable law; and WHEREAS, the City of Santa Ana government fully recognizes the limits to its authority over fossil fuel transport imposed by the federal government, and finds that this action is within the City's authority. 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. That it incorporates by reference the Recitals set forth above in its findings, determinations and declarations; and B. That a climate, environmental justice, public health, and ecological emergency threatens our city, region, state, nation, humanity and the natural world; and C. The City of Santa Ana endorses the call for a global Fossil Fuel Non - Proliferation Treaty6 that will end new fossil fuel exploration and expansion, phase out existing production in line with the global commitment to limit warming below 1.5°C above pre -industrial levels, and accelerate just and equitable energy transition plans; and D. The City of Santa Ana urges the State of California and the United States Federal Government to support the initiative for a Fossil Fuel Non -Proliferation Treaty; and E. The City of Santa Ana commits to investigate and implement policies limiting or preventing fossil fuel expansion as part of the SAFE Cities movement 6Fossil Fuel Nonproliferation Treaty. Fossilfueltreaty.org W7 33 — 5 9/7/2021 because of the inherent dangers to the public's health and safety in extraction, production, transport, storage, and combustion of fossil fuels; and F. The City of Santa Ana intends to investigate and implement policies limiting or preventing exposure to lead and other environmental toxins from new and existing sources and consider implementing policies to remediate lead and other environmental toxins, in tandem with renter protections to ensure that remediated households are not displaced as a result of environmental clean-up efforts; and G. The City of Santa Ana, in their commitment to environmental justice and in reducing the impact of climate change on low-income communities and communities of color, support land use that will accommodate more park space that would mitigate environmental pollution including carbon emissions, especially in areas where open space is threatened to be eliminated due to urban development; and H. The City of Santa Ana will investigate and implement policies promoting decarbonization and electrification of buildings and transportation, and other development to mitigate greenhouse gas emissions and achieve maximum energy efficiency, water efficiency, and safety, including the use of Reach Codes; and I. The City of Santa Ana seeks to achieve 100% of electricity power supply through clean, renewable, and zero carbon emission energy sources before the year 2045; and J. The City of Santa Ana will investigate the feasibility of building microgrids to ensure safe and reliable access to electricity by providing services such as community renewable energy programs; and K. The City of Santa Ana intends to continue to investigate Community Choice Aggregation such as the Orange County Power Authority as a means to meet the City's 100% clean, renewable zero -emission equitable electricity by 2045 goals; and L. The City of Santa Ana will explore how to achieve a just transition to a clean energy economy through job creation goals centering frontline and vulnerable communities, including labor strengthening projects, education, and job retraining programs to spur clean energy investment, decarbonize the City of Santa Ana's local economy, benefit local ecosystems, access to nature, boost biodiversity, end poverty, and tackle systemic injustices; and M. During the just transition to a decarbonized economy, the City of Santa Ana will support the rights of workers to organize, unionize, and collectively bargain free of coercion, intimidation, and harassment, and strengthen workplace health and safety protections, anti -discrimination protections, and wage and hour standards across all employers, industries, and sectors as required by state and federal law; and Resolution No. 2021-XXX City Council 33 — 6 1of 6 N. The City of Santa Ana will work with the labor and business communities, as well as the state and federal government, to investigate how to achieve a just climate transition and zero greenhouse gas emissions by 2050 across all industries, sectors, and communities; and O. The City of Santa Ana's 2015 Climate Action Plan be updated, improved, and expanded by the end of 2023 to maximize the City's public and private contributions to reaching zero emissions as soon and as socially equitable and possible; and P. The City of Santa will aggressively pursue state and federal funding, and other agency resources to help achieve the objectives within this resolution; and Q. The City of Santa Ana shall determine the appropriate advisory body to assist City Council and City Staff with carrying forward the commitments of this resolution; and R. The City of Santa Ana, in their commitment to transparency, will make any and all findings of such a body publicly available, as well as the actions they are planning to take in response to such findings; and S. In furtherance of this resolution, the City of Santa Ana shall submit a copy of this resolution to federal, state, regional, county, city, tribal and other relevant agencies and request that all relevant support and assistance in effectuating this resolution be provided. Section 2. This resolution shall take effect immediately upon its adoption by City Council and the Clerk of Council shall attest to and certify the vote adopting this resolution. ADOPTED this day of September, 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: XQJ,� A. R9 Laura A. Rossini Chief Assistant City Attorney Vicente Sarmiento Mayor . 41% 33 — 7 9/7/2021 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 33 — 8 / 1of 6 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING A CLIMATE AND PUBLIC --HEW H EMERGENCY, COMMITTING TO POLICIES OPPOSING FOSSIL FUEL EXPANSION AND ACCELERATING THE CLEAN ENERGY TRANSITION AS PART OF THE SAFE CITIES MOVEMENT, COMMITTING TO POLICIES THAT WILL REDUCE BOTH NEW AND EXISTING LEAD CONTAMINATION, AND ENDORSING THE CALL FOR A GLOBAL FOSSIL FUEL NON- Ia:Z97111a4:7_19101zs I'lwo WHEREAS, communities across the City of Santa Ana are impacted by the health and safety risks of fossil fuels, climate change, lack of access to safe and open spaces and parks, lead, and other environmental toxins; and WHEREAS, these health and safety risks disproportionately impact those who also face environmental justice and socioeconomic and health inequities, including youth, elders, Indigenous people, people of color, low-income people, migrant communities, those experiencing mental and physical disabilities, those experiencing houselessness, and people with health conditions; and WHEREAS, the construction of new fossil fuel infrastructure and expanded reliance on fossil fuels exposes communities to substantial risks to the public's health and safety at the local and global levels; and WHEREAS, human exposure to lead via soil and other sources has been directly linked in children to a number of neurological issues, including smaller brain volume, lower working memory and processing speed, more limited perceptual reasoning, poor school performance, and asthma, and in adults to cardiovascular issues, renal problems, osteoporosis, and cognitive deficiencies; and WHEREAS, lead levels higher than safely permitted by the state of California and recommended by experts have been found throughout Santa Ana neighborhoods'; and WHEREAS, climate change exacerbates prolonged drought punctuated by unpredictable atmospheric river behavior and flooding, more frequent extreme heat 'ThinkProgress. "The Toxic Legacy of Lead Storymap." <https://www.arcgis.com/apps/Cascade/index.html?appid=05dd9a8ec7004882b l 13714e7fe5ee3a> W1 33 — 9 9/7/2021 events, wildfires, stronger Santa Ana winds, and warmer water temperatures that can result in increased circulation of lead in local environments2; and WHEREAS these risks can be exacerbated by improper zoning and land use decisions as well as unmitigated urban development. Uncontrolled urban development, without adequate consideration for climate and health impacts, Gn a grand sGale has threatened residents with increased traffic and emissions, and thus may foster an increased heat island effect, elevating heat temperatures, incurring the threat of wildfires and additional health disparities such as asthma, obesity, heat exhaustion, heat stroke-- and WHEREAS, only 4% of the City of Santa Ana's land is dedicated for parks and recreation,3 and the City of Santa Ana ranks 88 out of the 100 most populous US cities due to lack of access to parks, amenities and acreage; and - WHEREAS the City of Santa Ana's Open Space Element Policy 1.3 calls for the City to achieve a minimum park standard of two acres of parkland per 1,000 residents. The City currently does not meet this per -resident standard, and the parkland deficiency is projected to increase further: the total "parkland deficiency" would increase from 107.56 acres to 299.48 acres with increased development projected in the General Plan Update; and - WHEREAS parks, playgrounds, greenways, trails, community open spaces and community gardens help keep people and their communities healthy. Exposure to nature in parks, gardens, and natural areas can improve psychological and social health. Parks provide children with opportunities for play, critical in the development of muscle strength and coordination, language, and cognitive abilities. Parks build healthy communities by creating stable neighborhoods and strengthening community development.4 WHEREAS, the City of Santa Ana is committed to providing and upkeeping access to clean water and cooling centers to the whole community — and especially to those experiencing houselessness to stop preventable deaths due to heatwaves; and WHEREAS, a study from the University of Notre Dame found that the City of Santa Ana was the city with the highest climate change risks and one of the lowest climate change readiness in the United States5; and 2 "The State of Public Health Lead Policies: Implications for Urban Health Inequities and Recommendations for Health Equity"<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6466291/> 3 Trust for Public Land Park Score. TPL 2020 Park Score. www.tpl.org 4 Gies, Erica. The Health Benefits of Parks: How Parks Help Keep Americans Fit and Healthy https://www.tpl.org/sites/default/files/cloud.tpl.org/pubs/benefits_ Health BenefitsReport.pdf 5 University of Notre Dame, "Climate Vulnerability of UAA Cities." <https://gain-uaa.nd.eduhnau-ix/> Resolution No. 2021-XXX City Council 33 — 10 of 6 WHEREAS, the City of Santa Ana has a history of entering into partnerships with university graduate students to further higher education goals and provide robust professional expertise and analysis to advance City projects; and WHEREAS, the economic and job opportunities presented by a clean energy transition far outweigh the opportunities presented by an economy supported by expanding fossil fuel use and extraction; and WHEREAS, the City of Santa Ana government recognizes the importance of any measures taken to decarbonize the local economy and uplift frontline communities as being permanent, long term solutions; and WHEREAS, our community is committed to an equitable and just energy transition, pursuing plans to reduce exposure to lead and other environmental toxins, as well as ambitious investments in green infrastructure and industries that will create jobs, decarbonize our economy, halt and reverse lead proliferation, and reduce future climate change; and WHEREAS, pursuant to the general police powers granted to the City of Santa Ana empower and authorize the City of Santa Ana to adopt land use controls to provide for the regulation of land uses within the City of Santa Ana and to provide that such uses shall be consistent with applicable law; and WHEREAS, the City of Santa Ana government fully recognizes the limits to its authority over fossil fuel transport imposed by the federal government, and finds that this action is within the City's authority_;-a-R4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Citv Council of the Citv of Santa Ana herebv finds. determines and declares as follows: NOW, THEREFORE, IT RESOLVED, the Gity of Santa Ana de roc rrv�r�T� rc , , de Glares That it incoraorates by reference the Recitals set forth above in its findinas. determinations and declarations: and AB. Tthat a climate, environmental justice, public health, and ecological emergency threatens our city, region, state, nation, humanity and the natural world; and BE IT FURTHER RESOLVED, the 9C. The City of Santa Ana endorses the call for a global Fossil Fuel Non - Proliferation Treaty6 that will end new fossil fuel exploration and expansion, phase out existing production in line with the global commitment to limit warming below 1.5°C above pre -industrial levels, and accelerate just and equitable energy transition plans; and 6Fossil Fuel Nonproliferation Treaty. Fossilfueltreaty.org W1 33 — 11 9/7/2021 133E IT FURTHERRESOLVED, t4 The City of Santa Ana urges the State of California and the United States Federal Government to support the initiative for a Fossil Fuel Non -Proliferation Treaty; and BE IT F IE?THF—R- R-F—SO VCIIe +ho+ + BF . The City of Santa Ana commits to investigate and implement policies limiting or preventing fossil fuel expansion as part of the SAFE Cities movement because of the inherent dangers to the public's health and safety in extraction, production, transport, storage, and combustion of fossil fuels; and BE IT F IQTHF—R- R-F—SOLVED, +ho+ + The City of Santa Ana intends to investigate and implement policies limiting or preventing exposure to lead and other environmental toxins from new and existing sources and consider implementing policies to remediate lead and other environmental toxins, in tandem with renter protections to ensure that remediated households are not displaced as a result of environmental clean --up efforts; and BE IT FURTHER RESOLVED, that4 rG. The City of Santa Ana, in their commitment to environmental justice and in reducing the impact of climate change on low-income communities and communities of color, support land use that will accommodate more park space that would mitigate environmental pollution including carbon emissions, especially in areas where open space is threatened to be eliminated due to urban development; and, BE IT FURTHER RESOLVED, +ho+ + GH. The City of Santa Ana will investigate and implement policies promoting decarbonization and electrification of buildings and transportation, and other development to mitigate greenhouse gas emissions and achieve maximum energy efficiency, water efficiency, and safety, including the use of Reach Codes,; and; BE IT F IQTI..IGI? RHESO1 VE=11 + HI. The City of Santa Ana wi4 seuKS Lu achieve 100 percent of electricity power supply fer muniGipal use plus offer the come to all residents and businesses through clean, renewable, and zero carbon emission energy sources before the year 20452025; and SRC IT F ICTLJCD R-F—SO VED + IJ. The City of Santa Ana will investigate the feasibility of building microgrids to ensure safe and reliable access to electricity providing services such as community renewable energy programs; and BE IT FURTHER ERESOLVED, t-t KJ. The City of Santa Ana intends to continue to investigate Community Choice Aggregation, such ash the Orange County Power Authority as a means to Resolution No. 2021-XXX of 66 City Council 33 — 12 0 V:I meet the City's 100% clean, renewable zero -emission equitable electricity by 20452025 goals; and BE IT FURTHER RESOLVED LK The City of Santa Ana will explore how to achieve a just transition to a clean energy economy through job creation goals centering frontline and vulnerable communities, including labor strengthening projects, education, and job retraining programs to spur clean energy investment, decarbonize the City of Santa Ana's local economy, benefit local ecosystems, access to nature, boost biodiversity, end poverty, and tackle systemic injustices; and BE IT FURTHER E R-E-O VCIIe d LM. During the just transition to a decarbonized economy, the City of Santa Ana will support the rights of workers to organize, unionize, and collectively bargain free of coercion, intimidation, and harassment, and strengthen workplace health and safety protections, anti -discrimination protections, and wage and hour standards across all employers, industries, and sectors as required by state and federal law; and RC IT CI IRTHF-R- R-F-SO VCII +ho+ + N-}. The City of Santa Ana will work with the labor and business communities, as well as the state and federal government, to investigate how to achieve a just climate transition and zero greenhouse gas emissions by 20502030 across all industries, sectors, and communities; and RC IT CI IQTHF-R- R-F-SOLVED, +ho+ + ON. The City of Santa Ana's 2015 Climate Action Plan be updated, improved, and expanded by the end of 2023 2022 to maximize the City's public and private contributions to reaching zero emissions as soon and as socially equitable and possible; and SRC IT FURTHER RESOLVED, t e PG. The City of Santa will aggressively pursue state and federal funding, and other agency resources to help achieve the objectives within this resolution; and RG IT FURTHER RESOLVED, + P-Q. The City of Santa Ana shall determine the appropriate advisory body to assist City Council and City Staff with carrying will empower the ERViFllnmeRtal anal TraRGpertatinn Advisery Gemmi++ee to Garr„ forward the commitments of this resolution; and RG IT CI IDTLJIEQ R-rOSOl VGII +ho+ + RQ. The City of Santa Ana, in their commitment to transparency, will make any and all findings of such a body publicly available, as well as the actions they are planning to take in response to such findings:; and; 01 33 - 13 9/7/2021 SR. I+n furtherance of this resolution, the City of Santa Ana shall submit a Goror! Gepy of this resolution to federal, state, regional, county, city, tribal and other relevant agencies and request that all relevant support and assistance in effectuating this resolution be provided. Section 2. This resolution shall take effect immediately upon its adoption by City Council and the Clerk of Council shall attest to and certify the vote adopting this resolution. ADOPTED this day of September, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Council members: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2021-XXX of 66 City Council 33 — 14 rl CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of Council, do hereby attest to and certify that the attached Resolution No. 2021-XXXX to be the original resolution adopted by the City Council of the Citv of Santa Ana on .2021. Date: Clerk of Council City of Santa Ana W1 33 — 15 9/7/2021 City Manager Office www.santa-ana.org/cm i Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Police Oversight Informational Report AGENDA TITLE: Informational Report Relating to Police Oversight RECOMMENDED ACTION Accept informational report and provide direction to staff DISCUSSION At the December 15, 2020 City Council meeting, staff presented an informational report relating to police oversight. At that meeting, members of the City Council directed staff to conduct additional research and activities as follows: • Further examine the Auditor/Monitor Model. • Further examine the Investigation -Focused model. • Explore police oversight mechanisms from the cities of Berkeley, Riverside, Oakland, and Anaheim. • Explore costs associated with police oversight, including expenditures relating to the use of subpoena. • Explore the make-up of board/commission/committee/groups with regard to the eligibility criteria, appointments procedure, term limits, and scope of work. In the sections below, this report provides information in response to each of those topics. Introduction to Police Oversiaht Police oversight (also referred to as "civilian oversight") is a form of oversight of police officer conduct, whose purpose is to improve police performance and accountability. Police oversight mechanisms typically serve as a source of external oversight over police agencies. Police oversight mechanisms in the United States operate in a variety of political and socioeconomic environments and exhibit variation in terms of their formal authority, level of professional ization, staffing, budgetary authority, and style of oversight. They are often created through local government ordinance or an amendment to the local government charter. City Council 34 — 1 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 2 Auditor / Monitor Model The Auditor / Monitor Model focuses on examining broad patterns in complaint investigations including patterns in the quality of investigations, findings and discipline rendered. In some cities that use this model, auditors/monitors may actively participate in or monitor open internal investigations. This model often seeks to promote broad organizational change by conducting systematic reviews of police policies, practices or training, and making recommendations for improvement. An example of a city that deploys the Auditor / Monitor Model for police oversight is the City of Anaheim: • City of Anaheim, CA • City: Anaheim, CA • Police Oversight Mechanism Name: Police Review Board • Responsibilities: o Receive real-time notification of and access to the locations of officer -involved shootings. o Receive private briefings on major incidents. o Publish statistics on officer -involved shootings, uses of force, complaints, and outcomes. o Receive community complaints and concerns and refer them to Anaheim's city manager, Anaheim Police, or Office of Independent Review (OIR) Group for review and response. o Consider and approve policy recommendations made by OIR Group. o Vote on and offer findings on Anaheim Police Department responses to OIR Group recommendations. o Review some police policy recommendations prior to adoption. o Hear about police training and practices. o Audit existing police policies. o Produce a publicly available annual report. • Membership: Seven Anaheim residents are selected by lottery from each of the city's six districts, along with one member selected from the city at large. • Staff: Two liaisons, one from the City Manager's Office (Senior Administrative Analyst) and one from the Anaheim Police Department (Internal Affairs Lieutenant), lend their assistance to the Police Review Board. • Annual Operating Budget: $125,000 Investigation -Focused Model The Investigation -Focused Model involves routine, independent investigations of complaints against police officers, which may replace or duplicate police internal affairs processes, staffed by non -police civilian investigators. An example of cities that deploy the Investigation -Focused Model for police oversight are the Cities of Berkeley, Oakland, and Riverside: City Council 34 — 2 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 3 City of Berkeley, CA • City: Berkeley,CA • Police Oversight Mechanism Name: Police Accountability Board • Responsibilities: o To advise and make recommendations to the public, City COuncil, and City Manager regarding the operation of the Berkeley Police Department, including all written policies, practices, and procedures in relations to the Berkeley Police Department. o Review and recommend for City Council approval all agreements, letters, memoranda of understanding, or policies which express terms and conditions of mutual aid, information sharing, cooperation and assistance between the Berkeley Police Department, and all other local, state and federal law enforcement, intelligence, and military agencies or private security organizations. o To receive and consider the findings and recommendations of the Director of Police Accountability regarding complaints filed by the members of the public against sworn employees of the Police Department and to recommend if discipline is warranted when misconduct is found and the level of discipline for sustained findings of misconduct. o To participate in the hiring of the Chief of Police. o To access records of City Departments, compel attendance of sworn employees of the Police Department, and exercise the power of subpoena as necessary to carry out its functions. o To adopt rules and regulations necessary for the conduct of its business. o Any other powers and duties as the City Council may assign it by Ordinance. Membership: o Nine Berkeley residents are appointed by the Berkeley Mayor and City Council. o Be a resident of the City. o Be at least 18 years old. o Not be an employee, officer, or contractor with the City. o Be fair-minded and objective with a demonstrated commitment to community service. o Members' terms end four years after appointment, or upon expiration of the nominating City Council Member's term, whichever is earlier. Staff: Director of Police Accountability Annual Operating Budget: $1,113,102 City of Oakland, CA • City: Oakland, CA • Police Oversight Mechanism Name: Oakland Police Commission/Community Police Review Agency • Responsibilities: o The Commission: ■ Oversee the Police Department's policies and procedures. City Council 34 — 3 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 4 ■ Review the OPD's policies, procedures, and general orders. ■ Propose changes and approve or reject OPD's proposed changes, to those policies, procedures, and General Orders that govern use of force, profiling, and general assemblies. ■ The Commission's proposed changes, and any rejections of the OPD's proposed changes would be subject to the City Council's review and approval. ■ Decides on the discipline when the Chief of Police and the Agency disagree on findings and discipline. ■ Issue subpoenas to compel the production of book, papers, and documents or testimony on matters pending before it. o The Agency: ■ To investigate complaints of police misconduct and recommend discipline. ■ Receive, review, and prioritize all public complaints concerning the alleged misconduct or failure to act of all OPD sworn staff, including complaints from OPD's non -sworn staff. ■ Investigate all public complaints related to the use of force, in -custody deaths, profiling based on any of the protected characteristics identified by federal, state, or local law, First Amendment assemblies such as resident protests or marches, and policies and procedures on federal court orders. ■ Investigate any other alleged misconduct or failure to act of OPD sworn staff, whether or not the sworn staff member is the subject of a public complaint, as directed by the Commission. • Membership: o Commission: Nine (9) unpaid volunteers from the community: seven (7) regular members and two (2) alternates. Mayor recommends three (3) commissioners and one (1) alternate while a selection panel recommends four (4) commissioners and one (1) alternate, contingent upon City Council approval. o Agency: Executive Director, three (3) intake technicians, one (1) supervisor, one (1) policy analyst, six (6) investigators, and one (1) office assistant. • Annual Operating Budget: $4.1 million City of Riverside, CA • City: Riverside, CA • Police Oversight Mechanism Name: Community Police Review Commission • Responsibilities: o Advise the Mayor and City Council on all police/community relations issues. o Conduct public outreach to educate the community on the purpose of the commission. o Receive complaints of alleged misconduct. o Review and investigate all citizen complaints. o Conduct hearings into allegations of police misconduct. City Council 34 — 4 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 5 o Subpoena and require the attendance of witnesses and the production of records pertinent to the investigation upon the affirmative vote of six commissioners. o Review and advise the Police Department in matters pertaining to police policies and practices. o Administer oaths to witnesses and take testimony. o Submit written findings to the city manager and police chief. o Review and investigate the death of an individual arising out of or in connection with actions of a sworn police officer. o Recommend to the city manager the provision of such staff as is necessary to carry out the commission's duties. o Advise the city manager regarding performance of said staff. o Submit an annual report to the City Council. • Membership: Nine Riverside residents are appointed by the Mayor and City Council. Commissioners serve four-year terms and may only serve two terms for a total of eight years. • Staff: Staff from the City Attorney's Office, City Manager's Office, and Riverside Police Department support the commission. • Annual Operating Budget: $264,541 Survey Results On May 11, 2021, staff shared a community feedback survey to ask residents to share their sentiments relating to police oversight. Below is a summary of the results as of Thursday, September 2, 2021: City Council 34 — 5 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 6 Residency Neighborhood am... Which neighborhood do you live in? ■ A contractor/vendor A business owner ■ A resident ■ An employee ■ None of these City Council 34 — 6 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 7 The City of Santa Ana Should Establish a Police Oversight Mechanism, Such as a Police Oversight Board/Commission. The City of Santa Ana should establish a civilian police oversight mechanism, such as a Police Oversight Board/Commission. ■ Neither disagree nor agree ■ Somewhat agree ■ Somewhat disagree Strongly agree ■ Strongly disagree 61.7 City Council 34 — 7 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 8 If the City of Santa Ana Were to Establish a Civilian Police Oversight Mechanism (Such as a Police Oversight Board/Commission), What Powers / Authority Should it Have? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what powers / authority should it have? 376 responses Hear resident appeals Hear officer appeals Impose discipline, which... Investigate complaints in... Recommend discipline,... Review discipline Subpoena records Subpoena witnesses All of the above Impose discipline 7 (1.9%) Recommend discipline 5 (1.3%) None Ill (0.8%) Review current policies,... 1 (0.3%) Ensure cops cannot turn... 1 (0.3%) Identify more effective in... 1 (0.3%) Determine laws and pun... 1 (0.3%) Ability to enact meaningf... 1 (0.3%) Independent from other... 1 (0.3%) A civilian should NOT ha... 1 (0.3%) As they hold those unde... 1 (0.3%) Recommend budget siz... 1 (0.3%) None. We don't believe i... 1 (0.3%) Advocate for the residents 1 (0.3%) Stop or halt police from... 1 (0.3%) make recommendations... 1 (0.3%) Offer review of police pr... 1 (0.3%) Collaboration between c... 1 (0.3%) This is a pathetic liberal... 1 (0.3%) Ability to hire and fire pol... 1 (0.3%) Impose fines on officers... 1 (0.3%) maintain records of com... 1 (0.3%) Including court records a... 1 (0.3%) They shouldn't have any... 1 (0.3%) Impose discipline, includ... 1 (0.3%) Not allowing homeless i... 1 (0.3%) none of the above 1 (0.3%) Be available to stand up... 1 (0.3%) Review actions taken, h... 1 (0.3%) Please don't waste tax p... 1 (0.3%) review police candidates... 1 (0.3%) ensure all employees, n... 1 (0.3%) Description of committe... 1 (0.3%) 214 (56.9%) 132 (35.1 %) -137 (36.4%) 191 (50.8%) -139 (37%) �154 (41 %) 0-145 (38.6%) 133 (35.4%) 204 (54.3%) 50 100 150 200 250 City Council 34 - 8 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 9 Si la Ciudad de Santa Ana estableciera un mecanismo de supervision policial civil (como una Comision de Supervision Policial), que poder/autoridad deberia tener? 16 responses Escuchar apelaciones de resid... Escuchar apelaciones de oficia... 1 (6.3%) Imponer disciplina, que puede i... 4 (25%) Investigar quejas de forma ind... 7 (43.8%) Recomendar disciplina, que pu... Revision de disciplina 1 (6.39%1.) 01taci6n de expedient es 4 (25%) Citacidn de testigos 5 (31.3%) Todos los anteriores 4 (25%) 0.0 2.5 5.0 7.5 10.0 2 (75%) 12.5 City Council 34 — 9 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 10 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 372 responses 01 2 r 3 4 •5 49 6 •7 •8 115 Si la Ciudad de Santa Ana estableciera un mecanismo de supervision policial civil (como una Comision de Supervision Policial), Zcuantos miembr...parte del organismo de supervision policial civil? 16 responses 1 •2 •3 4 •5 6 •7 •8 112 City Council 34 — 10 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 11 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 377 responses Less than one year 2 years r 3 years 4 years More than four years 49 1 year None 1 member from each neighborhood 1/4 Si la Ciudad de Santa Ana estableciera un mecanismo de supervision policial civil (como una Comision de Supervision Policial), �cuanto tiempo d... bros en el organismo de supervision policial civil? 15 responses Menos de un ano 2 anos 3 anos 19 4 anos Mas de cuatro anos City Council 34 — 11 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 12 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? 377 responses Knowledge / Experience 216 (57.3%) 177 (46.9%) College education 122 (32.4%) 6 (1.6%) Must NOT have family... 69 (18.3%) 272 (72.1 %) City of Santa Ana resid... 325 (86.2%) 168 (44.6%) No criminal history 163 (43.2%) 30 (1 1 Must NOT have family... 142 (37.7%) 16 (4.2%) Must NOT have family... 10 (2.7%) 2 (0.5%) Must be former LEO 2 (0.5%) 11 Must not have a secon... 1 (0.3%) 1 (0.3%) They should have no c... 1 (0.3%) 1 (0.3%) There should be peopl... 1 (0.3%) 1 (0.3%) Off probation or Parole... 1 (0.3%) 1 (0.3%) There is no qualificatio,.. 1 (0.3%) 1 (0.3%) Honesty and altruism. 1 (0.3%) 1 (0.3%) Community Organizers 1 (0.3%) 1 (0.3%) folks that have been ar... 1 (0.3%) 1 (0.3%) Families of police brut... 1 (0.3%) 1 (0.3%) Part of an appointed m... 1 (0.3%) 1 (0.3%) Must not have a family... 1 (0.3%) 1 (0.3%) It doesnt matter. They... 1 (0.3%) 1 (0.3%) Someone that believes... 1 (0.3%) 1 (0.3%) Must not be former law... 1 (0.3%) 1 (0.3%) From communities mo... 1 (0.3%) 1 (0.3%) Minimum 20 ride-alongs. 1 (0.3%) 1 (0.3%) No history of drug use 1 (0.3%) 1 (0.3%) Voted in by residents o... 1 (0.3%) 1 (0.3%) Citizen 1 (0.3%) 1 (0.3%) A credit background 1 (0.3%) 1 (0.3%) there are no qualificati... 1 (0.3%) 1 (0.3%) Interview and some so... 1 (0.3%) 1 (0.3%) Diverse demographics 1 (0.3%) 1 (0.3%) composed of both mal... 1 (0.3%) 1 (0.3%) independence, integrit... 1 (0.3%) 1 (0.3%) From none to some qu... 1 (0.3%) 1 (0.3%) Have been arrested or... 1 (0.3%) 1 (0.3%) Must demonstrate com... 1 (0.3%) 0 100 200 300 400 City Council 34 - 12 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 13 Si la Ciudad de Santa Ana estableciera un mecanismo de supervision policial civil (como una Comision de Supervision Policial), �cuales deben se ... mbros del organismo de supervision policial civil? 16 responses ConocimientolExperiencia Capacitacion NO debe ser funcionariola electo Estudios universitarios/colegiales NO debe tener familiares del or... Debe ser exoficial del orden pu... Residencia en la Ciudad de Sa... Elector empadronadola No antecedentes criminales Recomendacion del Concejo M... Jovenes de Santa Ana No Recomendacion del Concej... 0 2 4 6 8 8 (50%) 8 (50%) 8 (50%) The survey data, with all personally identifiable information removed to protect the privacy of the respondents, is attached to this report (Exhibit 1). Additional Considerations Below are some considerations for establishing a police oversight board or commission: • Establish a planning or advisory committee or group. Begin to meet regularly to educate the group on the pros and cons of various oversight models, legal requirements, collective bargaining limitations, or other issues. The planning group should include a perspective from law enforcement. • Identify the proposed police oversight board/commission's objectives and scope. • Based upon the agreed objectives and scope, select an agency structure. • Identify staffing needs. • Develop a specific and detailed budget estimate. • Prepare an ordinance to establish the police oversight board or commission. • Appropriate monies to fund the police oversight board or commission. OPTIONS The City Council has the following options to consider relating to this matter: 1. Direct staff to prepare an ordinance establishing a police oversight board or commission. 2. At the discretion of the Mayor, appoint an ad -hoc committee to develop the specific characteristics of the police oversight mechanism. 3. Direct staff to return with additional information, including a perspective from law enforcement. 4. Take no action. City Council 34 — 13 9/7/2021 Police Oversight Informational Report September 7, 2021 Page 14 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Survey Data Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 34 — 14 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 7 5 none More than 10 3 10 6 6 More than 10 0- No civilian should be allowed to oversee confidential police matters. They are not in the field nor experts in police matters, that con determin an outcome. 5 7 12 12 3 5 7 10 More than 10 10 9 More than 10 8 3 6 8 1 don't know. Enough to provide diversity 5 More than 10 10 8 None 10 7 5 None. We don s€TMt believe ita€T"'s necessary for such a committee to be formed. 5 3 9 City Council 34 — 15 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 7 5 zero 7 6 6 5 6 6 Depends how much work is involved 5 8 More than 10 9 5 7 5 5 8 10 One per neighborhood 5 7 5 9 More than 10 7 6 10 7 More than 10 More than 10 6 10 10 More than 10 More than 10 7 10 7 More than 10 More than 10 More than 10 10 More than 10 9 9 City Council 34 — 16 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 5 5 7 More than 10 10 9 7 More than 10 7 7 9 5 6 5 10 10 9 5 More than 10 10 7 10 9 7 7 More than 10 7 5 9 10 More than 10 5 7 More than 10 10 12 9 7 5 5 6 6 6 6 7 5 7 City Council 34 — 17 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 6 5 5 1 8 8 7 9 More than 10 10 10 7 10 5 8 As many needed to finally find police accountable 3 8 6 6 10 7 10 7 8 More than 10 3 9 9 10 9 10 More than 10 10 7 12 5 7 More than 10 I don a€TMt know how to calculate this 8 5 10 More than 10 4 4 City Council 34 — 18 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? More than 10 8 5 10 More than 10 10 5 5 6 10 10 8 10 9 As many dedicated people as possible. It will be stronger in numbers - the police have too much power and support on their end already. We need to bolster this up as much as we can and utilize any and all available persons. More eyes - more oversight. Make the PD realize the city watches them back. 8 5 7 7 7 5 More than 10 7 8 7 7 7 7 5 7 8 9 4 7 10 7 More than 10 7 7 10 More than 10 City Council 34 — 19 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 7 3 8 7 7 More than 10 9 5 More than 10 10 7 7 10 More than 10 Not sure,however, there should be representation from each community 7 7 7 9 7 7 7 0 9 7 More than 10 2-3 per each ward (12-18) 4 7 10 9 12, make it like a jury system 8 9 More than 10 7 1 5 5 5 6 8 7 7 10 9 City Council 34 — 20 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? not sure 7 4 More than 10 5 10 7 10 More than 10 3 6 7 5 5 7 6 9 9 7 More than 10 5 7 10 10 More than 10 5 2 A minimum of 1 per neighborhood 7 7 As many as needed to represent the diversity of Santa Ana 7 10 7 6 7 7 9 More than 10 7 5 9 7 More than 10 7 8 City Council 34 — 21 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? More than 10 More than 10 9 4 5 More than 10 More than 10 7 4 None 8 10 10 10 3 5 6 More than 10 5 7 5 7 3 9 5 More than 10 7 10 0 10 7 9 9 5 7 ZERO More than 10 10 10 5 like other commissions, one per ward, or possibly 2 per ward 5 3 3 7 10 City Council 34 — 22 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how many members should serve on it? 10 5 More than 10 More than 10 9 10 9 Should include access to the board to all of the above and lawyers so they have someone familiar with the intricasies of the laws 6 More than 10 The number of members should match the number of city council districts. 7 10 7 7 8 9 10 10 5 7 10 10 7 More than 10 8 5 10 5 More than 10 City Council 34 — 23 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 2 years 3 years no time 2 years one year of training/shadowing officers and 2 years service - total 3yrs 2 years 2 years 3 years 2 years Less than one year 3 years 2 years 4 years 4 years 2 years Less than one year 3 years 4 years 3 years 3 years 3 years Less than one year 3 years More than four years 2 years 3 years 3 years 2 years 2 years 4 years 3 years None 3 years 2 years 2 years None. We don s€TMt believe ita€TMs necessary for such a committee to be formed. 2 years 2 years 2 years 2 years 4 years City Council 34 — 24 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? Less than one year 2 years 3 years 2 years 2 years 2 years 2 years 3 years 4 years 4 years Less than one year 2 years 2 years 2 years 3 years 2 years 2 years Less than one year 2 years 2 years 4 years 2 years 4 years 2 years 2 years 2 years 2 years More than four years More than four years 4 years 2 years 2 years More than four years More than four years 3 years 2 years 2 years 3 years 3 years Less than one year 2 years 2 years 2 years 3 years 2 years 2 years 2 years City Council 34 — 25 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 2 years 4 years 4 years 2 years 3 years 3 years 2 years 4 years 2 years 3 years 4 years 2 years 4 years I think a one to two year term is acceptable. Less than one year 4 years 2 years 2 years 2 years 1 year 3 years 2 years More than four years 2 years Less than one year 3 years 2 years 2 years 2 years 2 years 2 years 3 years 2 years 4 years 2 years 2 years 2 years 2 years 2 years Less than one year 1 year 2 years Not sure. The main concern is keeping the commission from being tainted. 2 years 2 years More than four years City Council 34 — 26 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? More than four years Less than one year 2 years 3 years 2 years 4 years 2 years 4 years 2 years 2 years 3 years 3 years Less than one year 2 years 4 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years Less than one year 2 years 2 years Less than one year 4 years 3 years 2 years 2 years 4 years 4 years 2 years 2 years 4 years 2 years 3 years 2 years I don s€TMt know how to calculate this 2 years 2 years 2 years Depends on the individuals ability to do their job 2 years 2 years 2 years 4 years City Council 34 — 27 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 2 years 3 years 2 years 4 years 2 years 3 years 4 years 3 years 2 years 3 years 3 years 4 years 2 years 2 years 4 years 4 years 3 years 2 years 3 years 2 years 2 years 3 years 2 years 2 years 2 years 4 years 2 years 3 years 4 years 4 years 2 years 2 years 2 years 2 years 2 years 4 years 2 years 2 years 2 years 4 years 2 years 2 years 2 years 2 years 2 years More than four years 2 years City Council 34 — 28 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 2 years 2 years 2 years 2 years 4 years 2 years One year 2 years 2 years 3 years 2 years 2 years 2 years 2 years There must be strict term limits no longer than 3-years 3 years 0 2 years Four years but staggered terms. Unsure 4 years Less than one year 3 years 3 years 3 years 5 years 2 years 2 years Less than one year 2 year term, if no other members want to join at that time of the end of term, they can renew for an additional 2 years for a maximum of 4 years. Less than one year 2 years 2 years 4 years 2 years 3 years 2 years 3 years 4 years 2 years Enough time to gain experience, but not become entrenched 3 years 2 years 3 years City Council 34 — 29 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 3 years 2 years 2 years 3 years 2 years 4 years 3 years 4 years 2 years 4 years 3 years 4 years 4 years 2 years 3 years 2 years 2 years 2 years 2 years 1 min with an option for 4 more with peoples vote 2 years 2 years 3 years 2 years 2 years 2 years 2 years 4 years 1 member from each neighborhood 1 member from each neighborhood 2 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years 3 years 3 years 4 years 2 years 2 years 3 years 2 years City Council 34 — 30 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 2 years 2 years 2 years 2 years 2 years 3 years 4 years Foolish politics 4 years 2 years 4 years 3 years 2 years 4 years 2 years Less than one year 3 years 1 year no consecutive terms 2 years 2 years 4 years 2 years 2 years 4 years 3 years Less than one year None 4 years 2 years 2 years 3 years Less than one year 3 years 10 minutes Less than one year 2 years 2 years 2 years 2 years Less than one year 2 years 2 years 2 years 3 years 2 years 3 years 2 years City Council 34 — 31 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), how long should members serve on it? 4 years 3 years 3 years 2 years Should be appointed so that there are always individuals with the experience. If a 3 year term, a third elected each time 2 years 2 years 2 years 2 years 2 years 2 years 2 aA±os 3 aA±os 3 aA±os MAis de cuatro aA±os 4 aA±os 2 aA±os 2 aA±os 2 aA±os 2 aA±os Menos de un aA±o 3 aA±os MAis de cuatro aA±os 2 aA±os MAis de cuatro aA±os 3 aA±os City Council 34 — 32 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Training;College education;Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;No criminal history;Minimum 20 ride-alongs. College education;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;must commit volunteer time for ride- alongs to have a full understanding of the job Knowledge / Experience;Training;Registered voter Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;Must be former LEO;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency; Registered voter there are no qualifications for a civilian should oversee confidential police matters. They are not in the field nor experts in police matters. Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must be former LEO;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history City Council 34 — 33 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? College education;Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Must NOT have family LEo;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Recommendation by the City Council Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Care about the resident of Santa Ana Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;No criminal history;composed of both male and female civilians, not easily intimidated Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Must not be a former LEO Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency None Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected off icia1;Registered voter;No criminal history;Must not have a second job Knowledge / Experience;Training;City of Santa Ana residency;No criminal history; Recommendation by the City Council Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency City Council 34 — 34 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? None. We don A€TMt believe itA€TMs necessary for such a committee to be formed. Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;No criminal history Knowledge / Experience;Training;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;Must be former law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;City of Santa Ana residency;No criminal history; Recommendation by the City Council Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency City of Santa Ana residency; Registered voter;No criminal history;A credit background Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter City Council 34 — 35 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer; Registered voter Knowledge / Experience;Training;College education;Must NOT be elected official;No criminal history;Completion of Civilian Police Academy or similar program Knowledge / Experience;City of Santa Ana residency; Registered voter; Recommendation by the City Council Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;Willing to put in the time and effort to do an effective job. Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history College education;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Must NOT be elected official; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Recommendation by the City Council City Council 34 — 36 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Must NOT have family law enforcement officer;City of Santa Ana residency;No las enforcement whatsoever on this board. Their is no bias with a former or current law enforcement employee. Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;No criminal history Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Recommendation by the City Council Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter College education;Must NOT have family law enforcement officer;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;City of Santa Ana residency; Registered voter;No criminal history City Council 34 — 37 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must be former law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter City of Santa Ana residency Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;Definitely not reco by council Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter City Council 34 — 38 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;College education;Must NOT be elected official;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;Families of police brutality victims Knowledge / Experience;Must NOT be elected official; Registered voter Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history City Council 34 — 39 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;l think there needs to be a balanced mix of members, for example the committee should have at least 1 person with personal experience dealing with law enforcement but not in an official capacity. It could be a family member of someone who has a criminal history or a person who works in a community organizations that provides services to ex -convicts, etc. Also, I think that 1 position could be open for a non resident of the city but who has clear investment in the community. I don't mean $ investment necessarily rather someone who is for example a teacher in a city of Santa Ana school or who works at KidWorks or Boys and Girls Club. I think a mix of people is most important. I want a couple of college educated people there but I'd also want to seen member who has a HS diploma and lived experience/training. Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;College education;Must be former law enforcement officer; Registered voter;No criminal history College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Training;No criminal history Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Recommendation by the City Council Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;No criminal history Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Must NOT be elected official;City of Santa Ana residency City Council 34 — 40 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Must NOT have a conflict of interest. Ex. Must NOT be a former law officer. Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Knowledge / Experience;Must be former law enforcement officer;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official Knowledge / Experience;Training;Must NOT have family law enforcement off icer;City of Santa Ana residency Must NOT have family law enforcement officer;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;Must be former law enforcement off icer;City of Santa Ana residency City Council 34 — 41 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience Knowledge / Experience;College education;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must be former law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency;No criminal history;There should be people that understand law enforcement but not be biased toward protecting bad officers. People that don't hate cops but who will be fair and won't have an agenda that is swayed by popular opinions/media trends. This is about holding people accountable, not about appealing or appeasing mob mentality. Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history City of Santa Ana residency Knowledge / Experience;College education;City of Santa Ana residency;No criminal history Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Must be former law enforcement officer;Must NOT be elected official;No criminal history No criminal history City Council 34 — 42 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency College education;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;Must NOT be elected official; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement off icer;City of Santa Ana residency Knowledge / Experience;College education;Must NOT have family law enforcement officer;Must NOT be elected official;They should have no contact with police officers, and not be allowed to be friends with officers or meet law enforcement in their off time. Too much opportunity for corruption. Must NOT have family law enforcement officer;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency City Council 34 — 43 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;City of Santa Ana residency; Registered voter; Recommendation by the City Council Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Training;Must NOT have family law enforcement officer;No affiliation with police Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;College education;Must be former law enforcement officer;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council;From none to some qualifications for an inclusive commission. Knowledge / Experience;Training;Must be former law enforcement officer;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;Must be former law enforcement officer;City of Santa Ana residency;No criminal history No criminal history Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Knowledge / Experience;Someone that believes in abolishing the police!!!! Training;City of Santa Ana residency; Registered voter City Council 34 — 44 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Must not be former law enforcement officer Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Must not be former law enforcement and have no personal, professional or business relationships that can be considered a conflict of interest such as being a major donor to the police union Knowledge / Experience;Training;College education;City of Santa Ana residency;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Training;College education;Must NOT be elected official;No criminal history Knowledge / Experience;Training;Must be former law enforcement officer;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Training;City of Santa Ana residency; Registered voter Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter; Recommendation by the City Council;l was unjustly arrested - as many residents have been. Having a A€oecriminalA€ record should not hinder ones€TMs chance. Reasons for criminal records should be looked at but not used against anyone interested. Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must be former law enforcement officer;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history City Council 34 — 45 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;College education;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;City of Santa Ana residency;No criminal history Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Have been arrested or incarcerated Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Not be a business owner/ involved with law enforcement at all, through donations etc Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official Knowledge / Experience;Training;Must NOT have family law enforcement off icer;City of Santa Ana residency; Recommendation by the City Counciljolks that have been arrested by SAPID or have been incarcerated in Santa Ana jail should be considered Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;Must be former law enforcement officer;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter; Recommendation by the City Council Knowledge / Experience;Training;No criminal history Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;City of Santa Ana residency;No criminal history City Council 34 — 46 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;must be a volunteer position Knowledge / Experience;Training;College education;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;No criminal history Knowledge / Experience;Training;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Training Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;Santa Ana Employee Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter City of Santa Ana residency Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;City of Santa Ana residency;No criminal history City of Santa Ana residency;Voted in by residents or have folks no monster from different zip codes within Santa Ana Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Community Organizers Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter City Council 34 — 47 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;College education;City of Santa Ana residency;No criminal history;Must not have a family law enforcement officer of Santa Ana Knowledge / Experience;Training;Must NOT have family law enforcement off icer;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;Diverse demographics Knowledge / Experience;Training;College education;City of Santa Ana residency; Registered voter;Santa Ana Employee Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Board members and staff must exclude current and former City, Department, and Association employees and employees of other government entities and must include representatives from communities most affected by police practices City of Santa Ana residency;From communities most affected by police violence Knowledge / Experience;Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency City of Santa Ana residency Must be former law enforcement officer;City of Santa Ana residency; Registered voter;No criminal history;No history of drug use Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;Honesty and altruism. Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;Recommendation by the City Council City Council 34 — 48 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;Must be former law enforcement off icer;Registered voter Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;City of Santa Ana residency; Registered voter Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Must be former law enforcement officer;Must NOT be elected official; Registered voter;No criminal history Training;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Training;College education;Must NOT have family law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history City of Santa Ana residency; Registered voter Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Must not be law enforcement Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency City Council 34 — 49 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Must demonstrate commitment to anti -racism and community care Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;independence, integrity, gender & racial diversity, some members w/skills on how to do investigations, community activists Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;City of Santa Ana residency; Registered voter; Recommendation by the City Council Training;College education;Must NOT have family member who has served as a law enforcement officer;City of Santa Ana residency;Average everyday People of the city, non members of politically motivated groups . City Council 34 — 50 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter; Recommendation by the City Council Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Recommendation by the City Council Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history College education;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;City of Santa Ana residency; Registered voter;No criminal history;Must have two civilians who have family in law enforcement Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Must NOT have family member who has served as a law enforcement officer; Registered voter Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must be a former law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history City Council 34 — 51 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;College education;Must be a former law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Interview and some sort of in test Knowledge / Experience;City of Santa Ana residency; Registered voter Training;College education;Must NOT have family member who has served as a law enforcement officer;City of Santa Ana residency; Registered voter;No criminal history Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency; Registered voter;Training in police policies, current laws and regulations regarding rights of police and citizens should be offered so people could be prepared to serve competently. City of Santa Ana residency; Registered voter; Recommendation by the City Council Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer Must NOT have family member who has served as a law enforcement officer; Registered voter;No criminal history;There needs to be some type of training or onboarding process. Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Registered voter;No criminal history Must NOT have family member who has served as a law enforcement officer;City of Santa Ana residency City Council 34 — 52 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official; Registered voter;No criminal history Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council; University Degree, Masters Degree preferred, in Law, Socialogy, Human Resources and/or Criminal Justice Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;College education;Must NOT be elected official; Registered voter Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;City of Santa Ana residency Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must be a former law enforcement officer;No criminal history Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history City Council 34 — 53 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;No criminal history Knowledge / Experience;Training;College education;Must be a former law enforcement officer;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT be elected official;City of Santa Ana residency; Registered voter Training;City of Santa Ana residency; Registered voter;No criminal history It doesnt matter. They will be corrupt democrats Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;City of Santa Ana residency;No criminal history Knowledge / Experience;College education;Must be a former law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;Voted In Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must be a former law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;Citizen City Council 34 — 54 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history;Must be US Citizen Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No more than 1/3 of members may have a family member who is a law enforcement officer. Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;City of Santa Ana residency;No criminal history Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;Off probation or Parole for at least five years. No pending charges. Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency There is no qualifications for a civilian to be part of a decision making in police confidential matter for the safety of our officers and community Knowledge / Experience;College education;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history; Recommendation by the City Council Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter City Council 34 — 55 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;College education;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;City of Santa Ana residency; Registered voter;No criminal history Must NOT be elected official;City of Santa Ana residency;Advocate for Law enforcement because of increase push for anti police movement in global community City of Santa Ana residency Training;Must NOT be elected official;City of Santa Ana residency; Registered voter;No familial affiliation with active law enforcement or current city leadership Knowledge / Experience;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history Knowledge / Experience;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency City Council 34 — 56 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Training;College education;City of Santa Ana residency;No criminal history Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter;No criminal history Knowledge / Experience;Must NOT be elected official;City of Santa Ana residency Must NOT have family member who has served as a law enforcement officer;Must NOT be elected off icia1;Registered voter;No criminal history Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;City of Santa Ana residency; Registered voter;No criminal history; Recommendation by the City Council;Part of an appointed member qualification should be the completion of SAPID ride -a -longs, as well as attendance at a citizen's academy or some other sort of police procedures review. Knowledge / Experience;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency Knowledge / Experience;Training;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency; Registered voter Knowledge / Experience;Training;College education;Must NOT have family member who has served as a law enforcement officer;Must NOT be elected official;City of Santa Ana residency;No criminal history City Council 34 — 57 9/7/2021 If the City of Santa Ana were to establish a civilian police oversight mechanism (such as a Police Oversight Board/Commission), what should the qualifications be to serve as a member of it? NO debe ser funcionario/a electo;Residencia en la Ciudad de Santa Ana;JA3venes de Santa Ana NO debe ser funcionario/a electo;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana;No RecomendaciA3n del Concejo Municipal NO debe ser funcionario/a electo;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana CapacitaciA3n Conocimiento/Experiencia;CapacitaciA3n;Estudios universitarios/colegiales;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana;No antecedentes criminales Conocimiento/Experiencia;CapacitaciA3n;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana Conocimiento/Experiencia Conocimiento/Experiencia;Estudios universitarios/colegiales;No antecedentes criminales Conocimiento/Experiencia;CapacitaciA3n;Estudios universitarios/colegiales;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana;No antecedentes criminales;RecomendaciA3n del Concejo Municipal Conocimiento/Experiencia NO debe tener familiares del orden pA°blico NO debe ser funcionario/a electo;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana Conocimiento/Experiencia Conocimiento/Experiencia;CapacitaciA3n;Estudios universitarios/colegiales;NO debe tener familiares del orden pA°blico;Residencia en la Ciudad de Santa Ana;No antecedentes criminales;RecomendaciA3n del Concejo Municipal CapacitaciA3n CapacitaciA3n City Council 34 — 58 9/7/2021 Please add any comments below regarding your thoughts on police oversight. Please add any comments below regarding your thoughts on police oversight. Police oversight is crucial in light of the current climate and their established history of violence against minorities. Police need to be held accountable to the people they serve. It should not happen. DEFUND THE POLICE If someone is going to be evaluating an individuals job performance, they should have a complete understanding of what the job entails. Especially if they have the power to end that individuals career and livelihood. I oppose this because it will be a waste of resources. It will most likely turn into another useless political platform that will not decrease crime in our city or solve the real problems like transient disturbances or poverty. Adding a Civilian would jeopardize the integrity of our police dept. and officer safety! with how our society is viewing and against all law enforcement we need to protect our city officers! their service and their dedication to our city is what we need to value and protect! The City of Santa Ana needs to hold police officers accountable. Police oversight is long overdue Ideally the chief of police would be enough oversight, to ensure officers follow protocol and handle matters appropriately, and without violence if at all possible. But it's clear that this is not the case as we have seen across the country. Therefore, I am in favor of independent and unaffiliated oversight. We need to do something about the out of control police budget The police oversight committee is past due Police should not police themselves and need civilian oversite. The persistent lack of accountability for police brutality in this country makes the city of Santa Ana unsafe. A citizen oversight committee is very much needed to restore the community trust. Appreciate the survey and thanks you officers for your hard work The city need to get with the times and provide police oversight. It will save taxpayers money in costly lawsuits and is morally right. City Council 34 — 59 9/7/2021 Please add any comments below regarding your thoughts on police oversight. It's about time there was police oversight. I applied for a position with this pd and they put me under a permanent 24 hr surveillance which is a waste of taxpayers money. I have filed numerous complaints and the Santa Ana PD never does anything about this. This PD has employees stationed in my neighborhood and I live miles away from the city of Santa Ana. They use the pretext of doing background checks when in reality they are wasting taxpayers money, violating my rights and my neighbors rights to be free of unlawful harassment, intimidating innocent people, and violating HIPAA rules. It is apparent some of the Santa Ana PD employees enjoy sitting all day behind surveillance equipment wasting taxpayers money. It's time santa ana pd stopped playing around with high tech surveillance equipment and dedicated themselves to doing their job which is what is expected and what they're paid for. Santa Ana PD has not been called or even needed in my neighborhood. I am an advocate of police oversight to ensure corrupt employees are removed from their positions and replaced with employees who are actually willing to do their job. Some of the employees involved in this wasteful surveillance include Irma Vasquez, Lorenzo Carrillo, Eric Demopoulos, Marlene, Tina, a woman named Elizabeth, and a man named Scott. For the survey, perhaps further expand on the definition of the proposed community oversight. Additionally, a civilian police oversight team SHOULD work with local activist organizations. Consider a police oversight department a possibility ALONGSIDE police defunding and reallocating of resources to other public sectors including parks and recreation, arts, and education Do not defund the police This would have to be an independent department (not influenced by the PD or City Council). We oppose this and believe in our police departments€T`"s ability to carry out their duties with honor and therefor would not need to be micromanaged by such a committee. I believe that it is needed and welcomed by Santa Ana residents. It's a bad idea abandon the whole idea I think oversight is only as good as the knowledge, understanding of laws and rights, and the intentions of those serving. Working in law enforcement, one should expect to be held accountable for one's actions. However, being used as a scapegoat for political purposes or crucified because of people's ignorance serves no good purpose. The law enforcement profession will find it hard to recruit quality applicants if they fear they may be the sacrificial Iamb every time a cop somewhere in the nation screws up.. Any oversight should not be to scrutinize police or degrade them, that should be held in utmost awareness. Given the state of policing across the entire U.S., I believe it's incredibly important to have citizen oversight that includes all the powers necessary to ensure police officers are kept accountable for their actions. This is also important to counter the power that police unions often abuse to protect officers from consequences. City Council 34 — 60 9/7/2021 Please add any comments below regarding your thoughts on police oversight. Any Police oversight body should be well trained and educated on the subject matter they will review. Members should be fair, objective and free of biases and prejudice. Members should be Santa Ana stakeholders and residents, selected by the chief of police and approved by the city manager. There should also be a city policy in place to ensure the review process is fair, objective and consistent with the law and industry best practice. I think establishing such a committee would be a great benefit for those who have had bad experiences with law enforcement, having neutral parties investigating makes law enforcement accountable for their actions. I would be interested in such a committee. This is something that should have existed a long time ago Short of defunding, an oversight committee feels like the least we can do as a city to ensure that Santa Ana PD has at least some checks in place against corruption, complacency, overspending, and violence toward citizens. I think this should be taken seriously and the commission members MUST have the time available to put into doing a good job. It needs to be full time (at least to start) and there should be a good amount of training (recommended by SAPD) before any decisions are made. There should be lawyers available for consultation but NOT serving on the commission. All members should be residents of Santa Ana. The commission should be allowed to evolve with respects to what its oversight powers should be. Get the commission established and then let the committee make recommendations to the council (for final decision) as to what is needed once they have a grasp of what is required of them. It would be great if they could all be volunteers, just to be able to save some money for the city and to know that those on the committee are doing it out concern that it's done properly and not for financial reasons. Don't believe oversite necessary - - they are doing fine just the way they are. Community leaders must have their voices heard, it cannot be ex officers as the community will perceive them as biased. This is also the case for relatives of officers. It cannot be exclusive to those with degrees as the average Santa Ana resident did not attend grad school much less hold a PHD. This ought to be representative of the population, therefore using the latest census data, use the percentage of each ethnicity but don't neglect the LGTBQ+ community as they also ought to have representation. That is if the actual intent is to succeed with fair oversight of the people of the city. I would rather have a community liaison committee THAN AN OVERSIGHT COMITTE NO POLICE ON THE OVERSIGHT BOARD! City Council 34 — 61 9/7/2021 Please add any comments below regarding your thoughts on police oversight. This is a step in the right direction. Thank you for all efforts that increase the value of life for those that live, study, pray, work, visit our beautiful City of Santa Ana. The city of Santa Ana needs to defund the police. Also, the oversight commission will definitely solve the distrust between the community and law enforcementA€"you have to get to the root of the issue: law enforcement has failed to protect Santa Ana residents and abuse their power. Please take this into serious consideration. It is time to have full transparency over the police dept. I understand law enforcement and support it. I don't support the defunding movement. But I also understand that with all the recent happenings and changes, people need to see that they are being heard. So a Police Oversight would be a right step towards that direction. Thank you for the opportunity to answer your questionnaire. We must have a police oversight committee it can be a positive for the city and itHTMs residents Certainly this is a great idea to make readjustments to our police force. I believe anyone that is on the committee should not have had any negative interactions with law enforcement, nor have had family or relatives having negative interactions. They should be able to look at evidence from both civilians and officers before deciding whether to forward the complaints to a professional board who can suggest whether to proceed with the complaint or not. Necessary and long overdue. An oversight committee has been long over due in the city Santa Ana This needs to happen NOW, not tomorrow The sooner and more robustly this is brought into existence, the better. I tried to add STRONGLY AGREE AND IT WOULDN'T LET ME ON ONE OF THE Questions. Police officers need to her help accountable for their deadly and abusive actions. Make sure all records of incidents are public, make sure any leave that is in regards to abuse is not paid leave. Stop all benefits and pay until a full investigation is conducted by an outside party. Stop police brutality cover up. If officers dons€TMt stop other officers from abuse in their presence they need to be held accountable as well. Stop The POLICE BRUTALITY NOW! An oversight board can be a valuable tool that helps both the police and the residents they serve. It is important that such a board be fair to both sides by being diverse, patient, and open to discussion and dialogue. I think issues should extend beyond whether an officer did something right or wrong to what the underlying policies and training motivated such decisions. The board should have penal authority but should be viewed as a collaborative effort in order to increase cooperation among stakeholders. LetA€T`"s make the city of Santa Ana fair and great again. This should not even be controversial. This should be the standard. An agency us not ethically capable of investigating itself - inherent conflict of interest that cannot ever be overcome. Thurd party/independent oversight is a no-brainer necessity for every law enforcement office in the country. City Council 34 — 62 9/7/2021 Please add any comments below regarding your thoughts on police oversight. It's long overdue. I've observed police dealing with the public many times, in the course of my own profession. I believe that they need further training in how to deal with people with dignity and respect while still upholding the law and protecting the public from potential bad actors. But if they just want to treat everyone like criminals from the get go then they need to be rotated to another dept or field so they can get the break from the streets they need or get some mental health assistance. Also, we must acknowledge that police aren't the most suited for many of the situations that they are currently expected to respond to. We need social workers, mental health specialists people with crisis, problem solving and mediation skills who can respond to situations that are not criminal or violent in nature. As a Santa Ana resident I feel this is strongly needed in our neighborhoods. I grew up in Santa Ana and came back to live here after I got married but my parents have lived here for over 40 years. I feel that we need a lot more police presence including police involvement with the community. In our neighborhood I constantly here cars speeding by and racing. The neighborhoods are poorly lit and we hardly ever see a patrol pass by to keep an eye on the neighborhood. We really need to crack down on cars that speed through the neighborhood because there are families with small kids playing outside. We also need more vigilance to decrease the graffiti and crime. The police should work for the city and our elected officials should properly oversee. Engaging the community is fine, but they should not administer discipline We would be foolish to not understand the necessity of oversight on an institution that has horrible ties to issues such as discrimination and brutality against its citizens. Great idea to have the community participate to review and improve police officer conduct The City of Santa Ana should definitely create a police oversight committee to create accountability for the department and improve community relations. I believe it would do great help to the city! The city needs to create a oversight committee to allow community feedback and involvement. The first issue is creating a commission that isn't compromised by the police. In other countries, a different law enforcement agency must investigate. So, perhaps current or ex -FBI might be allowed on the commission. Certainly not just another local body with the same biases as the police they are overseeing. I would cast a broad net to see how this is done outside the US for instance. There's no reason we have to re -invent the wheel. Also, what role, if any, should Internal Affairs be involved? I think the concept of a registry, similar to sex offenders should be considered. Officers are given equipment to protect society, if misused, that is the highest level of betrayal and should be treated as such. City Council 34 — 63 9/7/2021 Please add any comments below regarding your thoughts on police oversight. There are many people in Santa ana that are being threatened, vandalized, robbed, are living next door to drug dealers and gangs. And they can't get justice because some of the people that are victimizing them have friends and family working in the SAPD, not just as officers but as dispatchers and non sworn employees. I think all sworn and non sworn employees should be a part of this. Police department employees are getting away with drug dealing, harassment both physical and sexual, vandalism, street racing (my neighbors have friends in dispatch that help out the street racers) and witness intimidation. Nothing is being done about it. A police oversight committee should be established in order to keep the Santa Ana Police Department accountable. As a Santa Resident establishing this committee will bring back trust within the community and how law enforcement is seen. Especially head out the youth on this problem. The city overlooks them always and it affects them more than anyone else. Fund the police we don't need more criminals we need police. If an officer get out of control get rid of them. We don't need anti police residentsvwoth no skin in the game bossing our officers to meet there woke wants. I would also recommend that a summary of each meeting being held be provided to the public. This would help build trust and true transparency. Thank you This will end up being a political minefield. It will cause more harm and division. The police oversight board should be independent, investigatory, be disciplined, have secured funding, and engage the community. The Board must be composed of representatives from communities most affected by police practices and exclude current and former cops or family members of cops, exclude current and former city employees. The Board should be able to subpoena witnesses and documents, including police disciplinary documents, video and audio footage. We desperately need police oversight. The current situation is an extremely bloated police budget that gets wasted in terrorizing poor people, while SAPD takes insane amounts of time to even respond to actual violent calls. My fiance was pulled over for a traffic stop by five cops cars in Santa Ana, so you clearly have the budget for that, but when a drugged up neighbor tried to break down the door of my childhood home, SAPD didn't show for 45 minutes. On top of that, dispatch refused to believe my fiance, telling him he "deserved" whatever anger the guy was throwing at him, and making up some weird narrative about my fiance probably knowing this guy, etc. We never met the guy before this. SAPD showed up, didn't bother making a report, and we moved shortly after. Your department is a disgrace. We know better than to bother calling cops now. We will continue working to defund the police department and redirect money elsewhere. City Council 34 — 64 9/7/2021 Please add any comments below regarding your thoughts on police oversight. It's extremely necessary. We need to hold police accountable and they cannot feel like they have all the power in our community. They should never feel comfortable. If we cannot abolish the police right now, then police oversight is the bare minimum we can do to ensure Santa Ana residents are safe from police violence and corruption. Anyone on the civilian oversight body should have no police affiliation, including being former police themselves I come often to the park with my son and therea€T""s sometimes guys next to the restroom which is scary. I come often to the park with my son and therea€'ms sometimes guys next to the restroom which is scary. Thank yaCTmall for creating this survey Mechanism must be independently funded. Funds must be protected. Members must be protected from any and all retaliatory action. Members must essentially act as a check to balance, in accordance to and in the interest of the Santa Ana residents. Police oversight should be a neutral agency that reviews unjust use of police force and over interpretation of the law to criminalize unknowing people. The ultimate goal would be to hold the police accountable when they overbreach their power. The agency should compose people highly trained in law and criminal defense. It is vital that a police oversight board be established which is independent and is representative of the communities most affected by policing issues. Independence and power are NECESSARY to make this entity meaningful, beyond just surface level performative gestures. The people most impacted by over policing should be the ones on the oversight committee. We have heard at council meeting of police knocking door to door helping in some areas and harassing people in others areas. COUNTER SURVEILLANCE is key to holding police accountable. They act right when theya€T"re being watched. DEFUND THE POLICE Members of the police oversight committee should be diverse and actually represent the population of the residents of Santa Ana. They should also include residents in neighborhoods who are most affected by police brutality and violence. It's important that outiside lobby money does not affect the decision of who serves on this committee. Police Oversight should be for the people of Santa Ana with no hidden political agenda City Council 34 — 65 9/7/2021 Please add any comments below regarding your thoughts on police oversight. Without subpoena powers, the commission would not have the ability to hold officers accountable. Without accountability there is no purpose for an oversight committee other than performative ACceactionA€. Currently officers are favored in every single a€oejusticeA€ system, the blue wall exists to shield officers from the system they enforce. We need commissions with power, or the people will continue to be disillusioned, fearful, and resentful. I also believe there should be a form of protection offered to those on the commission to deter retaliation. Undocumented residents should be able to participate as well. Their experience is unique and valuable. I think a Police oversight committee is very important. In order to garner trust from the community the committee must have real power which includes ability to subpoena, discipline and fire officers. Community policing means working in the best interest of the community and being held accountable by the community. There should always be a checks and balances within government. The POA has too many hands in too many pots when it should only be concerned with its department. A productive department would focus on the issues of our city and partner with groups that help its residents. We need to have the POA realize mental health, addictions and homelessness is a huge part and recognize that these go hand in hand. And deal with these in a different direction. Including the residents on solutions. There is a rise in crime and gang activity, with a bridge between the department and residents we could do away with it. All it takes is steps towards progress. This is necessary- too many cops are getting away with things they shouldnA€TMt ! Police oversight that is outside of police organizations is incredibly necessary. I'm glad that the City of Santa Ana is considering creating this committee. With the compromise of community safety, community well-being, and community trust currently at risk, the public oversight commission should be required to be transparent and comply with "the Brown Act" during ALL of their meetings so more of the public could participate through public comment, etc. Thank you Big mistake for the city of Santa Ana to have an oversight committee. Any one who serves in it should have no interest ties to the police otherwise it compromises their integrity. we need a police oversight community that has no affiliation with the police and law enforcement so that it is actually fair. City Council 34 — 66 9/7/2021 Please add any comments below regarding your thoughts on police oversight. A police oversight commission is pointless without real actionable powers, but these positions should be appointed based on recommendations by members of the legal system, government, and experienced individuals rather than elected. I also recommend they be nominated by these experienced individuals but that appointment ultimately remain anonymous so that there will not be undue influence, bias, or potential for corruption. I'm asking for an oversight board that meets the following criteria: 1) Independence: Board members and staff must exclude current and former City, Department, and Association employees and employees of other government entities and must include representatives from communities most affected by police practices. See FAQ below for talking points 2) Investigatory: The board must have the ability to subpoena witnesses and documents, including police disciplinary documents, video and audio footage, such as that produced by body or dash cameras, and other relevant materials. 3) Discipline: The board must have a role in officer discipline, including removal from active duty 4) Secured Funding: The boards€TMs funding must be sustainable, independent and protected. 5) Community Engagement: The board must hold regular public meetings, which must be webcast and recorded, to summarize findings and engage with community members. The board must also develop regular public reports on their work. The board itself should be accountable to the public. We need a board that is independent, investigatory, and accountable to the community directly impacted by police violence I'd like to see an independent oversight commission with subpoena power, investigative authority, disciplinary authority, and the ability to terminate officers that abuse their power or demonstrate corruption People with no formal education should NOT be excluded from being a part of this. Also, this should be open to undocumented immigrants and people with criminal records. This important oversight committee must not be a rubber stamp in anyway. Should stop the nightly illegal fireworks nightly in or at the river bed by godzil high school and the centennial park behind the condos on harbor and heil, its nightly its scary its loud inclusion of english, spanish, and vietnamese language/community representation, so as to proportionately represent the community we live in and that the safety officer police. Strongly believe it must be someone who has experience in the day to day task of a police officer. How else would they know what the job entitles first hand City Council 34 — 67 9/7/2021 Please add any comments below regarding your thoughts on police oversight. It is time that SAPID implements and independent police review board. One made up of city residents and experts on police oversight. The key is the independence. Cases cannot be reviewed solely internally. A police oversight committee only works if the committee has authority to enforce laws, discipline officers including termination, and subpoena records. All of this should be completely transparent to the public. Additionally, the cost of the committee should be covered under the already existing police budget. The police department should not get additional funding for this but should pay for it using its already exorbitant funds. This is a stupid idea that will only turn our city into the likes of Los Angels, Chicago, Detroit, etc. We need this in order to have trust in our officials and no unions getting involved to protect cops There must be regular community meetings that the public can attend. There must be power in the board to discipline and terminate officers. We desperately need a committee that is representative of Santa Ana and itA€TMS most policed communities. The oversite commission needs to be a permanent budgeted item. It would be good to have people on it that have been effected by law enforcement or have filed a complaint. I think creating this type of accountability for law enforcement will benefit all who experienced the ugliness from law enforcement when they have abused their authority of power. I believe the selection of this committee should be local members of the community such as our residence to make this committee work thoroughly, no politicians, law enforcement, no city council just the residents of Santa Ana. LetA€T'"s put an end to the cycle of abuse from our own police officers, with accountability for their actions, so we as Santaneros, Santaneras can no longer fear the police but instead work with them as a community. Thank you for this initiative. It's long overdue. I've seen it work well in other cities. It can rebuild confidence in the police force and save taxpayer money paid out in law suits. Santa Ana police need independent oversight. The board should be elected. Be fair not corrupt as your history has shown. This is an over reaction by community members to instances occurring in a number of other cities. SA has zero history of racism, aggressive enforcement etc. So why do we need this? That is what we have a cheif, city manager for....... another layer of bureacracy and more taxpayer money down the drain. it is sad that i can not use my name because of retaliation. this is the reason why the city must create and support said oversight must be a santa ana resident IA€T"'m so glad Santa Ana is doing this! It is very needed and I want to ensure that this group does not have police influence, pressure, or infiltration through money or politics. Please be sure to give the committee oversight, power, and independence from and over police leadership. Police Oversight is the City Council's job. They are looking for an out. Don't do it. City Council 34 — 68 9/7/2021 Please add any comments below regarding your thoughts on police oversight. The prerequisite to serving on oversight committee should allow for citizens who have lived in Santa Ana for 10+years, and should NOT be dictated by education level, registered voter, experience/training or criminal background. These criteria are exclusionary/elitist, especially since many of our residence do not have college education or may be undocumented and thus are not registered to vote. The only criteria should be if they are a permanent resident and have lived in the area for a substantial length of time. We need to capture the true demographics and voice of the people of this community and these exclusionary prerequisites are hindering us from doing so. Report of results Need to be able to fight against PD union and internal cover ups Irvine needs this as well maybe we can cover for them Residents of every neighborhood should be encouraged to consider serving. Some educational/training opportunity covering basic existing police policies and legal issues relative to police performance should be available to prepare candidates to serve competently. This is desperately needed in the City, the liability is too high and the $24M is only financial and doesn't factor in the long term damage to the affected parties. PD also needs to be removed from City politics. On scale 1 to 10 where 10 is better an 1is worst, give 3 to the SAPID Police abuse their power ie from speeding, running red lights, turning on their overhead lights to speed and avoid traffic just to turn them off and drive into restaurants to stopping vehicles without cause. Police oversight is crucial to curb attacks on the residents the police claim to protect. There is a reason many residents live in fear of the police. Police are not above the people nor above the law. There needs to be consequences when the public trust is betrayed. I think this is a great idea. More cities should have a civilian oversight committee to review actions by the local police. A police badge should be respected, not only by the populace but also by the individuals who wear it. Independent oversight of law enforcement is necessary to ensure that law enforcement remains true to its purpose, but the power of the police unions, and funding that it can command makes it impossible for elected officials to carry out this, as demonstrated by the recent recall election I don't know we're in a Critic of the Santa Ana Police was removed from office, in large part due to significant funding from law enforcement groups Police oversight and accountability is desperately needed. We need this Like typical America hating liberals, you all have us Santa Ana residents vulnerable to criminals by handcuffing our police. If you want the residents of Santa Ana to be safe, let our police do their job properly. Enough with the police shaming and making an impossible job even harder. Find a life you fools. somewhat of jury style review We need police oversight, we have to make sure there a€TMs accountability like in any other job . None City Council 34 — 69 9/7/2021 Please add any comments below regarding your thoughts on police oversight. If this oversight committee is established, then the city council should have one established to oversee themselves. The police have the toughest job and are always criticized no matter what they do. The very few who feel that they were not treated correctly more than likely put themselves in the predicament. Fund the police more and hire more officers. Policies of Transparency, for both the police and police oversight committee will make things easier for everyone. This is a waste of money. Focus on catching criminals, not hamstringing our police. This must be an advisory role only. No authority over terminations or discipline outside of making recommendations. Only one year terms. This avoids potential corruption and entrenchment, giving other citizens the opportunity to participate, and providing a contemporary sample of the various views held by the taxpaying and vested citizens of our city. Think this Oversight committee is a good idea. Some police officers are too strong in language, and really dons€TMt care what a city resident has to say, other officers are kind and willing to listen to what a complaint might be. Big disconnect here between some responding officers attitude and resident needs for corrective action. My experience has been - some SAPID officers want to address criminal behavior not quality of life issues.This city needs officers who will address both. Thank you. Oversight committee should be a combination of law enforcement, civilians and possibly a criminal lawyer. Civilians would not have enough experience to be effective Oversight committees. Police does not respond when called I believe police oversight is needed and the individuals who serve in this committee should have the ability to separate personal biases. This committee should not be used to retaliate against law enforcement, but one that collaborates and works along residents and law enforcement. In addition it should be used to find gaps within LEAs. Gaps referring to legitimate needs of residents not preferences. Should include how sapd receives and spends funds A civilian should not have or partake in any oversight on police matters. We need to protect the integrity safety out Police Department and officers!! We want real accountability with real consequences for breaking laws and protocol Again. Please do not waste tax payer money on this. Concemtrate on fixing the streets. getting rid off the homeless situation. Stop being a sanctuary citya€"this only protects criminals. I could go on and on. City Council 34 — 70 9/7/2021 Please add any comments below regarding your thoughts on police oversight. I attended a patriotic rally in Santa Ana that turned violent when thugs, who brandished brass knuckles, attacked the peaceful rally attendees. The attendees included women and children. The Santa Ana Police Department conducted itself with professionalism. It promptly ended the violence that was orchestrated by the perpetrators and ensured that all attendees were able to safely leave the event by escorting them to theirs cars. Outstanding officers! An oversight committee would only serve to debilitate the SAPD6CT11 s efforts to keep the Santa Ana community safe. A committee would also be a waste of taxpayer dollars. Stop impeding the citya€T"^s law enforcement capabilities with anti -police rhetoric. This a€ceoversighta€ seems to be agenda -driven to demoralize the SAPD, rather than to protect the community. Thank you. There should be an oversight made up of Santa Ana residents with no influences by city council or law enforcement. We need Police oversight asap. We need results and accountability Working with several law enforcement agencies across the State, including most of all OC local law enforcement, I have encountered SAPID to be one of the most kind, caring, professional and understanding forces. SAPID does not have the same issues as other Local PDs around the country. We need to support both community and SAPID and focus on collaboration. I want to continue to be comfortable to call PD when I see a crime and also receive unexpected help from them when I am having trouble changing my car tire or catching my dog who ran off on me. SAPID is not only LE but also part of the community. Outside organizations have no right to manipulate the city when they themselves have never sat down and had a genuine conversation without an ulterior motives. Commissions are excellent ways to waste and hide money. That being said a citizen run, odd -numbered, and financially conservative committee may provide a good intermediary between public complaints and police affairs. In order for the committee to be effective it needs powers to discipline, but should not have the power to terminate employment. That power should be held exclusively by police and city leadership. Should not be nominated by the Council; as elected officials are allowed to receive campaign contributions from organizations like the POA. Which would in turn create a bias. We need a system of checks and balances! The oversight committee should be completely independent with absolutely no familial or business ties to the police Any organization forms its own culture, which is often a good thing, but can become insidious and in the case of police can create a sense that they have rights to do whatever. An oversight committee or council makes it more important for them to remember that they are here to protect the public and to keep it safe. TELL OFFICERS TO STOP FLASHING THEIR SPOT LIGHTS AT RANDOM CARS DRIVING PAST THEM. ALMOST CRASHED BECAUSE OF IT City Council 34 — 71 9/7/2021 Please add any comments below regarding your thoughts on police oversight. I think community involvement is essential to police -community relations. I am cautious about recommending that any commission or board have any say or oversight into actual police practices unless they have some prior exposure and a working understanding of what the SAPID faces on a daily basis. It is easy to sit in an armchair and make judgements. It's entirely different to be out in the community having to deal with the very diverse community challenges we face today, and really understand what SAPD has to deal with... and THEN make informed decisions. Any member who sits on a police review board should have a good understanding of police practices and procedures. Otherwise, how could they effectively know or review anything. Lastly, I would be very cautious of listening to anyone who carries an agenda, and is pushing this police oversight reform, regardless of their credentials. A recent news article touted a local community member as a former Berkeley Police Review commissioner. That in and of itself is not necessarily notable. But if one were to dive deeper into the facts of that individual's tenure in Berkeley, a different image may appear. Listen to the people who know, and not to fringe special interest. Best of luck. I think a police oversight board or commission would help foster trust between the community and the Santa Ana Police Department. It would be a great community engagement tool for the City of Santa Ana and the police department. Great survey! The staff that made this must be pretty good! Necesitamos un proceso de rendimiento de cuentas cuando oficiales abusan su poder, pero que no sea del mismo departamento de policA-a que los protege. Por favor on dejen que esto caiga en oidos vacios Mas supervisiA3n en lugares con mayor delincuencia Seria exelente idea La Supervision de Santa Ana debe imponer disciplina, que puede incluir el despido Burn idea que hagan eso Pies a mi si me parese bien todo liqueur are la polecia City Council 34 — 72 9/7/2021 Planning and Building Agency www.santa-ana.org/pb i Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Housing Opportunity Ordinance AGENDA TITLE: Summary of City Council Policy Direction Received on July 26, 2021, and the Corresponding Proposed Amendments to the Housing Opportunity Ordinance RECOMMENDED ACTION Receive staff presentation and summary of the City Council policy direction received on July 26, 2021, and provide direction regarding the proposed amendments to the Housing Opportunity Ordinance. DISCUSSION On July 6, 2021, the City Council received a progress report from the Housing Ad Hoc Committee and discussed the Committee's recommended amendments to the Housing Opportunity Ordinance (HOO). On July 26, 2021, City Council conducted a work study session to receive input from the community and stakeholders. Following the work study session, City Council provided direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. Following this direction, staff has summarized and incorporated the City Council's policy amendments to the HOO. The summary of proposed amendments to the HOO are provided below followed by an analysis and options for implementing a sliding scale in - lieu fee structure when coupled with the requirement to use a skilled and trained workforce. Summary of City Council Policy Direction Regarding the Housing Opportunity Ordinance Three members of the City Council are generally supportive of maintaining the existing HOO regulations and policies. Among their points of discussion, the three members share consensus that they would like to see staff develop a reasonable sliding scale incentivizing the employment of a skilled and trained workforce (STW) by a developer opting for the in -lieu fee payment option. City Council 35 — 1 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 2 Balancing this policy direction, the remaining majority of the City Council was supportive of the Housing Ad Hoc Committee recommendations to amend the HOO. Staff identified consensus by the majority members to further evaluate the following policies: • Require a mandatory skilled and trained workforce to create a living wage for projects that trigger the HOO or that receive funding from the inclusionary housing fund. • Develop a sliding scale for the in -lieu fee for projects that incorporate a skilled and trained workforce. • Incorporate local hire requirements. • Prioritize production of housing for large families. • Prioritize down payment assistance. • Add rental protections for tenants. • Address displacement and protection. Table 1 below is a summary and description of the draft amendments to the HOO which incorporates the recommendations of the Housing Ad Hoc Committee as well as the policy direction received from the City Council on July 6t" and July 26t". The draft HOO is attached as Exhibit 1 in red line and clean format with the amendments summarized below. Table 1: Summary of Amendments Code Section Subject City Council Recommendations Title Update Title: The updated title will provide clarity and 2021 Affordable distinction from prior versions of the Housing Opportunity & ordinance. Creation Ordinance 41-1901 Definition: The provisions for "Entitled Residential Deletes "Entitled Projects" and "Prior Projects" no longer Residential Project" and apply after October 1, 2021. "Prior Project" definition 41-1902 Applicability: This section is amended to revert the Establishes new language to the previous HOO before it standards for projects was previously amended in October that need to comply 2020. The HOO would apply to projects with the ordinance that will require a zone change or general plan amendment, including city initiated zone changes and general plan amendments since November 28, 2011. The current ordinance only applies to projects that are requesting City Council 35 — 2 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 3 41-1903 Exempt Projects: Clarifies which projects are not subject to the ordinance 41-1904 In -Lieu Fee Option: Revises the in -lieu fee and changes the timing of payment an increase in the density permitted by the General Plan. Pending City Council direction, this section will also be amended with one of two options for applicability of the Ordinance between projects that have received entitlement approvals and projects that been issued a building permit/paid the HOO in -lieu fee. In an effort to incentivize the construction of extremely low-income units the amendment also adds a percentage of rental units that may be built on -site for extremely low-income households equal to 5 percent of the total number of units. This section is amended to delete the language regarding applications deemed complete prior to November 28, 2011 and further clarify the exclusions to the HOO that may be agreed upon by City Council in a development agreement. This section is amended to increase the in -lieu fee from $5 per habitable square foot to $15 per habitable square foot. This section also removes the incentive for "Entitled Residential Projects" to obtain building permits during the current economic climate. The provision for "Entitled Residential Projects" no longer applies after October 1, 2021. The amendments also extend the timing of payment from issuance of the building permit to issuance of the certificate of occupancy, allowing a developer the oation to aav after the oroiect is City Council 35 — 3 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 4 developed in order to make the larger fee more reasonable. 41-1904 (c)(ii) Skilled and Trained This section is amended to incorporate Workforce and Sliding a skilled and trained workforce 41-1909(a)(5) In -Lieu Fee Schedule: requirement and a sliding scale for the Incorporates a skilled payment of an in -lieu fee pending City and trained workforce Council direction. requirement and a local hire requirement The amendment also incorporates a local hire requirement where a developer of 20 or more housing units must ensure a minimum 30% local hire. 41-1906 Standards: This section is amended to require units Revised the term of for sale and rental units that are built on - affordability for site to be affordable in perpetuity as an ownership and rental enhancement. units on -site 41-1909 Inclusionary Housing This section is amended to further clarify Fund: Clarifies the use the use of in -lieu fees paid to the City. It of the in -lieu fees provides the Community Development collected Agency with a priority for the use of the funds for large families and allows the funds to be used for additional one-time programs addressing housing security, eviction prevention, and housing legal assistance for city residents. This section is also amended to require projects that receive inclusionary housing funds to have a skilled and trained workforce and a minimum 30% local hire. 41-1910 In -lieu fee calculation: This section is amended to provide for Provides for periodic periodic review of the in -lieu fee when review at the option of determined to be appropriate by the City the City Council; Council. The amendment also deletes deletes "Prior Projects" the paragraph on "Prior projects" since it is no longer applicable. City Council 35 — 4 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 5 Regarding the other policy areas that were discussed by City Council, these policy areas were also discussed by the Housing Ad Hoc Committee and will be addressed as follows: • Prioritize production of housing for large families: o The summary of amendments to the HOO under Sec. 41-1909(a)(1) includes a priority on the creation of new affordable housing opportunities for large families currently living in the City. • Prioritize down payment assistance. o The Inclusionary Housing Fund eligible activities has already been modified as part of the October 2020 update to include down payment assistance to enable moderate - income families at 120% of the Area Median Income to purchase a home. • Add rental protections for tenants. o This is a policy area that is under review by the Housing Ad Hoc Committee. • Address displacement and protection. o This is a policy area that is under review by the Housing Ad Hoc Committee Regulatory Applicability and Vesting This issue was raised at the July 26t" study session and staff are seeking direction from City Council on the applicability of the proposed amendments to the HOO and the vesting trigger. This issue is most critical during the initial implementation of the amended Ordinance to serve as a cut-off threshold and provide clarity for development project proposals currently undergoing the development approval process with the City. One option is to apply the amended HOO policies to projects that have not yet received final entitlement approvals from the City Council. Alternatively, another option is to apply the amended HOO policies to projects that have not vested their entitlements by obtaining a building permit or have not paid the HOO in -lieu fee payment as of the effective date of the Ordinance. Both vesting options meet legal standards and are commonly practiced by local governments when implementing new regulations and policies effecting land use and development issues. As requested by the City Council, staff have provided maps showing the current HOO and how the amended HOO will apply to various areas of the City (Exhibit 2). Analvsis of Skilled and Trained Workforce and Slidina Scale for In -Lieu Fee The consensus from the City Council is to evaluate and implement a mandatory skilled and trained workforce requirement to create a living wage for projects that trigger the HOO and develop a sliding scale for the in -lieu fee for projects that incorporate a skilled and trained workforce. To analyze this policy area, staff reached out to three developers (two market -rate and one affordable), The Building Industry Association (BIA) of Southern California, and three labor unions to request data on the financial impact of a requirement to use a skilled and trained workforce. As part of that outreach, staff requested data to provide an understanding of the impacts and to facilitate the development of a sliding scale option of the in -lieu fee amount if a developer provides an enforceable commitment to use a STW. The BIA indicated that their members typically do not share this information; the labor organizations representing the various construction trades in City Council 35 — 5 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 6 Orange County are not privy to project level financial data; and the development community indicated this type of data was confidential and therefore did not share it. Staff met with the local labor unions at their request and received input regarding the STW and the various benefits that it will bring to the City and residents. This meeting included the Building and Construction Trades Council, Local 652 of the Laborers' International Union of North America based in Santa Ana, Local 441 of the International Brotherhood of Electrical Workers, Local Union 105, and the Southwest Regional Council of Carpenters (collectively referred to as the building trade labor unions). The labor unions recognize that there is a cost increase when using a skilled and trained workforce and contend that the waterfall of benefits are tangible and address the core of the affordable housing crisis. An employee earning a living wage with employment benefits can attain decent housing and a higher quality of life. Other key benefits include a reliable and stable workforce, reduced public reliance on government assistance programs, higher efficiency from a trained employee, a career pathway to the various construction trades, promote regional jobs -housing balance, promote environmental benefits from reduced vehicle miles traveled, local pride of working on a project developed in Santa Ana, and many other social and economic benefits. The labor unions also expressed support for a sliding scale approach to incentivize the use of a STW. Staff also met with the BIA and received feedback that the proposed $15 per square foot cannot be absorbed by a project. While no specific data were provided by the BIA regarding the cost differential using STW, the verbal indication is a STW requirement will significantly impact the feasibility of constructing a project in the City. As an alternative data source to this outreach, staff obtained data from the Terner Center for Housing at the University of California, Berkeley (Terner Center).According to a study, "The Hard Costs of Construction", completed in March of 2020 by the Terner Center, hard construction costs per square foot from 2008 to 2018 generally fluctuated between $177 to $222 per square foot. Hard construction costs include materials and labor only where materials make up approximately 85% of the hard construction costs and labor makes up the remaining 15%. The study also found that prevailing wage requirements are associated with higher hard costs and on the average, add $30 or more per square foot than those without. While prevailing wage requirements do not have the exact same stringent requirements as a STW represented by a labor organization, they share similar labor monitoring and wage requirements and characteristics. Depending on the per square foot total indicated in the study, the addition of a $30 per square foot in labor, increases the hard construction costs of a project on the average between 14% to 17%. Anecdotally, verbal feedback received from the development community indicates the average per square foot hard construction costs for a residential project range between $130 and $250 depending on construction and housing type and the inclusion of a STW requirement would increase their estimated cost per square foot approximately 15% to 20%. The labor union and BIA representatives all acknowledged the percentage increase in costs and the information that staff had gathered from the research. City Council 35 — 6 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 7 Blending the above information collectively, it is reasonable to conservatively estimate that the financial impact of a STW requirement on a residential project opting to pay the in -lieu fee would be approximately 15% or higher of the hard construction costs. Table 2 below shows the estimated total increase to a project's hard construction costs when combining a STW requirement with the HOO in -lieu fee at $5 and $15 per square foot. On July 6, 2021, City Council received a progress report from the Housing Ad Hoc Committee and discussed the Committee's recommended amendments to the Housing Opportunity Ordinance. On July 26, 2021, City Council conducted a work study session to receive input from the community and stakeholders. Following the work study session, City Council provided direction to staff regarding proposed amendments to the Housing Opportunity Ordinance (HOO). Following this direction, staff have summarized and incorporated City Council's policy amendments to the HOO. The summary of proposed amendments to the HOO are provided below followed by an analysis and options for implementing a sliding scale in - lieu fee structure when coupled with the requirement to use a skilled and trained workforce. Summary of City Council Policy Direction Regarding the Housing Opportunity Ordinance Three members of the City Council are generally supportive of maintaining the existing HOO regulations and policies. Among their points of discussion, the three members share consensus that they would like to see staff develop a reasonable sliding scale incentivizing the employment of a skilled and trained workforce (STW) by a developer opting for the in -lieu fee payment option. Balancing this policy direction, the remaining majority of the City Council was supportive of the Housing Ad Hoc Committee recommendations to amend the HOO. Staff identified consensus by the majority members to further evaluate the following policies: • Require a mandatory skilled and trained workforce to create a living wage for projects that trigger the HOO or that receive funding from the inclusionary housing fund. • Develop a sliding scale for the in -lieu fee for projects that incorporate a skilled and trained workforce. • Incorporate local hire requirements. • Prioritize production of housing for large families. • Prioritize down payment assistance. • Add rental protections for tenants. • Address displacement and protection. Table 1 below is a summary and description of the draft amendments to the HOO which incorporates the recommendations of the Housing Ad Hoc Committee as well as the policy direction received from the City Council on July 6t" and July 26t". The draft HOO City Council 35 — 7 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 8 is attached as Exhibit 1 in red line and clean format with the amendments summarized below. Table 1: Summary of Amendments Code Section Subject City Council Recommendations Title Update Title: The updated title will provide clarity and 2021 AFFORDABLE distinction from prior versions of the HOUSING ordinance. OPPORTUNITY & CREATION ORDINANCE 41-1901 Definition: The provisions for "Entitled Residential Deletes "Entitled Projects" and "Prior Projects" no longer Residential Project" and apply after October 1, 2021. "Prior Project" definition 41-1902 Applicability: This section is amended to revert the Establishes new language to the previous HOO before it standards for projects was previously amended in October that need to comply with 2020. The HOO would apply to projects the ordinance that will require a zone change or general plan amendment, including city initiated zone changes and general plan amendments since November 28, 2011. The current ordinance only applies to projects that are requesting an increase in the density permitted by the General Plan. Pending City Council direction, this section will also be amended with one of two options for applicability of the Ordinance between projects that have received entitlement approvals and projects that been issued a building permit/paid the HOO in -lieu fee. In an effort to incentivize the construction of extremely low-income units the amendment also adds a percentage of rental units that may be City Council 35 — 8 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 9 built on -site for extremely low-income households equal to 5 percent of the total number of units. 41-1903 Exempt Projects: This section is amended to delete the Clarifies which projects language regarding applications are not subject to the deemed complete prior to November ordinance 28, 2011 and further clarify the exclusions to the HOO that may be agreed upon by City Council in a development agreement. 41-1904 In -Lieu Fee Option: This section is amended to increase the Revises the in -lieu fee in -lieu fee from $5 per habitable square and changes the timing foot to $15 per habitable square foot. of payment This section also removes the incentive for "Entitled Residential Projects" to obtain building permits during the current economic climate. The provision for "Entitled Residential Projects" no longer applies after October 1, 2021. The amendments also extend the timing of payment from issuance of the building permit to issuance of the certificate of occupancy, allowing a developer the option to pay after the project is developed in order to make the larger fee more reasonable. 41-1904 (c)(ii) Skilled and Trained This section is amended to incorporate Workforce and Sliding a skilled and trained workforce 41-1909(a)(5) In -Lieu Fee Schedule: requirement and a sliding scale for the Incorporates a skilled payment of an in -lieu fee pending City and trained workforce Council direction. requirement and a local hire requirement The amendment also incorporates a local hire requirement where a developer of 20 or more housing units must ensure a minimum 30% local hire. City Council 35 — 9 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 10 41-1906 Standards: Revised the term of affordability for ownership and rental units on -site This section is amended to require units for sale and rental units that are built on - site to be affordable in perpetuity as an enhancement. 41-1909 Inclusionary Housing This section is amended to further Fund: Clarifies the use clarify the use of in -lieu fees paid to the of the in -lieu fees City. It provides the Community collected Development Agency with a priority for the use of the funds for large families and allows the funds to be used for additional one-time programs addressing housing security, eviction prevention, and housing legal assistance for city residents. This section is also amended to require projects that receive inclusionary housing funds to have a skilled and trained workforce and a minimum 30% local hire. 41-1910 In -lieu fee calculation: This section is amended to provide for Provides for periodic periodic review of the in -lieu fee when review at the option of determined to be appropriate by the City the City Council; deletes Council. The amendment also deletes "Prior Projects" the paragraph on "Prior projects" since it is no longer applicable. Regarding the other policy areas that were discussed by City Council, these policy areas were also discussed by the Housing Ad Hoc Committee and will be addressed as follows: • Prioritize production of housing for large families: o The summary of amendments to the HOO under Sec. 41-1909(a)(1) includes a priority on the creation of new affordable housing opportunities for large families currently living in the City. • Prioritize down payment assistance. o The Inclusionary Housing Fund eligible activities has already been modified as part of the October 2020 update to include down payment assistance to enable moderate - income families at 120% of the Area Median Income to purchase a home. • Add rental protections for tenants. o This is a policy area that is under review by the Housing Ad Hoc Committee. • Address displacement and protection. City Council 35 — 10 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 11 o This is a policy area that is under review by the Housing Ad Hoc Committee. Regulatory Applicability and Vesting This issue was raised at the July 26t" study session and staff are seeking direction from City Council on the applicability of the proposed amendments to the HOO and the vesting trigger. This issue is most critical during the initial implementation of the amended Ordinance to serve as a cut-off threshold and provide clarity for development project proposals currently undergoing the development approval process with the City. One option is to apply the amended HOO policies to projects that have not yet received final entitlement approvals from the City Council. Alternatively, another option is to apply the amended HOO policies to projects that have not vested their entitlements by obtaining a building permit or have not paid the HOO in -lieu fee payment as of the effective date of the Ordinance. Both vesting options meet legal standards and are commonly practiced by local governments when implementing new regulations and policies effecting land use and development issues. As requested by the City Council, staff have provided maps showing the current HOO and how the amended HOO will apply to various areas of the City (Exhibit 2). Analysis of Skilled and Trained Workforce and Sliding Scale for In -Lieu Fee The consensus from the City Council is to evaluate and implement a mandatory skilled and trained workforce requirement to create a living wage for projects that trigger the HOO and develop a sliding scale for the in -lieu fee for projects that incorporate a skilled and trained workforce. To analyze this policy area, staff reached out to three developers (two market -rate and one affordable), The Building Industry Association (BIA) of Southern California, and three labor unions to request data on the financial impact of a requirement to use a skilled and trained workforce. As part of that outreach, staff requested data to provide an understanding of the impacts and to facilitate the development of a sliding scale option of the in -lieu fee amount if a developer provides an enforceable commitment to use a STW. The BIA indicated that their members typically do not share this information; the labor organizations representing the various construction trades in Orange County are not privy to project level financial data; and the development community indicated this type of data was confidential and therefore did not share it. Staff met with the local labor unions at their request and received input regarding the STW and the various benefits that it will bring to the City and residents. This meeting included the Building and Construction Trades Council, Local 652 of the Laborers' International Union of North America based in Santa Ana, Local 441 of the International Brotherhood of Electrical Workers, Local Union 105, and the Southwest Regional Council of Carpenters (collectively referred to as the building trade labor unions). The labor unions recognize that there is a cost increase when using a skilled and trained workforce and contend that the waterfall of benefits are tangible and address the core of the affordable housing crisis. An employee earning a living wage with employment benefits can attain decent housing and a higher quality of life. Other key benefits include a reliable City Council 35 — 11 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 12 and stable workforce, reduced public reliance on government assistance programs, higher efficiency from a trained employee, a career pathway to the various construction trades, promote regional jobs -housing balance, promote environmental benefits from reduced vehicle miles traveled, local pride of working on a project developed in Santa Ana, and many other social and economic benefits. The labor unions also expressed support for a sliding scale approach to incentivize the use of a STW. Staff also met with the BIA and received feedback that the proposed $15 per square foot cannot be absorbed by a project. While no specific data were provided by the BIA regarding the cost differential using STW, the verbal indication is a STW requirement will significantly impact the feasibility of constructing a project in the City. As an alternative data source to this outreach, staff obtained data from the Terner Center for Housing and Innovation at the University of California, Berkeley (Terner Center). According to a study, "The Hard Costs of Construction", completed in March of 2020 by the Terner Center, hard construction costs per square foot from 2008 to 2018 generally fluctuated between $177 to $222 per square foot. Hard construction costs include materials and labor only where materials make up approximately 85% of the hard construction costs and labor makes up the remaining 15%. The study also found that prevailing wage requirements are associated with higher hard costs and on the average, add $30 or more per square foot than those without. While prevailing wage requirements do not have the exact same stringent requirements as a STW represented by a labor organization, they share similar labor monitoring and wage requirements and characteristics. Depending on the per square foot total indicated in the study, the addition of a $30 per square foot in labor, increases the hard construction costs of a project on the average between 14% to 17%. Anecdotally, verbal feedback received from the development community indicates the average per square foot hard construction costs for a residential project range between $130 and $250 depending on construction and housing type and the inclusion of a STW requirement would increase their estimated cost per square foot approximately 15% to 20%. The labor union and BIA representatives all acknowledged the percentage increase in costs and the information that staff had gathered from the research. Blending the above information collectively, it is reasonable to conservatively estimate that the financial impact of a STW requirement on a residential project opting to pay the in -lieu fee would be approximately 15% or higher of the hard construction costs. Table 2 below shows the estimated total increase to a project's hard construction costs when combining a STW requirement with the HOO in -lieu fee at $5 and $15 per square foot. City Council 35 — 12 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 13 Table 2: Estimated Financial Impact of Skilled and Trained Workforce Requirement Range of Per Range of Percentage of Square Foot Range of STW at HOO In -Lieu Financial Increase on Cost of Labor 5% Per Square Foot Fee Per Hard Construction and Materials Square Foot Costs Without STW (STW + HOO) $15 21 % - 27% $130 - $250 $19.50 - $37.50 $5 17% - 19% As shown in the table above, the conservative estimated impact of including a skilled and trained workforce requirement ranges between $19.50 and $37.50 per square foot of hard construction costs. When combined with the HOO per square foot fee at $5 or $15, the two amounts increase hard construction costs between 17 to 27 percent depending on the project's baseline hard costs. Using the lowest estimates, even reducing the HOO in - lieu fee to $0 will not fully offset the estimated amounts. Given benefits such as living wages, a better quality of life for residents who work on the projects, a stable workforce, and other social and economic benefit information shared by the labor unions, the City Council may want to consider a sliding scale for the in -lieu fee wherein projects with 20 or more units provide an enforceable commitment to use a skilled and trained workforce would pay the current fee of $5 per square foot and projects that do not agree to an enforceable commitment will pay the $15 per square foot or an amount in between as determined appropriate by the City Council. The requirement to incorporate a STW would not apply to projects with less than 20 units as it will be challenging for small projects to meet the additional requirements. Similarly, the City Council can also consider a requirement for projects with an enforceable STW commitment to include a local hire requirement. A development with an enforceable STW commitment will be able to negotiate and rely upon the STW labor organizations to draw from the local labor pool. Next Steps If the City Council desires to move forward with these proposed amendments to the HOO, it is feasible to complete the final drafting of the ordinance and initiate the ordinance adoption process within 30 to 45 days upon receiving final direction. Following approval of the amendments to the HOO, the Housing Ad Hoc Committee will reconvene and continue to discuss the remaining topics below and may return in the future with recommendations for each topic: a. Rent stabilization/rent control b. Rental protections for tenants City Council 35 — 13 9/7/2021 Housing Opportunity Ordinance September 7, 2021 Page 14 c. Just cause eviction policies d. Tenant displacement and protection policies ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with initial direction from City Council. However, the future City Council action to accept some of the recommendations would have an impact on program revenue. EXHIBIT(S) 1. Proposed Amendments to the HOO for Discussion 2. HOO Maps Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 35 — 14 9/7/2021 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-1900, 41-1901, 41-1902, 41-1903, 41-1904, 41-1906, 41-1909, AND 41- 1910 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as Article XVIII.1 of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize more affordable housing production on -site in conjunction with new market rate housing development. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. In early 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability Ordinance No. NS-XXX Page 1 of 14 City Council 35 — 15 9/7/2021 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. G. On , 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments. H. The Request for City Council Action for this ordinance dated , 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 3. The title of Article XVIII.1 of Chapter 41 of the Santa Ana Municipal Code is amended to read in its entirety as follows: 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE Section 4. Section 41-1900 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1900. - Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership. Section 5. Section 41-1901 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1901. - Definitions. Ordinance No. NS-XXX Page 2 of 14 City Council 35 — 16 9/7/2021 As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three -bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Ordinance No. NS-XXX Page 3 of 14 City Council 35 — 17 9/7/2021 Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate -income households, at an affordable housing cost, in compliance with this article. Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as - needed basis, as a priority area for rehabilitation due to health and safety concerns. Ordinance No. NS-XXX Page 4 of 14 City Council 35 — 18 9/7/2021 Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Section 6. Section 41-1902 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1902. - Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units which has not [OPTIONS: a) received entitlement approval or, b) been issued a building permit or paid the in -lieu fee] as of [insert effective date], including new construction, and condominium conversions which meets one or all of the following applicability thresholds: (1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011. (3) Increase of the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zoning classification at the time of application. (4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter. (5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten (10) percent of the total number of units in the project shall be sold to moderate -income households. Ordinance No. NS-XXX Page 5 of 14 City Council 35 — 19 9/7/2021 (d) Rental units. If the new residential project consists of rental units, then a minimum of fifteen (15) percent of the units shall be rented to low-income households, ten (10) percent rented to very low-income households, or five (5) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of very low and/or low-income household(s) shall be required to provide on -site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Section 7. Section 41-1903 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1903. - Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in -lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in -lieu fee amount, to satisfy the inclusionary units from that specified by this article. (b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.I I - Adaptive Reuse. Ordinance No. NS-XXX Page 6 of 14 City Council 35 — 20 9/7/2021 Section 8. Section 41-1904 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1904. - Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. 1. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum -total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. 2. Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. 3. Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in - lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule as shown below in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. Ordinance No. NS-XXX Page 7 of 14 City Council 35 — 21 9/7/2021 This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units Fee Per Square Foot of Habitable Area 5-9 $6.00 10 — 14 $9.00 15 — 19 $12.00 20 or more $15.00 (ii) Skilled and Trained Workforce Fee Reduction and Local Hire Requirements. A developer of a project consisting of 20 or more residential lots or units that selects the in -lieu fee payment option and provides a negotiated enforceable commitment that the developer will use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project shall pay a reduced fee of $5 (five) per square -foot as the in -lieu fee for the project. The negotiated enforceable commitment shall also ensure a minimum of 30% of all work - hours for the project be performed in accordance with local hire policies approved by the City Council. (2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. The developer shall pay all in -lieu fees allowed by this section for the entire project prior to issuance of the first occupancy approval for any construction which adds net residential units. The in -lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. Section 9. Section 41-1906 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1906. - Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; Ordinance No. NS-XXX Page 8 of 14 City Council 35 — 22 9/7/2021 (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off - site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either ten (10) percent for very low income or fifteen (15) percent for low income inclusionary units. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. Ordinance No. NS-XXX Page 9 of 14 City Council 35 — 23 9/7/2021 (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost in perpetuity. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner -occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost in perpetuity. Ordinance No. NS-XXX Page 10 of 14 City Council 35 — 24 9/7/2021 (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. (1) The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. (2) No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Section 10. Section 41-1909 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1909. - Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from Ordinance No. NS-XXX Page 11 of 14 City Council 35 — 25 9/7/2021 other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of new affordable housing opportunities for large families currently living in the City. Other eligible uses of the inclusionary housing fund include but are not limited to: (i) Creating affordable units from the existing market rate housing stock including but not limited to, the purchase and rehabilitation of units. (ii) Funding one-time programs for code enforcement, quality of life, and general health and safety activities. (iii) Implementing and promoting programs addressing housing security, eviction prevention, and housing legal assistance for city residents. (iv) Funding reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co -investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund shall provide a negotiated enforceable commitment that the developer will use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete Ordinance No. NS-XXX Page 12 of 14 City Council 35 — 26 9/7/2021 the construction of the project. The negotiated enforceable commitment shall also ensure a minimum of 30% of all work -hours for the project be performed in accordance with local hire policies approved by the City Council. Section 11. Section 41-1910 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1910. - Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in -lieu fee shall be subject to city council review and consideration. (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (d) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 13. This Ordinance shall become effective thirty (30) days after its adoption. Ordinance No. NS-XXX Page 13 of 14 City Council 35 — 27 9/7/2021 Section 14. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney -31 John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: ABSTAIN NOT PRESENT Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 14 of 14 City Council 35 — 28 9/7/2021 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-1900, 41-1901, 41-1902, 41-1903, 41-1904, 41-1906, 41-1909, AND 41- 1910 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as Article XVIII.1 of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize more affordable housing production on -site in conjunction with new market rate housing development. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. In early 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability Ordinance No. NS-XXX Page 1 of 16 City Council 35 — 29 9/7/2021 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7. 2021. the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. 9G. On , 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments. GH. The Request for City Council Action for this ordinance dated , 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 3. The title of Article XVIII.1 of Chapter 41 of the Santa Ana Municipal Code is amended to read in its entirety as follows: 2021 AFFORDABI HOUSING OPPORTUNITY AND CREATION ORDINANCE Section 4. Section 41-1900 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1900. - Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan zoning classification, or the conversion of rental units to condominium ownership. Section 5. Section 41-1901 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1901. - Definitions. Ordinance No. NS-XXX Page 2 of 16 City Council 35 — 30 9/7/2021 As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three -bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Ordinance No. NS-XXX Page 3 of 16 City Council 35 — 31 9/7/2021 Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low. very low, low, or mnclarc3fin Impnminmoderate-income households, at an affordable housing cost, in compliance with this article. Low-income units very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low_=im�--very lows, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or Ordinance No. NS-XXX Page 4 of 16 City Council 35 — 32 9/7/2021 The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as - needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Section 6. Section 41-1902 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1902. - Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of y==five (205) or more residential lots or residential units which has not [OPTIONS: a) received entitlement approval or, bl been issued a building permit or paid the in -lieu feel was of [insert effective date, including new construction, and condominium conversions which meets one or all of the applicability thresholds: (1) A change in use to allow for residential or that exceeds the general Ian or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (21 Implementation _r the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated aeneral plan amendments after November 28, 2011. Ordinance No. NS-XXX Page 5 of 16 City Council 35 — 33 9/7/2021 ') 3�Increase of the permitted percentage of residential development allowed for amixed-use development above the percentage at thin time of thin applipatonn The permitted under the zoning classification at the time of application. 4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of th' apter. (5) Conversion oft rental units to condominium ownership. b) Applications. The inclusionary requirements shall only apply to the incremental ' units beyond that which is allowed by the as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten (10) percent of the total number of units in the project shall be sold to moderate -income households. (d) Rental units. If the new residential project consists of rental units, then a minimum of fifteen (15) percent of the units shall be rented to low-income households, ten (10) percent rented to very low-income households or five (5) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of very low and/or low-income household(s) shall be required to provide on -site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Section 7, Section 41-1903 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1903. - Exempt projects. Ordinance No. NS-XXX Page 6 of 16 City Council 35 — 34 9/7/2021 The following are exempt from the requirements of this article: (ab) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article of, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in —lieu fee provisions of this ordinancesuch as the timing of payment or the point in time for determining the applicable in —lieu fee amount, to satisfy the inclusionary units from that specified by this article, (b€) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (cd) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.I I - Adaptive Reuse. Section 8. Section 41-1904 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1904. - Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-41902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. 1. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units Ordinance No. NS-XXX Page 7 of 16 City Council 35 — 35 9/7/2021 must be the same as the sum -total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. 2. Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. 3. Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (,2_QJ or more units. For aA residential project comprised of five (51 or more fent residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule as shown below in section 41-1904(c)(1)(i) multiplied by fig the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units Fee Per Square Foot of Habitable Area 5-9 6.00 10 — 14 $a.00 15 — 19 &12.00 20 or more a15.00 (ii) Skilled and Trained Workforce Fee Reduction and Local Hire Requirements. A developer of a project consisting of 20 or more residential lots or units that its the selects the in -lieu fee payment option and provides a negotiated enforceable commitment that the developer- will use a "Skilled Ordinance No. NS-XXX Page 8 of 16 City Council 35 — 36 9/7/2021 and Trained Workforce" as defined in Public Contract Code §Asection 2601 to complete the construction of the project shall pay a reduced fee of $5 (five) per square -foot as the in -lieu fee for the project. The negotiated enforceable commitment shall also ensure a minimum of 30% of all work -hours for the project be performed in accordance with local hire policies approved by the City Council. (2) Timing of payment. The total fee amount for the entirety of a project tsee fm is calculated, determined and set at the time of issuance of the first building permit by _19494or the project. The developer shall pay all in -lieu fees allowed by this section for the entire project prior to issuance of the first occupancy approval for any construction which adds net residential units. The in -lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (43) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. Ordinance No. NS-XXX Page 9 of 16 City Council 35 — 37 9/7/2021 Section 9. Section 41-1906 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1906. - Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off - site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either ten (10) percent for very low income or fifteen (15) percent for low income inclusionary units. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. Ordinance No. NS-XXX Page 10 of 16 City Council 35 — 38 9/7/2021 (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost of fifty fil'48 (65) in perpetuity. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner -occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). Ordinance No. NS-XXX Page 11 of 16 City Council 35 — 39 9/7/2021 (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost.in perpetuity. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. Ordinance No. NS-XXX Page 12 of 16 City Council 35 — 40 9/7/2021 (1) The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. (2) No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Section 10. Section 41-1909 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1909. - Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of new affordable housing opportunities or +c fF@for larae families currently living in the City. Other eligible uses of the inclusionary_ housing housing Units. This ,fund include but isare not limited to, (il Creating affordable units from the existing market rate housing stock including but not limited to, the purchase and rehabilitation of units. (ii) Funding one-time programs for code enforcement, quality of life, and general health and safety activities. (iii) Implementing and promoting programs addressing housing security, eviction prevention, and housing legal assistance for city residents. --Liv-L Funding reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. Ordinance No. NS-XXX Page 13 of 16 City Council 35 — 41 9/7/2021 (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co -investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund shall provide a neaotiated enforceable commitment that the developer will use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project. The negotiated enforceable commitment shall also ensure a minimum of 30% of all work -hours for the project be performed in accordance with local hire policies approved by the City Council., Section 11. Section 41-1910 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1910. - Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in -lieu fee shall be subject to city council review and consideration_ City Council 35 — 42 9/7/2021 (€b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (6c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (ed) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 13. This Ordinance shall become effective thirty (30) days after its adoption. Section 14. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 12021. Vicente Sarmiento Mayor Ordinance No. NS-XXX Page 15 of 16 City Council 35 — 43 9/7/2021 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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 Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 16 of 16 City Council 35 — 44 9/7/2021 2015 HOO Applicable Areas Legend (ID / Harbor Mixed•Used Transit Corridor Specific Plan (SP•2) n2 Transit Zoning Code (SI}-84) with Zoning Overlay Metro East Mixed -Use Overlay Zone l4J MainPlace Speck Plan (SP-4) 3.5 7 2 Miles City Council Potential HOO Applicable Areas Legend l 1? Harbor Mixed -Used Transit Corridor Specific Plan (SP-2) l2 Transit Zoning Code (SD-84) with Zoning Overlay n3 Metro East Mixed -Use Overlay Zone l�4l MainPlace Specific Plan (SPA) l 5f West Santa Ana Boulevard Focus Area 1CJ GrandAvel17th Street Focus Area 1I J South Main Street Focus Area l8f South Bristol Street Focus Area l9f 55 FwylDyer Road Focus Area 6.5 1 2 Miles City Manager Office www.santa-ana.org/cm Item # 36 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: School Collaboration City Council Subcommittee AGENDA TITLE: Resolution Establishing the School Collaboration City Council Subcommittee RECOMMENDED ACTION Receive direction from the School Collaboration Ad Hoc Committee and consider adopting a resolution establishing the School Collaboration City Council Subcommittee. DISCUSSION Background Since December 1998, there have existed subcommittees of the City Council. Initially referred to as "council committees", these subcommittees have served as advisory to the City Council, have consisted of less than a quorum of the City Council, and have met for the purpose of focusing greater attention on key priorities that would come before the City Council in the future. While the first mention of a subcommittee relating to collaboration between the City and educational institutions was in December 1998 with the establishment of the Youth Alternatives and Development / School Capital Development / Educational Enhancement and Coordination Subcommittee, a subcommittee of the City Council did not begin holding joint meetings with an outside educational institution, particularly the Santa Ana Unified School District Governing Board, until January 2013 when the City Council established the Joint SAUSD and City Council Committee. The Joint SAUSD and City Council Committee, along with all other subcommittees, were disbanded in February 2020. Ad Hoc Committees On March 2, 2021, the Mayor appointed several councilmembers to ad hoc committees to discuss discrete policy issues: • Solid Waste Ad Hoc Committee • Housing Ad Hoc Committee • School Collaboration Ad Hoc Committee • Homeless Ad Hoc Committee Ad -Hoc committees are committees of the City Council. What differentiates ad -hoc committees from subcommittees is that ad -hoc committees meet (1) for a specific City Council 36 — 1 9/7/2021 School Collaboration City Council Subcommittee September 7, 2021 Page 2 purpose and (2) for a limited time period, whereas subcommittees are standing committees that can meet on an on -going basis and do not need to meet for a specific purpose. School Collaboration Ad Hoc Committee's Recommendation to Establish the School Collaboration Citv Council Subcommittee Below are details of the School Collaboration Ad Hoc Committee: • Composed of Councilmembers Mendoza, Hernandez, and Lopez, each appointed by the Mayor • Serves in an advisory capacity to the City Council • Studies, reviews, and/or discusses the following topics: collaboration with the Santa Ana Unified School District and other school districts which provide services to Santa Ana residents relating to advancing programs and services for residents; and existing and future joint -use agreements for City -owned and school district -owned facilities • Reports in intervals as needed • Automatically dissolves upon the report to the full City Council The School Collaboration Ad Hoc Committee met five times to review and discuss opportunities to collaborate with the various educational institutions in Santa Ana, including the all of the public school districts that serve Santa Ana. Additionally, the Ad Hoc Committee discussed the Santa Ana Water Tower. On August 27, 2021, the School Collaboration Ad Hoc Committee recommended that the City Council disband the Ad Hoc Committee and consider a resolution (Exhibit 1) to establish a standing subcommittee that could jointly meet with the Santa Ana Unified School District Governing Board and legislative bodies from other educational institutions —to be referred to as the School Collaboration City Council Subcommittee. The purpose of the School Collaboration City Council Subcommittee is to study, review, and/or discuss the following topics: • Create opportunities to collaborate with educational institutions that serve Santa Ana, including public school districts (such as the Santa Ana Unified School District, Garden Grove Unified School Districts, and others), private schools, charter schools, higher education institutions, and others to improve service delivery Identify existing and future joint -use agreements for City -owned and school district - owned facilities to streamline and modernize service delivery The Subcommittee will create and approve its own by-laws that will provide further detail relating to its scope of work of advising the City Council. Provisions of these by-laws will include, among other parameters, a recurring meeting schedule. Additionally, the City will seek to convene Subcommittee meetings jointly with legislative bodies from other educational institutions. To date, the City has received notification from the Santa Ana Unified School District that their Governing Board is interesting in meeting jointly with the Subcommittee. City Council 36 — 2 9/7/2021 School Collaboration City Council Subcommittee September 7, 2021 Page 3 Staff recommends that the School Collaboration City Council Subcommittee consist of two or three members who are appointed by a majority of the entire City Council at a public meeting. Additionally, staff recommends that each member of the subcommittee serve for a two-year term commencing with the first meeting of the newly installed City Council following a general election. These provisions are consistent with the provisions established in Resolution 2017-009, which established the last series of subcommittees. Standing committees are subject to the various meeting requirements of the Brown Act. Agendas for standing committees must be posted, minutes must be taken, and the meetings must be open and accessible to the public, among other things. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 36 — 3 9/7/2021 RESOLUTION NO. 2017-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SCHOOL COLLABORATION CITY COUNCIL SUBCOMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: SECTION 1. The City Council hereby finds, determines and declares as follows: A. By resolutions approved in the past, the City Council had created City Council subcommittees for the purpose of focusing greater City Council attention on key priorities coming before the City Council in the future. B. Most recently, on February 21, 2017, the City Council adopted a resolution (Resolution No. 2017-009) to establish the following four City Council subcommittees: Community Services (and Joint Santa Ana Unified School District and City Council); Economic Development, Infrastructure, Budget and Technology; Legislative Affairs, Ethics, Transparency and Communications; and Public Safety, Code Enforcement and Neighborhood Empowerment Committee. C. On February 4, 2020, the City Council directed to disband all City Council subcommittees. D. On March 2, 2021 the Mayor appointed several councilmembers to ad hoc committees to discuss discrete policy issues. One of these ad hoc committees was the School Collaboration Ad Hoc Committee. E. On August 27, 2021, the School Collaboration Ad Hoc Committee met and recommended that the City Council consider disbanding the School Collaboration Ad Hoc Committee and establishing a subcommittee: the School Collaboration City Council Subcommittee. F. The City Council seeks to establish the School Collaboration City Council Subcommittee. SECTION 2. From and after the date hereof, there shall be a School Collaboration City Council Subcommittee. The purpose of the School Collaboration City Council Subcommittee is to discuss creating opportunities to collaborate with educational institutions that serve Santa Ana, including public school districts (such as the Santa Ana Unified School District, Garden Grove Unified School Districts, and others), private schools, charter schools, higher education institutions, and others to City Council 36 — 4 Resolutionm7golxxx of 2 9 improve service delivery, as well as identify existing joint -use agreements and opportunities for joint use for City -owned and school district -owned facilities. SECTION 3. The School Collaboration City Council Subcommittee shall consist of two (2) or three (3) councilmembers. The members on the subcommittee shall be appointed by a majority of the entire City Council at a public meeting. Subcommittee members do not receive additional stipends or compensation for serving of these committees. Each subcommittee member shall serve on the subcommittee for a two- year term commencing with the first meeting of each newly installed City Council following a general election, but each Councilmember shall continue to serve on his or her committee until replaced. SECTION 3. This Resolution repeals and replaces all previous resolutions in their entirety relating to this subject matter. Section 4. This resolution shall take effect immediately upon its adoption by City Council and the Clerk of Council shall attest to and certify the vote adopting this resolution. ADOPTED this day of September, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Res Page t*?J 1-XXX 36 — 5 9/7/2021 NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana City Council 36 — 6 Resolution m7gb�'Ixxx of 2 9 Public Works Agency www.santa-ana.org/pw Item # 37 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Bristol Street and Memory Lane Intersection Improvements AGENDA TITLE Hold a Public Hearing to Adopt a Resolution of Necessity Determining Public Interest and Necessity for the Acquisition of Real Property Located at 1313 W. Memory Lane (Property Owner: Rim Pacific Investors Portofino, LLC) (Project No. 17-6883) (Non -General Fund) RECOMMENDED ACTION Approve a resolution of necessity authorizing the condemnation of a portion of the real property located at 1313 W. Memory Lane (APN 002-261-29), owned by Rim Pacific Investors Portofino, LLC, declaring the public necessity and interest thereof. 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. In order 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 1313 W Memory Lane 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 April 7, 2021 in the amount of $241,000 (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 37 — 1 9/7/2021 Bristol Street and Memory Lane Intersection Improvements September 7, 2021 Page 2 ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications 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 $241,000 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 03217663- Measure M- Measure M2 2021-22 66100 Street Construction Competitive Street, $180,750 Land 03517660- New Transportation New Transportation 2021-22 66100 System System Improvements $60,250 Improvement Area F Area F, Land TOTAL $241,000 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 37 — 2 9/7/2021 Exhibit 1 13131 W. MFMORY l N Cc (APN 002-261-29) MEMORY LANE O lX m PARK LN LEG&V ® -SUBJECT PROPERTY ® -ACQUISITION IN PROGRESS I -ACQUISITION COMPLETED SANTAANA Project No. 17-6883. PW1 BRISTOL STREET AND MEMORY LANE �) INTERSECTION IMPROVEMENT PUBLIC WORKS AGENCY I itrnn1 1 IT1r1\1 r%r \Ir/'►r[[IT\/ 0 ti MAYOR Vincent F. Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez Nelida Mendoza April 7, 2021 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-21 Santa Ana, California 92702 www.santa-ana.org Rim Pacific Investors Portfolio, LLC Attn: Mr. Richard Tucker 22982 Mill Creek Drive Laguna Hills, California 92653 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez VIA CERTIFIED MAIL SUBJECT: OFFER TO ACQUIRE PROPERTY INTERESTS AT: 1313 Memory Lane, Santa Ana, CA 92706 APN: 002-261-29 Dear Mr. Tucker, 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 Rim Pacific Investors Portfolio, LLC, a California limited liability company, as the vested owner, Attachment 1. The City seeks to acquire a portion of your property and a twelve month Temporary Construction Easement (TICE), 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. SANTA ANA CITY COUNCIL Vincente Sarmiento City/ a�ttp64 Thai Viet Phan Jessie Lope737 — 4 Phil Bacerra Johnathan R9�7jr Nelida Mendoza Mayor ayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 VSarmientofa),santa-ana.ora dpenaloza(a�santa-ana.ora TPhan(a�santa-ana.ora Jessie Looez(v)santa-ana.oro pbacerra(alsanta-ana.ora 111,-1ernanda (,,!ma-ana.oro � nmendoza4,santa-ana.orc 1313 Memory Lane Santa Ana, CA 92706 April 7, 2021 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 Two Hundred Forty One Thousand Dollars ($241,000). 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. City Council 37 — 5 9/7/2021 1313 Memory Lane Santa Ana, CA 92706 April 7, 2021 Please let us know prior to May 7, 2021 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. 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 the City's acquisition consultant, Phillip Bonina, from Paragon Partners Ltd. at (714) 379-3376. Ext. 109. Sincerely, Jason Gabriel Principal Civil Engineer City Council 37 — 6 9/7/2021 ATTACHMENT 1 Commonwealth' LAND TITLE COMPANY City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92702 Attn: Mindy Ly Your Reference No: 002-261-29 Property Address: 1313 MEMORY LN, Santa Ana, California Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 Our File No: 09205694 Title Officer: Chris Maziar e-mail: unit I Ogelti c.com Phone: (949) 724-3170 Fax: (949) 258-5740 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 37 — 7 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Extended 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: RIM PACIFIC INVESTORS PORTFOLIO, 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 37 — 8 9/7/2021 Order No: 09205694-920-CMM-CM8 EXHIBIT "A" ATTACHMENT 1 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT 25, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, OF THE POTTS, BORDEN AND SIDWELL TRACT, AS SHOWN ON MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 300 FEET NORTHERLY ALONG THE CENTERLINE OF BRISTOL STREET (BEING THE DIRECTION OF NORTH 0014'50" EAST) FROM THE INTERSECTION OF THE CENTERLINES OF MEMORY LANE AND BRISTOL STREET, AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 64, PAGE 46 OF RECORDS OF SURVEY; THENCE NORTH 89°53'50" WEST 50 FEET TO THE TRUE POINT OF BEGINNING OF WITHIN DESCRIBED PARCEL. FROM SAID TRUE POINT OF BEGINNING, THENCE EASTERLY 10 FEET ALONG A LINE NORTH 89°53'50" WEST TO A POINT; THENCE SOUTHERLY 50.04 FEET ALONG A LINE NORTH 0°14'50" EAST TO A POINT; THENCE WESTERLY 10 FEET ALONG A LINE NORTH 89053'50" WEST TO A POINT; THENCE SOUTHERLY 180.00 FEET ALONG A LINE NORTH 0014'50" EAST TO A POINT THENCE SOUTHWESTERLY 28.34 FEET ALONG A LINE SOUTH 45008'35" WEST TO A POINT; THENCE NORTH 87°57'50" WEST 70.12 FEET TO A POINT; THENCE WESTERLY ALONG A RADIAL LINE 109.93 FEET (DRAWN BY AN ANGLE 1°54'48" WITH A RADIUS OF 1,950 FEET FROM A VERTEX LOCATED 209.80 FEET AND PERPENDICULAR NORTHERLY 1,950 FEET FROM THE MOST WESTERLY POINT OF SAID 65,12 FEET) TO A POINT; THENCE SOUTHERLY 10.01 FEET ALONG A LINE WEST 0014'50" EAST TO A POINT; THENCE WESTERLY 418.01 FEET ALONG A RADIAL LINE I DRAWN BY AN ANGLE 12013'10" FROM A VERTEX LOCATED 209.80 FEET FROM SAID POINT OF BEGINNING, THENCE PERPENDICULAR THERETO NORTHERLY A RADIUS OF 1,960 FEET TO A VERTEX OF SAID ANGLE), TO A POINT; THENCE NORTHERLY 160.00 FEET ALONG A LINE NORTH 15 °28'32" EAST TO A POINT; THENCE EASTERLY ALONG A RADIAL LINE 425.56 FEET (DRAWN BY A ANGLE 12°4'38" FROM A VERTEX LOCATED 190,41 FEET EASTERLY TO THE POINT OF BEGINNING; THENCE NORTHERLY 99.23 FEET ALONG A LINE NORTH 0014'50" EAST TO A POINT; THENCE 150 FEET ALONG A LINE NORTH 89°53'50" WEST TO A POINT OF BEGINNING OF THIS PARCEL. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASTERLY 185 FEET OF THE SOUTHERLY 185 FEET OF LOT 25 OF SAID TRACT. PARCEL 2: AN EASEMENT FOR DRIVEWAY PURPOSES AND FOR PLACING, INSTALLING AND MAINTAINING FOR THE USE AND BENEFIT OF THE REAL PROPERTY DESCRIBED AS PARCEL 1, ABOVE, UTILITIES, ASPHALTIC SURFACES, BLOCK WALLS, FOOTINGS, LANDSCAPING AND IRRIGATION FACILITIES OVER THE PROPERTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE EASTERLY 185 FEET OF THE SOUTHERLY 185 FEET OF LOT 25 OF THE POTTS, BORDEN AND SIDWELL TRACT, AS SHOWN ON A MAP. RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA (HEREINAFTER "PARCEL l " ); THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1, 30.00 FEET, TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY 47.23 FEET ALONG THE ARC OF SAID 30.00 FEET RADIUS CURVE THROUGH A CENTRAL OF 90012'20"TO THE WESTERLY LINE OF SAID PARCEL 1; THENCE NORTHERLY ALONG THE WESTERLY LINE, 30.00 FEET, TO THE POINT OF BEGINNING AS GRANTED IN THAT CERTAIN GRANT DEED RECORDED :TUNE 1, 1999 AS INSTRUMENT NO. 19990402021, OF OFFICIAL RECORDS OF SAID COUNTY. APN: 002-261-29 City Council 37 — 9 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-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 37 — 10 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 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. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 002-261-29 Fiscal Year: 2017-2018 1 st Installment: $37,481.05, OPEN (Delinquent after December 10, 2017) Penalty: $3,748.10 2nd Installment: $37,481.05, OPEN (Delinquent after April 10, 2018) Penalty and Cost: $3,771.10 Homeowners Exemption: $ Code Area: 11-001 B. 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. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Waiver of any claims for damages to said property by reason of location, construction, landscaping or maintenance contained in deed to the State of California for road, dated August 24, 1936, from C.S. Minster and Eleanor M. Minster recorded September 11, 1936 in Book 843 Page 304 as Instrument No. 24522 of Official Records 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: pipes for water transportation, with the right of ingress and egress Recording Date: June 12, 1940 Recording No: 13408 in Book 1049 Page 171 of Official Records Affects: a portion of said land Reference is hereby made to said document for full particulars. 4. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey, as per map on file in Book 64 Page 46, in Book 235 Pages 37 through 40 and in Book 245 Pages 9 through 15 of Records of Survey, in the Office of the County Recorder of Orange County, California. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: public street Recording Date: October 7, 1985 Recording No: 85-382990 of Official Records Affects: a portion of said land Reference is hereby made to said document for full particulars. City Council 37 — 11 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: underground communication facilities Recording Date: June 23, 1986 Recording No: 86-263983 of Official Records Affects: a portion of said land Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: underground electrical supply systems and communication system Recording Date: July 1, 1986 Recording No: 86-280609 of Official Records Affects: a portion of said land Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: ingress, egress and road Recording Date: July 15, 1986 Recording No: 96-302898 of Official Records Affects: a portion of said land Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Common Fence Easement Agreement Recording Date: August 19, 1986 Recording No: 86-371096 of Official Records Reference is hereby made to said document for full particulars. 10. A lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Memory Lane Associates Lessee: Consolidated Lauco Systems Recording Date: October 5, 1992 Recording No: 92-671032 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: driveway purposes and for placing, installing and maintaining service station facilities February 25, 1999 19990135543 of Official Records a portion of said land City Council 37 — 12 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 Reference is hereby made to said document for full particulars. 12. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Rim Pacific Investors Portofino, LLC, a California limited liability company and Silver Harmony Inc., a Florida corporation Lessee: Web Service Company, Inc. Recording Date: January 12, 2005 Recording No: 200500028674 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 13 14. 15 16 An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Rim Pacific Investors Portofino, LLC, a California limited liability company Lessee: Web Service Company, LLC Recording Date: March 16, 2010 Recording No: 2010000124275 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. A deed of trust to secure an indebtedness in the amount shown below Amount: $5,410,000.00 Dated: June 19, 2015 Trustor/Grantor: Rim Pacific Investors Portofino, LLC, a California limited liability company Trustee: JPMorgan Chase Bank, N.A. Beneficiary: JPMorgan Chase Bank, N.A. Loan No.: 100522326 Recording Date: June 30, 2015 Recording No: 2015000339580 of Official Records 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. 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 37 — 13 9/7/2021 ATTACHMENT Order No: 09205694-920-CMM-CM8 City Council 37 — 14 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 REQUIREMENTS SECTION: 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: RIM PACIFIC INVESTORS PORTFOLIO, 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. 2. 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 AfFidavitlDeclaration. City Council 37 — 15 9/7/2021 Order No: 09205694-920-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: 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. 6. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land multiple family residence, known as 1313 MEMORY LN, SANTA ANA, CA, to an Extended Coverage Loan Policy. 7. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 8. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Typist: ry0 Date Typed: December 14, 2017 City Council 37 — 16 9/7/2021 ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 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 ofthe 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 ofthe indebtedness, to comply with the applicable doing business laws ofthe 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 ofthe insured lender, by reason ofthe 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 darnage (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; C. 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. Failure to pay value for Your Title. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Snherh,le A and City Council 37 — 17 9/7/2021 Attachment One (6-5-14) CA & NV ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk I 1 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. S. Contamination, explosion; fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or 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; (it) 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 l(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 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. E City Council 3 518 9/7/2021 Attachment One (6-5-14) CA & NV ATTACHMENT Order No: 09205694-920-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 ofthe 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 ]and; 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; (e) 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 ofthis 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: L (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 Pubic 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 coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5. 6. 13(c)_ 13(d), 14 City Council 37 — 19 9/7/2021 Attaclunent One (6-5-14) CA & NV ATTACHMENT Order No: 09205694-920-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 I l (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. It. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. City Council 37 — 20 9/7/2021 Attaclunent One (6-5-14) CA & NV ATTACHMENT 1 Order No: 09205694-920-CMM-CM8 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 37 — 21 Page 15 9/7/2021 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 I 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 terns 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. FNF Privac)0ftrGj6ffKfCn/1/2015) Last Updated March 1, 2017 Co&7ig-ht_n017. Fidelity National FinanciQRJ2012dghts Reserved MISCO219 (DS1 Rev. 3/2/17) Page 1 Order No. 09205694-920-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. Browsine 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 Lop 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; FNF Pr1vac3G r r(�&ffft.;fl/l/2015) Last Updated March 1, 2017 Co37i0t2017. 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Fidelity National FinanciaW42"lghts Reserved MISCO219 (DSI ev. 3/2/17) Page 4 Order No. 09205694-920-CMM-CM8 ATTACHMENT 1 oos-26 y. 23 +fps, aN Ao0.�M � � aar Ac Q ®1�11n 4 TRACT Q ;$ i' LAIC .-.--.. 129 P IQ,_____l (_ '.30 � xrnrs tour .MICSN 19i1 POTIX IiMM A SOKU TRACT L.A. h83 NOTE - ASSESSOR'S K"M a ASSESSOR'S NAP PARCEL NMERS 60Of OW PACE ii MOM IN CIRCLES CCtWTE Of ORANGE This maprplatisheinghnM.thedasanactinl cftthe hereinOmrbedLandmrek6mtoadaininp steak nlduratbaundanea aIL! aNgr blyd, pod is note aurvey ddla iand dapided. ErCapf to Iae exfenta polky olGle insuraxN re e;gwasaylrrod�iad by endorsement. Neny, the Compalry doaa nM ineae dimenNals, duGNxes, 6cah'm ataetemanta, anneepe aofMrmalMaaMwn ihemai. City Council 37 — 26 9/7/2021 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: Owner's De lltouncil sco2ao �Dsl Rev. 6i2a t6 27 9/7/2021 1 -- A nc ATTACHMENT 2A HU1 1 I }L�JL RS- HUITT-ZOLLARS, INC. • 2603 Main Street • Suite 400 • Irvine, CA 92614-4250 • 949 988 5815 phone - 949 988.5820 fax • huitt-zollars corn R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION A.P. NO. 002-261-29 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: 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; 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, said point being the TRUE POINT OF BEGINNING; thence leaving said parallel line North 01 °09'50" East 115.06 feet to a point on that certain course shown as having a bearing and distance of "N 89°53'50" W 160.00' " on said Record of Survey; thence along said line South 88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol Street as described as Parcel 2 in that certain Grant Deed recorded October 7, 1985, as Instrument No. 85-382990, of Official Records in said office of the County Recorder; thence along said Westerly Right of Way line and continuing along the Westerly Right of Way line of said Bristol Street as shown on said Record of Survey South 01 °09'50" West 115.05 feet to last said parallel line; thence leaving said Westerly Right of Way line along said parallel line North 89°03'28" West 11.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 1,266 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. City Council 37 — 28 9/7/2021 r/R307513.03/02/02.10/NewR0W-2/zk/dwm ATTACHMENT 2A EXHIBIT "A" LEGAL DESCRIPTION -CONTINUED RIGHT-OF-WAY ACQUISITION A.P. NO. 002-261-29 PAGE 2 R307513.03 04-06-18 Revised 04-12-18 All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. JEF . L hNHERR, PLS 9305 J F a � NO. 9305 City Council 37 — 29 9/7/2021 r/R307513.03/02/02.10/NewROW-2/zk/dwm ATTACHMENT 2A f 50' I Qcs I �� N8858'50"W I o N � I _ 11.00 N8858'50"W 160.00' v n (N89 53'50 "W 160.00) NO a8 o �W I I A.P.N. � I �` 3IY 0 (DA 002-261-29 - J o J' W o° °° a O �' � � I,o W O \ Z J Z Q N89 03'28 "W _ Lam~ T. P.O.B. z I m 0 o v rW I ° -A Z ^I a I OI I r1� `n ro 11'� 50' 0 I I 61' r I (XXX) INDICATES RECORD � DATA PER R.S.B. 64146 I N455 37 47 OR' ONKL LAND O W O a * N0. 9305 \lE OF cj"_ Fi N46 03'35' E I 28.34' NIL RIGHT OF WAY P.O.C. LINE MEMORY LANE (N89 57 30"W-� N89 03'28"W 70.12) 17.74' N89 03'28 "W MEMORY LANE REVISED: 4112118 HU I TTzO L Il , R SKETCH TO ACCOMPANY � A LEGAL DESCRIPTION Hitt-zollare, Inc. Irvine EXHIBIT 'B' 26W Mein Street, "o 400, Irvine, CA 92G% Phone (940) 9ea-5e15 Fax (949) 9ea-5920 RIGHT OF WA Y APPROVED BY d r'nl //_CT/nAI ?A.P M 002 261-29 SCALE 1 "=50' DRANK BY DWM CHECKED BY JJL DADATE 41612018 ?TOT' R307513 03 R. \R30751.303\CADD\MAPPING\DWG\EX\30751303JEX02.DWG ATTACHMENT 2B 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. 002-261-29 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; 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, said point also being the TRUE POINT OF BEGINNING; thence leaving said parallel line North 01°09'50" East 65.17 feet to a point hereinafter referred to as Point "A"; thence continuing North 01 °09'50" East 29.22 feet to a point hereinafter referred to as Point "B"; thence continuing North 01 °09'50" East 20.67 feet to a point on that certain course shown as having a bearing and distance of "N 89°53'50" W 160.00' " on said Record of Survey, said point being the Point of Terminus. Said strip of land is 5.00 feet wide from the TRUE POINT OF BEGINNING to said Point "A"; 17.77 feet wide from said Point "A" to said Point "B"; and 5.00 feet wide from said Point "B" to said Point of Terminus. The Westerly line of said strip of land to be lengthened or shortened so as to originate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane and to terminate in said line having a bearing and distance of "N 89°53'50" W 160.00' ". Containing an area of 948 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. Cit Council 37 — 31 9/7/2021 r/R30 513.03/02/02.10/NewTCE-2/zk/dwm ATTACHMENT2B EXHIBIT "A" R307513.03 LEGAL DESCRIPTION -CONTINUED 04-06-18 TEMPORARY CONSTRUCTION EASEMENT Revised A.P. NO. 002-261-29 04-12-18 PAGE 2 All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. JEVPP,P,Y J. LENHERR, PLS 9305 � Ad- 0 � W 1 a _-) z O a NO. 9305 s�9rF �a\P �F c-ALifQ City Council 37 — 32 9/7/2021 r/R30 513.03/02/02.10/NewTCE-2/zk/dwm N885850"W 160.00' (N89 5350 "W 160.00 ) A8 d I (DA °o �0 o A.P.N. 002-261-29 Q \ 00 4- �Q 0 a �o N89103 28 W ¢� o w o O o o T.P.O.B. � ;� � o I f o ce P h ]1' 50, 61 ' a I r � � 0 i POINT 'A' i (XXX) INDICATES RECORD DA TA PER R.S.B. 64146 z / N45 57'17"E 37.96' aNNL LA Np N'L Y RIGHT OF WA Y P.O.C. LINE MEMORY LANE (N87 .1 'JO) " W-� N89103'28W 17.74' W ; p M N89 03'28 "W No. 9305 MEMORY LANE — sr4T,p OF c0,1105 REVISED 4112118 W co H i � �'1`j-` ,�,����� SKETCH TO ACCOMPANY SCALE1"=50' u 1 A LEGAL DESCRIPTION DRAW BY DWd 26M Main ISWeet, Sia o 400, lrvhle, C 926M EXHISI T 'B� CHECKED BY ✓✓L Phone (949) 9W-5e15 Fax (949) 9ee-5820 TEMPORARY 41612018 �RO►�D BYCONSTRUCTION DAiE It O G I l 3f.Q W 002-2e1 29 171-62—'RJ0751J.0,3 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX04.DWG ATTACHMENT 3 STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Rim Pacific Investors Portofino, 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 37 — 34 9/7/2021 Page 1 ATTACHMENT 3 DESCRIPTION OF THE LARGER PARCEL Ownership: Rim Pacific Investors Portofino, LLC Location: 2702 N. Bristol Street, Santa Ana, California 92709 Assessor's Parcel No.: 002-261-29 Date of Value: March 1, 2021 Property Rights Appraised: Fee simple Site Area: Approximately 81,893 square feet, or 1.88 acres, according to the Assessor's Map. Zoning: The parcel is zoned SD-27 a Specific Development designation allowing for a development as described by the document approved by City Council in 1985. The development allows for 84 residential units and sets forth details as to the required unit breakdown, landscaping, and building height and setbacks. Present Use: Multi -family residential Highest and Best Use: The highest and best use is the existing use. Improvements: It is improved with a 64-unit apartment complex. It was constructed in 1986 and is in good condition for its age. Description of Acquisition: The project as proposed includes two acquisitions: one fee acquisition, and one temporary construction easement. According to the engineering map and legal description provided, the fee acquisition will be 1,266 square feet, and the proposed temporary construction easement will encumber 948 square feet. The temporary construction easement duration is reported to be twelve months. The acquisitions are located along the eastern border of the property along N. Bristol Street. City Council 37 — 35 9/7/2021 Page 2 ATTACHMENT 3 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: Orange County • Size: No limitations • Use: Multi -family Residential • Transaction Date: January 2017 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 The preceding analysis indicates a value within an adjusted range of $53.18 to $90.52 per square foot. The subject larger parcel is typical for most properties in the area. A value above Land Sale No. 2, but below Land Sale No. 4 is considered appropriate for the larger parcel. Our opinion of the fair market unit value of the fee simple interest in the underlying land of the larger parcel, as of the date of this report, is $70.00 per square foot Land Valuation Array Item No. Overall Comparability Cumulative Adjusted Price Per Square Foot 3 Superior $90.52 4 Superior $73.20 LARGER PARCEL $70.00 2 Inferior $54.46 1 Inferior $53.18 We concluded at a land value of $80.00 per square foot, as follows: Land Value Conclusion Indicated Value per Square Foot $70 Subject Square Feet 81,893 Indicated Value $5,732,496 City Council 37 — 36 9/7/2021 Page 3 ATTACHMENT 3 Sales Comparison Approach - Improvements The sales comparison approach develops an indication of value by comparing the subject to sales of similar properties. The steps taken to apply this approach are: • Identify relevant property sales; • Research, assemble, and verify pertinent data for the most relevant sales; • Analyze the sales for material differences in comparison to the subject; • Reconcile the analysis of the sales into a value indication for the subject. To apply the sales comparison approach, we searched for sale transactions within the following parameters: • Property Type: • Size: • Location: • Age/Quality: • Transaction Date: Multi -family residential More than 25 units Throughout Orange County No limitations January 2018 through the effective date For this area of the subject, we use price per unit as the appropriate unit of comparison because market participants typically compare sale prices and property values on this basis. Value Indication Before adjustment, the sales reflect a range of $235,769 - $311,389 per unit. After adjustment, the range is narrowed to $238,127 - $281,028 per unit, with an average of $264,397 per unit. All of the comparables are considered generally similar to the subject. We arrive at a value indication as follows: Value Indication by Sales Comparison Indicated Value per Unit $275,000 Subject Units 64 Indicated Value $17,600,000 City Council 37 — 37 9/7/2021 Page 4 ATTACHMENT 3 Income Capitalization Approach The income capitalization approach converts anticipated economic benefits of owning real property into a value estimate through capitalization. The steps taken to apply the income capitalization approach are: • Analyze the revenue potential of the property. • Consider appropriate allowances for vacancy, collection loss, and operating expenses. • Calculate net operating income by deducting vacancy, collection loss, and operating expenses from potential income. • Apply the most appropriate capitalization method, either direct capitalization or discounted cash flow analysis, or both, to convert anticipated net income to an indication of value. The two most common capitalization methods are direct capitalization and discounted cash flow analysis. In direct capitalization, a single year's expected income is divided by an appropriate capitalization rate to arrive at a value indication. In discounted cash flow analysis, anticipated future net income streams and a future resale value are discounted to a present value at an appropriate yield rate. In this analysis, we use only direct capitalization because investors in this property type typically rely more on this method. Direct Capitalization Analysis Annual $/Unit INCOME Rental Income $1,333,500 $20,836 Expense Reimbursements $60,000 $938 Other Income $10,800 $169 Potential Gross Income $1,404,300 $21,942 Vacancy & Collection Loss 5.00%-$70,215 -$1,097 Effective Rental Income $1,334,085 $20,845 Effective Gross Income $1,334,085 $20,845 EXPENSES Real Estate Taxes $208,019 $3,250 Insurance $9,600 $150 Utilities $64,000 $1,000 Repairs/Maintenance $48,000 $750 Painting & Decorating $9,600 $150 Payroll/Benefits $96,000 $1,500 Advertising & Marketing $6,400 $100 General/Administrative $13,341 $208 Management 3.00% $40,023 $625 Replacement Reserves $32,000 $500 Total Expenses $526,982 $8,234 NET OPERATING INCOME $807,103 $12,611 Capitalization Rate 4.50% Indicated Value $17,935,613 $280,244 Rounded $17,935,000 $280,234 City Council 37 — 38 9/7/2021 Page 5 ATTACHMENT 3 Reconciliation and Conclusion of Value The values indicated by our analyses are as follows: Summary of Indicated Values - Before Condition Cost Approach Not Used Sales Comparison Approach $17,600,000 Income Capitalization Approach $17,935,000 Reconciled $17,935,000 City Council 37 — 39 9/7/2021 Page 6 ATTACHMENT 3 Valuation of the Parts Acquired The subject's larger parcel is impacted by two proposed acquisitions: a fee acquisition and a temporary construction easement. Fee Acquisition The area to be acquired for the proposed fee acquisition is 1,266 square feet. This area will be acquired in fee; the property owner will lose all rights to this area and the full fee value of the acquisition area is indicated. Fee Acquisition Assesor's Parcel Land Value Indicated Number Area ($/SF) Land Value Value 002-261-29 1,266 $70 $88,620 100% $88,620 Site Improvements within the Acquisition Area The area to be acquired for the fee acquisition is improved landscaping. The site improvements will not be protected in place or replaced as part of the project. The estimate of the replacement cost new of the improvements is based on the Marshall Valuation Service guide published by Marshall & Swift. The estimated replacement cost new for the improvements in the acquisition area is calculated as shown in the following table. Valuation of Site Improvements Area Unit Replacement Site Improvement (Number) Unit Value* Cost New Large Trees 4 Qty $4,364.06 $17,456 Small Trees 2 Qty $514.50 $1,029 Irrigated Landscaping 825 Qty $11.81 $9,745 Concrete Curbing 11 SF $25.92 $285 Concrete Block Wall 20 SF $17.52 350 Metal Fencing 280 SF $30.19 $8,453 Asphalt Driveway 215 SF $4.16 $895 $38,213 Add Indirect Costs @ 15% $5,732 Subtotal $43,945 Add Entrepreneurial Profit @ 15% $6,592 Total Replacement Cost New $50,537 Rounded $50,537 *Source: Marshall Valuation Service; Includes local and current multipliers **Minor differences in calculations due to Excel rounding 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" con r I y - ounce 11- - . 9/7/2021 Page 7 ATTACHMENT 3 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) $5,732,496 Less: Permanent Acquisition (Land Only)-$88,260 Remainder as a Portion of the Whole $5,644,236 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 In the after condition, the subject property will continue to function as a 64-unit apartment complex. The 81,893 square feet of land area that existed in the before condition will be reduced to 80,627 square feet in the after condition. Compensation for the permanent acquisitions was previously concluded. One parking space will be lost due to its proximity to the new right of way. Some curative work will need to be done to re-establish the landscaping and fencing as well as the conversion of the parking stall to a landscaped set back area. As part of the project, the City will install a retaining wall along the sloping portion of the property, which is adjacent to the apartment units. The six apartment units along Bristol Street will lose screening and be substantially closer to the public right of way in the after condition. A survey of eight apartment complexes in the area was made to determine if a rental reduction would result due to the proximity of the street. The majority of the property managers indicated no reduction in rent due to little or no vacancy in their complexes. One property manager reports that there is a $45 per month differential in rent between interior and street -facing units. As such, a $45 per month rent reduction will be made for the six units facing Bristol Street in the after condition. Also, one guest parking space will be permanently lost in the after condition. Extra parking spaces at the subject may be rented for $50 per month. A deduction to income will be made in the direct capitalization analysis due to this loss in parking. The value of the remainder is based on the revised income and expenses data concluded in the income approach to value previously (except for real estate taxes which adjust based on different values). The value conclusion remains similar on a price per square foot basis in both the "before" and "after" conditions. Calculations are shown below: City Council 37 — 41 9/7/2021 Page 8 ATTACHMENT 3 Direct Capitalization Analysis - After Condition Annual $/Unit INCOME Rental Income $1,330,260 $20,785 Expense Reimbursements $60,000 $938 Other Income $10,750 $168 Potential Gross Income $1,401,010 $21,891 Vacancy & Collection Loss 5.01% -$70,215 -$1,097 Effective Rental Income $1,330,795 $20,794 Effective Gross Income $1,330,795 $20,794 EXPENSES Real Estate Taxes $207,394 $3,241 Insurance $9,600 $150 Utilities $64,000 $1,000 Repairs/Maintenance $48,000 $750 Painting & Decorating $9,600 $150 Payroll/Benefits $96,000 $1,500 Advertising & Marketing $6,400 $100 General/Administrative $13,341 $208 Management 3.01% $40,023 $625 Replacement Reserves $32,000 $500 Total Expenses $526,357 $8,224 NET OPERATING INCOME $804,438 $12,569 Capitalization Rate 4.50% Indicated Value $17,876,391 $279,319 Rounded $17,880,000 $279,375 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 shape and utility will not change in the after condition once the curative work is completed. However, the units along Bristol Street appear to be impacted due to its closer location to the units, which may impact their market appeal. Damages are shown, as follows: Severance Damages Value of the Remainder as Part of the Whole $17,935,613 Value of the Remainder in the After Condition $17,876,391 Severance Damages $59,222 City Council 37 — 42 9/7/2021 Page 9 ATTACHMENT 3 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, we 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 $17,876,391 Remainder in the After Condition Before Considering Benefits $17,876,391 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 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. A temporary construction easement (TCE) reflects a transaction equivalent to a rental of the land for the period of construction. It can be evaluated based on negotiated land rental transactions, or (in the absence of directly relevant market transactions) a rate of return may be applied to the value of the underlying land. In this appraisal, we have relied on the latter. The value of the subject land encumbered by the TCE is expressed as the value per square foot based on the unit value of the larger parcel. As previously discussed, it is our opinion that the fee value of the subject land is at a unit rate of $70.00 per square foot. An application of the appropriate value per square foot is applied to the concluded rate of return for the land area affected by the temporary construction easement. For the area affected by the TCE, the indicated fee value of the land rental component is calculated in the following table. Temporary Construction Easement (Land Rental Component) Assesor's Parcel Land Value TCE Land Annual Rate of Annual Duration Indicated Number Area ($/SF) Value Return TCE Value (Years) Value 002-261-29 948 $70 $66,360 10% $6,636 1 $6,636 City Council 37 — 43 9/7/2021 Site Improvements within the TCE area Page 10 ATTACHMENT 3 The compensation for site improvements located within the acquisition areas will be protected in place or replaced as part of the project. Temporary Impacts A temporary construction easement is required for the reconstruction and widening of the existing right of way. The site will be graded and compacted to restore it to a condition that is as functionally equivalent as is practicable to its condition before commencement of the construction activities. The acquisitions do not adversely affect the utility, desirability, marketability, or highest and best use after construction is completed. However, an analysis of possible adverse impacts during the construction period is made. The temporary construction easement will encumber the property for a 12-month. According to the client, access to the temporary construction easement area will be from the public right-of-way. Reasonable pedestrian and vehicular access to the property shall be maintained at all times. The six units facing Bristol Street and two guest parking spaces will be impacted during construction. During this time, a 20% rent reduction for the two -bedroom units ($375 per unit per month) and parking spaces ($50 per space per month) impacted by the construction is estimated based on the market rental rate concluded previously in the Income Approach. Calculations are as follows: Valuation of Temporary Impacts Units Duration (Months) Rent Loss / Month Rent Loss 6 12 $375.00 $27,000 2 12 $50.00 $1,200 Total $28,200 The total value of the TCE is calculated as follows: Temporary Construction Easement - Total Value Item Indicated Value Land Rental Component $6,636 Temporary Impacts $28,200 Fair Market Value of TCE $34,836 City Council 37 — 44 9/7/2021 Page 11 ATTACHMENT 3 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: March 01, 2021 Value of Property Rights Valuation Opinions to be Acquired Permanent Property Rights Value of Larger Parcel (Land Only) $5,732,496 Value of the Fee Acquisition $88,260 Value of the Site Improvements $50,537 Permanent Parts Acquired $139,157 $139,157 Value of the Remainder as Portion of the Whole (Land Only) $5,644,236 Value of the Remainder in the After Condition (Land Only) $5,644,236 Severance Damages $59,722 Benefits $0 Net Severance Damages $59,722 $59,722 Fair Market Value of Permanent Property Rights Acquired $198,879 Temporary Property Rights Value of Temporary Construction Easement (TCE) - Land Only $6,636 Value of Site Improvements within Acquisition Area (P-I-P) $0 Temporary Impacts $34,836 Total Value of Temporary Construction Easement $41,472 $41,472 Total Fair Market Value of Proposed Acquisition $240,351 Rounded $241,000 City Council 37 — 45 9/7/2021 Page 12 ATTACHMENT 3 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 Expiration Date: April 12, 2021 City Council 37 — 46 9/7/2021 Page 13 ATTACHMENT 3 Summary of Comparable Land Sales Sale Date; SF; $/SF No. Name/Address Status Sale Price Acres Zoning Land 1 9861 11th Street Jan-20 $4,075,000 76,630 R3- Multi- $53.18 Garden Grove Closed 1.76 family Orange County Residential CA Comments: This is the sale of a 1.76-acre or 76,630-square foot parcel located at 9861 11th Street in the city of Garden Grove. The site is rectangular, characterized by level topography and is served by electric, water, gas, sewer and telephone utilities. The parcel is zoned R3, Multifamily Residential, by the City of Garden Grove. The property was not listed for sale at the time the seller contacted the buyer, which owned a convalescent home on the property. The buyer obtained entitlements for multifamily development and demolished the convalescent home, at their cost prior to the close of escrow. The seller indicated the sale price had been set at $4,000,000 based on capitalizing the net operating income of the existing convalescent home tenant at a 7.5% OAR, with the provision that the sale price would be reduced by $50,000 for each unit of the buyer's proposed site plan not approved for development. The recorded sale price was $3,550,000. The buyer indicated that they were also required to pay a $525,000 fee, to a party that had contracted to purchase the property, for assignment rights to purchase the property. The buyer's effective acquisition price was $4,075,000, which is equivalent to $53.18 per square foot or $131,452 per proposed unit. 2 2025 E Orangewood Ave Aug-19 $32,000,000 599,386 I, Industrial; $53.39 2050 E. Orangewood Avenue Closed 13.76 PTMU Platinum Anaheim Triangle Mixed Orange County Use CA Comments: The redevelopment site, which includes a vacant 106,000-square foot industrial building on 5.03 acres and an additional 9.04 acres, sold for $32 million. Unfortunately we were unable to reach the buyer for comment. The seller, a Hong Kong based developer, had reported earlier that they would be redeveloping the land just south of the Angel Stadium. It's been reported that the buyer plans on a mixed -use development with a hotel, grocery and residential component and are still talking with the city. 3 15162-15182 Jackson St Jun-19 $4,230,000 48,600 C2 - Gen. $87.04 15162 -15182 Jackson St Closed 1.12 Commercial Midway City Orange County CA Comments: The broker involved confirmed a sale price of $4,230,000. This was an investment. The buyer plans on building apartment units on site. Escrow took about 90 days. The property was previous improved, and required demolition prior to redevelopment of the site, No sale conditions were reported. 4 Central Park Villa Apr-19 $14,000,000 200,812 R3- Multi- $69.72 340-420 W. Central Ave. Closed 4.61 family Brea Residential Orange County CA Comments: This is the sale of a 4.61-acre or 200,812-square foot parcel located at 420 West Central Avenue in the city of Brea. Land uses within proximity include a business park of office/warehouse buildings, an office building, Memory Garden Memorial Park, a shopping center, and the Crestmont Estates mobile home park. The parcel is irregular in shape, characterized by level topography and is served by electric, water, gas, sewer and telephone utilities. The parcel, which is a part of the Central Park Village Master Plan, was entitled by the seller with a tract map for the development of 81 residential units, representing development density 17.6 units per acre. The property was sold in April 2019 at a sale price of $14,000,000, which is equivalent to $69.72 per square foot or $172,840 per potential dwelling unit. Subject 81,893 SD-27 Rim Pacific Investors Portofino, LLC 1.88 Santa Ana, CA City Council 37 — 47 9/7/2021 Page 14 ATTACHMENT 3 Summary of Comparable Improved Sales Sale Yr. Blt.; # Units; NOI/Unit; Date; # Stories; Rentable SF; $/Unit; NOI/SF; No. Name/Address Status % Occ. Avg Unit SF Sale Price $/SF Exp. Ratio Cap Rate 1 Park Downtown Dec-20 1985 46 $12,100,000 $263,043 $13,477 4.25% 1054 W. Santa Ana Blvd In Contract 3 31,187 $387.98 $19.88 Santa Ana 98% 623 — CA Comments: Park Downtown Luxury Apartments, is a forty six -unit multifamily property. It offers eight 2 bed/2 bath units, thirty-seven 1 bed / 1 bath units, and one studio. The two- and three-story building is well maintained and has a beautifully landscaped front yard with grass, flowers, and plants. The complex is secured and gated with grade level parking. The property has multiple well -kept on -site laundry rooms for resident convenience. The units also have spacious private balconies. Thirty of the forty-six units have received renovations which include new granite counter tops, flooring, paint, and stainless -steel appliances. 2 Highland Apartments Oct-20 1986 32 $8,435,000 $263,594 $11,862 4.50% 1116-1120 Highland St Closed 3 25,128 $335.68 $15.10 Santa Ana 100% 785 — CA Comments: The 32-unit multifamily property sold for $8,435,000 or about $263,594 per unit. The community was fully occupied at time of sale and generating a 4.50% cap rate. The property features 22 two-bed/one-bath and 10 one-bed/one-bath. There are laundry facilities onsite and security system throughout. There were no reported sale conditions. 3 Bush Court Apartments Aug-19 1987 52 $12,260,000 $235,769 $10,323 4.38% 1407 N. Bush St Closed 5 36,394 $336.87 $14.75 Santa Ana 92% 709 38% CA Comments: The 52-unit Bush Court Apartments sold for $235,769 per unit, with a mix of one and two bedroom units. The cap rate at time of sale was 4.77%. The seller had acquired the property in February 2019 for $235.577 per unit and had to sell for personal reasons, and just wanted to break even on the sale. 4 Park Townhome Apts Aug-19 1987 46 $12,525,000 $272,283 $12,471 4.58% 510 E. Chestnut Ave Closed 3 25,174 $497.54 $22.78 Santa Ana 100% 681 — CA Comments: This is the sale of a 47 unit apartment complex with a mix of one bedroom and two bedroom units, that sold for $272,283 per unit. A cap rate of 4.58% is reported based on the in place income at the time of sale. Approximately one-third of the units were renovated in 2019. Previous sale in August 2018 for $266,489 per unit. 5 Park Midrise Luxury Jun-19 1986 63 $17,100,000 $271,429 $14,357 5.29% 518 E. Pine St Closed 3 42,537 $402.00 $21.26 Santa Ana 100% 674 28% CA Comments: This is the sale of a 63 unit apartment complex with a mix of studio, one bedroom and two bedroom units, that sold for $271,429 per unit. A cap rate of 4.87% is reported based on the in place income at the time of sale. The broker reports that approximately one-third of the units had been renovated. Subject 1986 64 $12,525 Rim Pacific Investors 2 49,848 $16.08 Santa Ana, CA 98% 779 37% City Council 37 — 48 9/7/2021 Page 15 Kiley Company ATTACHMENT 4 APN: 002-261-29 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 37 — 49 9/7/2021 ATTACHMENT 4 APN: 002-261-29 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 37 — 50 9/7/2021 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 37 — 51 9/7/2021 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 37 — 52 9/7/2021 ATTACHMENT 5 TABLE OF CONTENTS WHY IS MY PROPERTY REQUIRED? 1 WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? 1 HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? 1 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT 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� KJ 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 37 — 53 9/7/2021 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 37 — 54 9/7/2021 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. 1LTA10a11,EITAW.Vej1Meta Do111111I:\11"is 1111111,1W.199:711K104% 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 37 — 55 9/7/2021 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 37 — 56 9/7/2021 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 99NeMIa II,IBra I&'(K el13O dIM107va9Z177:4:-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 37 — 57 9/7/2021 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 37 — 58 9/7/2021 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 6 37 — 59 9/7/2021 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 37 — 60 9/7/2021 City Council 37 — 61 9/7/2021 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. 1023N — 62 9//' 2OWJ9 (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 3fordetails),City ounce 37 — 63 9/7/2021 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 Cif U r1Cl .Von., regarded U.S. entity that has a forei WW202stluse the .Von., Farm 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+sneedlurrysfytlpe minor's SSN. 37 - 65 9/7/2021 EXHIBIT 3 RESOLUTION NO. 2021-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 1313 W. MEMORY LANE (APN NO. 002-261-29) 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 August 17, 2021, 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. 2021-XXX City Council 37 — 66 9/7920TI 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 1313 W. Memory Lane (APN No. 002-261-29), 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. 2021-XXX Pag ity° ouncil 37 — 67 9/7/2021 EXHIBIT 3 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 )2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: 7g, -f.. hn M. Funk Sr. Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2021-XXX City Council 37 — 68 9/7V2021 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX Pagtlty ouncil 37 — 69 9/7/2021 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. 002-261-29 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: 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; 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, said point being the TRUE POINT OF BEGINNING; thence leaving said parallel line North 01 °09'50" East 115.06 feet to a point on that certain course shown as having a bearing and distance of "N 89°53'50" W 160.00' " on said Record of Survey; thence along said line South 88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol Street as described as Parcel 2 in that certain Grant Deed recorded October 7, 1985, as Instrument No. 85-382990, of Official Records in said office of the County Recorder; thence along said Westerly Right of Way line and continuing along the Westerly Right of Way line of said Bristol Street as shown on said Record of Survey South 01 °09'50" West 115.05 feet to last said parallel line; thence leaving said Westerly Right of Way line along said parallel line North 89°03'28" West 11.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 1,266 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. City Council 37 — 70 9/7/2021 r/R30 513.03/02/02.10/NewROW-2/zk/dwm EXHIBIT "A" R307513.03 LEGAL DESCRIPTION -CONTINUED 04-06-18 RIGHT-OF-WAY ACQUISITION Revised A.P. NO. 002-261-29 04-12-18 PAGE 2 All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. 3EMa _ LLNHERR, PLS 9305 J. a O a � NO. 9305 ' Qx City Council 37 — 71 9/7/2021 r/R30 513.03/02/02.10/NewROW-2/zk/dwm a N N8858'50"W _ 11.00, N8858'50"W 160.00' (N8953'50"W 160. 00) i 50, I No I Ur A(5 QW (1 A.P.N. I 3 f 002-261-29 W Q Q a O a f o I d (XXX) INDICATES RECORD DATA PER R.S.B. 64146 * NO. 9305 �TE OF CA,.\_ 1 NIL RIGHT OF WAY LINE MEMORY LANE Q) LQ o o W � � zo El Uj N89 03'28 "W T.P.O.B. z m o Q I r� I d � I fro I al f Z I 11�61' 50' N45 57'171E / I37.96' / A 70.12) L a _ v _ N89 03'28 "W MEMORY LANE REVISED: 4112118 I N46 03'35 "E + 28.34' -P.O. C. N89 03'28"W 17.74' HUITT--ZOLLA�DC SKETCH TO ACCOMPANY �1"=50' � A LEGAL DESCRIPTION DRAW BY DW Hitt-Zollars, Ina Irvine 26M MaJn Street, State 400, Irvine, CA 920U EXHIBIT �B� CHECKED BY JJL Phone (949) 988-5815 Fax (949) 988-5820 RIGHT OF WA Y DAB 4/s/2018 APPROVED BY ACQUISTION X..RIF2 002 261-29 /"21 R307513.03 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX02.DWG FJ - -�F--I } ARS 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. 002-261-29 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; 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, said point also being the TRUE POINT OF BEGINNING; thence leaving said parallel line North 01°09'50" East 65.17 feet to a point hereinafter referred to as Point "A"; thence continuing North 01 °09'50" East 29.22 feet to a point hereinafter referred to as Point "B"; thence continuing North 01 °09'50" East 20.67 feet to a point on that certain course shown as having a bearing and distance of "N 89°53'50" W 160.00' " on said Record of Survey, said point being the Point of Terminus. Said strip of land is 5.00 feet wide from the TRUE POINT OF BEGINNING to said Point "A"; 17.77 feet wide from said Point "A" to said Point "B"; and 5.00 feet wide from said Point "B" to said Point of Terminus. The Westerly line of said strip of land to be lengthened or shortened so as to originate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane and to terminate in said line having a bearing and distance of "N 89°53'50" W 160.00' ". Containing an area of 948 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. Cit Council 37 — 73 9/7/2021 r/R30 513.03/02/02.10/NewTCE-2/zk/dwm EXHIBIT "A" R307513.03 LEGAL DESCRIPTION -CONTINUED 04-06-18 TEMPORARY CONSTRUCTION EASEMENT Revised A.P. NO. 002-261-29 04-12-18 PAGE 2 All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. oyk:k I kn_�� ]E RE J. LENHERR, PLS 9305 � Ad- 0 � W 1 a _-) z O a NO. 9305 s�9rF �a\P �F c-ALifQ City Council 37 — 74 9/7/2021 r/R30 513.03/02/02.10/NewTCE-2/zk/dwm N885850"W 160.00' (N89 5350 "W 160.00 ) A8 d I (DA °o �0 o A.P.N. 002-261-29 Q \ 00 4- �Q O a �o N89103 28 W ¢� o w o O o o T.P.O.B. � ;� � o I f o ce P h ]1' 50, 61 ' a I r � � 0 i POINT 'A' i (XXX) INDICATES RECORD DA TA PER R.S.B. 64146 z / N45 57'17"E 37.96' aNNL LA Np N'L Y RIGHT OF WA Y P.O.C. LINE MEMORY LANE (N87 .1 'JO) " W-� N89103'28W 17.74' W ; p M N89 03'28 "W No. 9305 MEMORY LANE — sr4T,p OF c0,1105 REVISED 4112118 W co H i � �'1`j-` ,�,����� SKETCH TO ACCOMPANY SCALE1"=50' u 1 A LEGAL DESCRIPTION DRAW BY DWd 26M Main ISWeet, Sia o 400, lrvhle, C 926M EXHISI T 'B� CHECKED BY ✓✓L Phone (949) 9W-5e15 Fax (949) 9ee-5820 TEMPORARY 41612018 �RO►�D BYCONSTRUCTION DAiE It O G I l 3f.Q AC 002-2e1 29 171-62—'RJ0751J.0,3 R. \R307513.03\CADD\MAPPING\DWG\EX\30751303JEX04.DWG